Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0691358
,
,,' - ,~., . 1 DOca 2004-0691358 '
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~ RECORDINGHEQUESTED,BY ) JUL 23[JF~21~~RECOR~;43 AM
, , ) ':"o:.JJ (.I1EGJJ COUt'JTI RECUR[IEFI"; OFF"~E
CITY OF POWAY ) f:E~~CiR".1 "d',I:~,~ LCiIlIH, REWF:['ER
~ W:~: :EL::DED RnURN TO I IWII;;~UIIIIII~;.lnlUIIII.IUlIUI'111I
CITY OF POWA Y )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-532c33
GRANT OF PERMANENTSOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD) [)
DOCUMENTARY TRANSFER TAX $, '
Billv Michael Kinqand Rosalinda Kinq, Husband andWife.,AsJoint Tenants hereinafter
"GRANTOR") hereby grants'toCITY OF POWA Y, (hereinafter "GRANTEE"), its
successors, or assigns, the permanent sound wall and lan'ascape 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 Po way the privilege and righUo
extend excavatior:l and embankment slopes within the limits of the herein described
easement, where required for the construction and maintenance of said sound wall. In
additipn, the GRANTOR hereby further grants to the City of Poway the privilege and
.right'to landscape and. maintain,theeasement as described in Parcel 'A' The City will
install and 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 all severance'damages to GRANT0R'sremaining property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
q 7tD -1D
04 - 10 7
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. The GRANTOR bereby further grants to GRANJEEthe right to temporarily enter and
construct necessary related improvements as part oftheproposed ,construction
process.T:t1is Te,nJPorary <:;onstruction Easement, as described in the attached Exhibit
"A' as PaTc;t:! B, shall be valid only until the constwetion.'has been accepted by the
GRANTEE. After such tiine, the. Temporary Construction Easement'shall become null
and void
INWITNESS WHEREOF, the GRANTOR has executed this Easement this JS1#day
of ~:ru t'I ' 2004
fSJ1/YJUJ(:.
Billy Michpel Kihg , \
:3~'A~U~ .
Ros IMaKihg .)
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd:SoundWall Easements\Community Rd SoundWal1 easement_King.doc
. . .
cALlFORNIAALL,PURPOSE,~Ac!<"'OWLEDGMENT
~
State of California } ss
County of ~I~{)
On .::ru \'1 181 ~'t before me, ,\.ic:.
Date Nam(l~lle of Otlk:er(e.Il., "Jane DOe, Notary Publtc")
personailyappeared ~ (l\ichd.l!:l ~ I'lna.. . sa..hnclOL Ka'I\ ~ i
Name(s\01 Signer(s\
1- - -- - ~............... '~ ... - o personaily-known.to me
_@ o::.~ .1 iB.,proved to me, on the basis of satisfactory
evidence
i' -:~=~~~l .i
[. to be the person@ whose ,name@' is/(fjY
j- -'.,~~:.~~~~ subscribed' to the within instrument and
acknowledged to me tbat heioIle/~ executed
the same" in . ~r/~ authorized
capacity~, arid that by hielller/lliBi?
signatur~6ri.tl1e.instrument the person(~ or I
the enfit)" upon behalf of which the person(~
acted, executed the instrument. I
.1
.1
OPTIONAL I
I Though the information below is not,reqLiired by law, it may prove v8/uable to persons relying, on the document and could prevent .1
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docurnent:~.A':I- ~ /1,.Ild~. ~d tUa.U
DocumentDate: rcY1JJ f 1<51 c9tD'-I Number of Pages: 1
Signer(s) Other Than Named Above: I
, -
Capacity(ies) Claimed bySigrier
Signer's Name: I
o Individual TOp of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney'in,Fact
o Truslee
o Guardiarl'or Conservator
o Other:.
Signer Is Representing:
iCJ 1999 National Notary Associalion' 9350 De Solo Ave., P,O. 601( 2402' Chalsworth CA 91313-2402' MNW,nationalnotary.org Prod. No. 5907 Reordel: Call Toll-Free 1-800.S76-6827
" . .
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING. BILLY MICHAEL KING AND ROSALINDA KING, HUSBAND AND WIFE, AS
JOINT TENANTS
APN' 314-532-33
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 6 OF LAS.CADENAS UNIT NO t, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TifE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED SEPTEMBER 27, 2002 AS FILE NO. 2002,
0834876, DESCRIBED AS FOLLOWS.
THE EAST 11.00 FEET OF SAID LOT 6 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 660 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 6 OF LASCADENAS UNIT NO.1, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED INDEED OF TRUST RECORDED SEPTEMBER 27, 2002 AS FILE NO 2002-
0834876, DESCRIBED AS FOLLOWS.
THE EAST 24.00 FEET OF SAID LOT 6 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 11.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 780 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMtNA TE WITHIN 30 DA YS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
A ITACHED 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
~~..2~ JUJ,.1~ z3, <:00#
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHISIT Us"
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II DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT
780 SQ. FT, MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
r// / ~ HEREON ARE COMPILED FROM
DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO.. 314-532-33
660 SQ. FT. ACRES MORE OR LESS
Right-Or-Way Engineering Services, Inc, CITY OF POWA Y
Land Surveying
4167 Avenida de 1a Plata Ste. 114 Oceanside. CA 92056 VESTING. BILLY MICHAEL KING ANO ROSALINDA KING.
(760) 732~1366 FAX (760) 732-1367 HUSBAND AND WIFE, AS JOIN T TEN AN TS
Drawing file nome: comm314-532-33.dwg
DA TE. JUNE 1 2004 SHEET 1 OF 1
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: July 15, 2004 from Silly Michael King and Rosalinda King, 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 July 16, 2004 CITY OF POWAY
Seal: By'
J anneBunch, Interim City Clerk