Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0204414
. .
f& 13479 DOC# 2005-0204414
RECORDING REQUESTED BY ) 1111111111111111111111111111111111111111111111\ 111111111111111111\ 1111
~ ) MAR 11, 2005 2:33 PM
CITY'OF POWAY ) flFFWIAL F:ECDR[I;~
I~ ) '"eN CHECiO [[IUIH', F:EC[lF:OER"-, IIFFICE
fJ WHEN RECORDED RETURN TO' ) C~REI_1UF:", .1 ':;~,..jITH CDurn'1 RE[.I]Fl[IER
) FEE'" u,uu
DC. i'!p
CITY CLERK ) F!.l,I::1Er, 8
CITY OFPOWAY ) 1111111111111111111111111111111111111111111111111111111II 111111111111111 III! I111
POBOX 789 )
POWAY, Cf1. 92074 ) 20Q5-0204414
NO DOCUMENTARY TRANSFER TAX DUE
(For Recorder's Use Only)
Tax Parcel No 314-450-31
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FORSOuNDWALL (COMMUNITY ROAD)
NO DOCUMENTARY TRANSFER TAX DUE
Luis R. Velasquez and Eva Arrovo (previously known as Eva A. Velasquez),Owners
(hereinafter "GRANTOR"), hereby grants to CITY OF POWAY (hereinafter
"GRANTEE"), its successors, o(assigns, the permanent sound wall and landscape
maintenance easement and inCidents thereto for construction of a sound wall and
landscaping upon, over and across that certain real property in the City of Poway,
County of San Diego, State of California, described as follows:
(See Parcel 'A" and 'B', attached Exhibits A and B)
The GRANTOR, hereby further grants to the City of Poway the privilege and right to
extend excavation and embankment slopes within the limits of the herein described
easement, where required fb~: the construction and maintenance of said sound wall In
addition, the GRANTOR hereby further grants to the City of Poway the privilege and
right to landscape and maintain the easement as described in Parcel 'A' . The City, will
install arid maintain landscaping as shown on landscape plans for Community Road
Improvements.
The GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that
may hereafter grow), and existing wall materials within said easement, together with the
right to use the same in such manner and at such locations as said GRANTEE may
deem proper, needful or necessary, in the construction, reconstruction, or maintenance
of said easement.
The GRANTOR. for him/herself, his/her successors and assigns, hereby waives any
claim for any and alLseverance damages to GRANTOR's remaining property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
05' d56
. .
13480
The GRANTOR hereby further gralltsito GRANTEE't~e right to temporarily enter and
construct necessary'relatedimprovements as part oftheproposed construction
. .. ,.., ". ".,' .~
process, ThisTem'poraryConstruc:tion Easement, as described in the attached Exhibit
'A' as Parcel B, shall be valid only until the construction has been accepted by the
GRANTEE, After such time, the Temporary Construction Easement shall become null
and void.
IN ~T~ESS WHEREOF, the GRANTOR has executed thi asement this 2~ day
of 'j, , 2005
\
Luis R. te/a7j e
(See attached additional oaqe for siqnatureJ
Eva A. Velasquez
(Signatures must be notarized)
M:\CIP _Development\CfP Admin\Ea~ements\Community Rd Sound Wall Easements\Community.Rd SoundWal1
easeme~t..velasquez2:doc
. . 13481
Th~ GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct flece:ssqry related improvements as part of the proposed construction
process. This Temporary Construction' Easement, as described in the attached Exhibit
'A' as Parcel B, shall be valid only until'the construction has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this 4/oSday
of ,2005
(See attached additional paQe for siqnature)
Luis R. VelaSqUe~
6/V{ /~
Eva Arroyo I
(Signatures must be notarized)
M:\CIP _Development\CIP Admin\Easements\Community Rd Sound Wall'Easements\Community Rd SoundWal1
easement Velasquez4.doc
, . .
13482
CALlFORNIA.ALL,PURPOSE .ACKNOWLEDGMENT
State o/califOrnia) . } ss,
County of -:51d 1 / G 0
ontt7){2tl!J[ ZIv):OflJ:tore me,NnUS/ffi,1/"y /tfr7?1J?1- A1AU,C--
"" L I I _ Name and Title 01 Officer ({g., Jane Doe, Notary PublIC")
personally appeared U r . V C ..:5 0! ~ L, , 1
Namll(~) ofSignllr(s)
o personally'kriown to me
~!oved to me on the basis of satisfactory
evidence ,1
.. ..- __ _ _ ... ... .... ':.0. .. _ _ to be ,'the perS~f"!(){~~h?Se. name(~~.is/a~
J' PHYLLIS SHINN J subscrrbed to the Within Instrument and
.~.1:'."-.""" Co mmi~SiO. n #:1 450304. aCknoWI.edg.edto me that he/~e/t~e:y_exe. cuted
~. /:::,; ~ NolaryPubll~- c:;al.lfomla I the .sa~~ .in his/~eYt~ au1horized
j ;. San Diego County 1 capacltY(I~;and that by hls/I'l}lf/th,el[
MyComm..ExJ?lresNov,9 2007 signature~-9nthe instrument the person(~ 2r
-- -- -- -- --, -- -- -- -- - -- -- the entity up'on behalf of which the persoh(~
acted, executed the instrument.
WITN~ ~hand~nd 0~.!S@1 5ea.l.------., ,I
I ! ;.t.Yi ~ b ~ _ 1..--(--7 VI ..J
OPTIONAL
Though the infonnation below is not required by law,"it may prove valuable to persons relying, on the document and could prevent
fraudulent removal and reattachment of this form to a'nothili document.
Description of Attached Document
,I
l1tle or Type of Document:
Document Date: Number of Pages: I
,I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Topol thumb here
o Corporate Officer ~ Title(s):
D Partner - D Limited 0 General
D Attorney,in-Fact
D Trustee
D Guardian'or Conservator
o O~~ I
. I
Signer Is'Representing:
@1999NalkmaINotaryAsSOClation.935ODeSoloAve., P.O. Box 2402. Chatsworth, CA 91313-2402. www.naU?nalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800.876-6827
. . .
13483
CA,CIi=ORNIA A,LL.PURi>OSE ACK,NOWLEDGMENT
State of California: J } ss.
I County of :S7 fi! / / E:l:> 0
I On /111ft<Cff I, '200 J ~before me{JIfyL II sJ#;A!.d AI(J7a~r&L I C,-
1
Date Name and ,Ti~e of Officer (a<9.. "Jalll.l Doe. Notary Public")
personally'appeared t: V 0 V 0 ,I
Name(s)of Signer(s)
o personally known to me
~roved to ,me on the basis of satisfactory
eVl ence
to be the person($\ whosename(~ is/~
. @ PHYlLIS SHINN subscribed to the within instrument and
'_.' Comm~"on # 1450304 acknowledged to me that ~/she/t~ exequted
~ . .~, . . Notary Public - California f the same jn ~s/her/th)>i! authorized 'J
, San Diego County - capacity(~, and that by ~her/t~p!r
My Camm; exPIre. Nav 9. 2007 signature( ,on the instrumenUhe person(\.), or ,I
the entitY upon behalf of whjch the person(K
acted, executed the instrument.
OPTIONAL
Though th~.infonnation beldw is nO,t reql1ired,by I~w, it may prove valuable to persorisr~/yiilg,onthe document, and could prevent
fraudulent removal and reattachment of this form to another aocument.
Description of Attached Document ,I
Title or Type of Document:
Document Date: Number.of Pages:
,I
Signer(s) Other Than Named Above: ,I
Capacity(ies) Claimed by Signer
Signer's'Name:
o Individual Top of thumb here
o Corporate Otlicer - Title(s):
o Partner - o Limited 0 General
o Atlorney-in,Faet I
o Trustee I
q GU,ardian.or Con~ervator
'0 Other'
Signer Is Representing:
@1999 National Notary AsSociatioo ~ 9350 De Solo Ave.. P.o. Bo~ 2402' Chatsworth. CA 91313-2402' wwW:riationalnotarY.org Prod.rio.S907 Reorder. Call TolI.Free 1 800-876-6827
. .
13484
EXHIBIT "A"
UEGAL DESCRIPTION
VESTING: LUIS R. VELASQUEZ AND EVA A, VELASQUEZ, HUSBAND AND WIFE, AS
JOINT TENANTS
APN: 314-450-31
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 3 OF PQWAY MESA UNIT NO 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFqRNIA, ACCORDING TO THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MA Y 23, 2002 AS FILE NO 2002-0439132,
DESCRIBED AS FOLLOWS,
THE EAST 2,00 FEET OF SAID ~OT 3 OF MAP NO, 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 120 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 3 OFPOJVf>.YMESA UNIT NO, 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OFCALIEQll,NjA, ACCORDING TO THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUND' RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MAY 23, 2002 AS FILE NO 2002-0439132,
DESCRIBED AS FOLLOWS,
THE EAST 10,00 FEET OF SAID LOT 3 OF MAP NO, 6961, AS MEASUI,liiD AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 2,00 FEET AS
DESCRIBED IN PARCEL A ABOVE,
CONTAINING 480 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
AITACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHiBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS.BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~2L? :[v",<:;. Zj, zco4
MICHAEL SCHtUMPBERGER, PLS 7790 DATE
EXHIBIT uB"
---- N S9"29'55. W 104,00' 2.00'
1 - - SCAlE '--20
26'
0 I 0 .
0 <(
of liT 3 0 0
>- 0 _0 Q.
10 a:::
~ <( 10
I ~ 14151 KENDRA WAY >-
w I-
<( w w w
, z
a::: on On
0 JVJAP NO" ::>
01 r'9~-J 0
0 0' 0 0 ~
Z :" :"
W 8, 0 ~
0 0
:::.::: ~ z U
-
'---- -
NS9'29'55" W 104,00'
2.00'
...... .
~
I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT ~
00
480 SQ. FT, MORE OR LESS ~
r///Ii NOTE. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
RECORO DATA,
ASSESSORS' PARCEL NO,. 314-450-31
CITY OF POWA Y
Right-Or-Way Engineering Services, Inc. VESTING, LUIS R, VELASQUEZ AND EVA A. VELASQUEZ,
Land Surveying
4167 Avenida de Is Plata Ste. 114 Oceanside, CA 92056 HUSBAND AND WIFE, AS JOINT TENANTS
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: comm.314 450 31.dwg DA TE. JUNE 1 2004 SHEET 1 OF 1
. .
1348'6
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated February 26, 2005 from Luis R. Velasquez and ,dated March 1, 2005 from Eva
Arroyo (formerly known as Eva A. Velasquez), Grantor, to the City of Poway, Grantee, a
political corporation and/or governmental agency is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Resolution No 34 adopted on January 20, 1981 and the grantee consents
to recordation thereof by its duly authorized officer
Dated. Ma rch 4, 2005 CITY OF POWAY
Seal: By'0~~
L, Diane Shea, City Clerk