Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0691357
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~ RECORDING REQUESTED BY ) JUL 23, 2004 8'43 AM
) OFFICI.".L RECOF,D',.
'i..N [lIEGO CDUtH\ RECOR[IEFi'S OFFICE .,
CITY OF POWAY ) GREGDR'I.I ;t.,jITH, COllrH'1 RECOR[IEF, ,
FEE'; 0,00 I'
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WHEN RECORDED RETURN TO' ) Fw.GE'-, t.
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 314-434-44
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE ,
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMONITY ROAD) 0
DOCUMENTARY TRANSFER TAX $
Lois E. Sequin, An Unmarried Woman hereinafter "GRANTOR") hereby grants to CITY
OF POWAY, (hereinafter "GRANTEE"), its successors, or 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 ,
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(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 for 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 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 sarrye il1 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 GRANTOR's remaining property contiguous
to the' easement herebY conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
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The GRANTOR hereby. fOrther grants to GRANTEE the right to temporarily enter and ,
constructnecessary related improvements as part oftheproposedconstruction !,
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process. This Temporary Construction Easement,'as described .in the attached Exhibit l
'A' as'ParceIB,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,thed3RANTOR has executed this Easement this /3 day
of r7M7 ,2004
,/ G'J~ <' (~;/~/
Lois E. Seguin
(Signatures must be notarized)
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M:\engserv\cip\EasementS\Community.-Rd Sound Wall Easements\Community Rd SoundWall easement_Seguin.doc
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cALlFORNIA,ALl!~PURPOSE.AcKNOWLEDGMENT. !
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pers ally app r:~" Lo' ':J
D 8ll'sonally known to me
. .J;?"'provedto me on the basis of satisfactory
C' .'1 ...... . .. evidence
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"';:'.IiIalaiV~.ci&.....~ to be the perso~(s) whose name(s) is/are
c" . ,,;;;," IllI!n.DI!IlJDClIIiiiIIl':i~' subscribed to the within instrument and
_,ClllIiiIl:....0lltIl;2lllI7 acknowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/herltheir
signature(s) on,theiinstrument theperson(s), or
the entifyupon. behalf of which the person(s)
.' "',' ,,' . acted, executed' the instrument.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to pe~~9.ns relying on the document and could prevent
frauduf€!nt ;~.moval B.nd reattachment of this form to ail(ither document.
Description of Attach~OCUri1e~ r:
Title or Type of D6cument: ')U.D, \~)o.SJ..9- 'Q2\o ~
Document Date:~, L 0 1 ^ _\ ~ ,?...i:JC:).-\ Number of Pages: '5
- - ()' \
Signer(s) Other Than arned Above:
Capacity(ies) Claimed bySignef
Signe(s 'Name:
.
o Individual Top of ttit.iinb here
D Corporate Officer - Title(s):
d Partner - D Limited D General
D Attorney,in,Fact
D Trustee
D Guardian or Conservator
o Other:
Signer. Is Representing:
c ,1999 NatlonaJ Notm)' Association' 9350 Dj. Solo Ave., P.O. Box 2402' Chatsworth, CA 1$1313-2402 'wwW.nationa1notal)'.org Prod. No. 5907 Reorder. Call Toll-Free 1-600-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: LOIS E. SEGUIN, AN UNMARRIED WOMAN
APN: 314-434-44
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT t780F POWAY MESA UNIT NO 3, IN THE CITY OF POWAY, COUNTY
OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7335,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1972,
AS DESCRIBED IN QUITCLAIM DEED RECORDED JULY 20, 1998 AS FILE NO t998-044762t,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 178 OF MAP NO. 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 124 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 1.78 OF POW A Y MESA UNIT NO 3, IN THE CITY OF POW A Y. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7335,
FILED IN THE OFFICE OF THE-COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1972,
AS DESCRIBED IN QUITCLAIM DEED RECORDED JULY 20, 1998 AS FILE NO 1998-0447621,
DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID-LOT 178 OF MAP NO 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 2.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 496 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WIT\-IIN 30 DA YS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED HERETO AND MADE A PART HEREOF T\-IIS 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
~A'~2# Nr?t: 216&J04
MICHAEL SCHLUMPBERGER, PLS 7790 ATE
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LINE TABLE EXHIBIT uB"
LINE LENGTI--I BEARING
L1 17.92 NOZ21'52"W
N 89'29'55" W 104.00' 2.00'
- -
8.00' SCAlE '.""20
26'
0
I- a <(
0:::: ..,: 0
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:) wi a, a 0::::
Lo-r -]713 0 0
0 N N
eJ 0 ;,-,1 <0 <0 >-
0
I a 14307 KENDRA CT I-
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<( b Z
0 w. w w
0:::: z MAP NO" 7335 , in :)
Ill'
0 0 0
a' a ~
Z ~, ~
0 0 ~
W 0 0
~ z 0
VARIES 0
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N' 89'29'55" W 103.10'
I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
496 SQ, FT. MORE OR LESS
NOTE. ALL DIMENSIONS SHOWN
V///~ DENOTES AREA OF SOUND WALL AND LANDSCAPE HEREON ARE COMPILED FROM
MAINTENANCE EASEMENT RECORD DATA.
124 SQ, FT, MORE OR LESS ASSESSORS' PARCEL NO.. 314-434-44
Right-Of-Way Engineering Services, Inc. CITY OF POWA Y
Land Surveying VESTING. LOIS E. SEGUIN, AN UNMARRIED WOMAN
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056
(760) 732-1366 FAX (760) 732-1367
Drawing file name: commJ14-434-44.dwg DA TE. JUNE 24, 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 13, 2004 from Lois E. Seguin, 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' ~