Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0691356
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2004-0691356
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RECORDING REQUESTED BY ) JUL 23, 2004 8"43 AM
~ ) OFFICl.oL F:Ecom,',
CITY OF POW A Y ) ',.".11 [qEGO COUI.IT( RECOR[,ER'S OFFICE
~ CiREGOF,'., .1 ':,MITH, cOur.n'l RECOR[IEF;
) FEE:. O.OD
WHEN RECORDED RETURN TO' ) oe. r'J,.:.:.
P:.:..GE':. 5
) 1111111111111111111111111111111111111111111111111111111111111111111 11111 1111 III[
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-450-29
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD) , n
DOCUMENT ARY TRANSfER TAX $
Janis L. LeClair, A Widowed Woman, As Her Sole and Separate Property hereinafter
"GRANTOR") hereby grants to CITY OF POWA Y, (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.
(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 same in sl:Jch 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 further grants to GRANTEE the right to temporarily enter and
construct:necessaryrelate,d'improvements as part of the proposed construction
process. This Temporary Consttuction Easement, .as described in the attached Exhibit
"A' as Parcel B, shallbe valid onlY until the constructron has been accepted by the
GRANTEE. After such time.'the Temporary Construction Easement shall become null
and void
ITNES WHEREOF, the GRANTOR has executed this Easement this ----!f.-- day
0 ,2004 \ I
natures must be notarized)
M:\engserv\cip\Easeme~ts\Community Rd Sound Wall Easements\Community,Rd SoundWaU easement_Leclair.doc
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CALIFORNIA A[l.PU~~()SEA.9K:NOWLEDGME,tfl'
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State of California , }
So. ss.
County of C'\ .C'> l"'e 0
On ::Juhj q,.::l/Y)~ before me " \:) ..~O , , lie.
Date Name aOd Title of Officer le.g.; "Jane Doe, Notary PubliC")
personally appeared 3O..C\,\.<;' L. L~c.lair
. ~ame(s)ofSigner(s)
o personally known to me
~ _ . _. ,- "- - tt, I -, - < - 1" - ~ , )3.pr~ved to me on the basis of satisfactory
. _ D;'WOIlllEU. evidence
." , cOiniiiIlikin " 1421698
- .' 1tGIary."**'.'Ci:iilOmIo i to be the personj1l whosenarne(lf ~e
j ~ ;~~7~~~~~2Ifli' :~~~~:~eeddge~Oto~: f;:;h~f~~tt~;::~cu~~~
.,.... - , the same In ms@ftli'eif- authorrzed
capacity(i,,*- and that by AieI~Reir
signature(or,on,\he instrument the,person(or, Of
the entity' upon.'behalf of which the person~
acted, execi.Jt~dthe instrument.
WITNESS my hand and official seal.
I VI~ ~JJtX'JQ
Signature of Notary Public
OPTIONAL
Though the information below is riot ~equiredby law, itmay prove valuable to persons,relying on the document and could prevent
frauiJulen.t refTioval and reattachment of this form to another document.
Description of AUached.Document
'"""'_''"oo,~~~ ~1
Document Date: ., . . __ Number of Pages:
Signer(s) Other Than Narned Above:.
Capacity(ies)'Claimed by. Signer
Signer's Name:
o Individual Topol thumb here
o Corporate Officer - Title(s),
o Partner - 0 Limited 0 General
o Altorney,in,Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
C , 999 National Notary AssOCiation' 9350 De Soto AVe_. P.O Box 2402' Chatsworlh. CA91313 2402' www.nationalilOtary.oi.gProd.NO. 5907 Reorder: Call Toll-Free '-600-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: JANIS L. LECLAIR, A WIDOWED WOMAN, AS HER SOLE AND SEPARATE
PROPERTY
APN: 314-450-29
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 5 OF POWAYMESA UNIT NO t, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO'THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN'DlEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MAY 18,2000 AS FILE NO 2000-0259398,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 5 OF MAP NO. 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 160 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 5 OF POWAYMESA UNIT NO 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAl'f DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MAY 18, 2000 AS FILE NO 2000-0259398,
DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 5 OF MAP NO 6961, AS MEASURED 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 DA YS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
A IT ACHED 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~ ;r.,,/y IZ, zoo.,.
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT uB" ~
2.00'
---- N 89"29'55" W 104.00'
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26'
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C 5' SEWER EASEMENT TO THE CITY OF POWAY 0 0 0
z RECOROED FEBRUARY 26, 1971 AS z, z ()
FILE/PAGE NO. 37133 OR
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- - 8.00'
N 89"29'55" W 104.00'
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DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
480 SQ. FT. MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
V///"l HEREON ARE COMPILED FROM
DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO.. 314-450-29
160 SQ" FT. MORE OR LESS
CITY OF POWAY
Right-DC-Way Engineering Services, Inc.
Land Surveying VESTING. JANIS L. LECLAIR, A WlOOWEO WOMAN, AS HER
4167 Avenida de la Plata Ste. 114 . Oceanside, CA 92056 SOLE ANO SEPARATE PROPERTY
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: comm314-450-29.dwg DATE. 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 9, 2004 from Janis L. LeClair, 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 OityCouncil 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' ~
ahne Bunch, Interim City Clerk