Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0691355
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. 2004-0691355
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RECORDING REQUESTED BY ) JUL 23. 2004 8'43 AM
) DFFICI.LI.L F:ECOR[IS
CITY OF POvVAY ) ';;,:,,!'J [IIEGO CDurH'1 REUIR[IER'S OFFICE
GREC~I]R'I .1 SMITH COUI.jT'l F:ECOR[IER
I~ ) FEES 0,00
WHEN RECORDED RETURN TO' ) OC. au
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-532-29
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD~ 0
DOCUMENTARY TRAN FER TAX $
Patrick Santiaqo and Sarah C. Santiaqo. Husband and Wife, As Joint Tenants
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.
(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 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 further grants to GRANTEE the right to temporarily enter and
const~l!ct necessary related improvements as part of the pr()posed 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
EREOF, the GRANTOR has executed this Easement this C( -Ih....day
,2004 f2Av(l 5~
Patrick Santiago
Jo ^ · h~l, .20 "'Faa
Sarah C Santiago r
(Signatures mustbe notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd SoundWal1 easement_Santiago.doc
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CALIFORNIA AU..PURPOSE ACKNOWLEDGMENT
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: State of California I
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personally appeared . (;
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SIlEIUYCOUJNS . evidence
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~ .\ Ian Dbgo Collnlv:;;; 'I: subscribed to the within instrument and
MvCclnlln:eiplliils0cl21 ; acknowledged to me that AEl1S: he xecuted
the same in . thei authorized_
capacity~ and that by hid'~
signatun(@}:pn.the instrument the perso '.
the entity upon behalf of which the perso 1>;
acted, executed the instrument.
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OPTIONAL
Though the information below !s not required by law, it may prove valuabl~ to persons relying on the document
and could prevent fraudulent removal and reattachment of'this form to another document.
1 Description of Attache~JV1.'1 fa'lm 0 X\;-L
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Title or Type of Dqcurnent: ". 5
Document Date" II Number of Pages:
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1 Signer(s) Other
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top 01 thumb here
o Corporate Officer c- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Facf
o Trustee
o Guardian or Conservator
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Signer Is Representing:
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@ 1999 National Notary A,sociahori . 9:350 De Soto Ave., P,O, Box 2402 . Chatsworth. CA 91313-2402. vvww.nationalnotaryorg Prod,No.5907 Reorder: Call Toli.Free 1 HOO 876 fi827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: PATRICK SANTIAGO AND SARAH C. SANTIAGO, HUSBAND AND WIFE, AS
JOINT TENANTS
APN: 314-532-29
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 10 OF LAS CADENAS UNIT NO I, IN THE CITY OF POWA 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 IN DEED OF TRUST RECORDED APRIL 18,2003 AS FILE NO 2003-
0447809. DESCRIBED AS FOLLOWS.
THE EAST 14.00 FEET OF SAID LOT 10 OF MAP NO. 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 1355 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT t00F ],.AS CADENAS UNIT NO 1, IN THE CITY OF PO WAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, AUGUST 30,
1972, AS'DESCRIBED IN DEED OF TRUST RECORDED APRIL 18,2003 AS FILE NO 2003-
0447809, DESCRIBED AS FOLLOWS.
THE EAST 27.00 FEET OF SAID LOTIO OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 14.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 1185 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
ATTACHED 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
44,2/4 Jf/"'~ 23, Coo?
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
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LINE TABLE EXHIBIT uB" .,
LINE LEN G TH BEARING '.
L1 8.01 NOO'19'13"W
CURVE TABLE
CURVE DELTA LENGTH RADIUS
C1 44'38'57" 37.41' 48.00
C2 22'06'32' 7.72' 20.00
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I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
1185 SQ. FT. MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
V///j DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DA T A.
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO.. 314-532-29
1355 SQ. FT. ACRES MORE OR LESS
CITY OF POWA Y
Right-Or-Way Engineering Services. Inc,
Land Surveying VESTING. PATRICK SANTIAGO ANO SARAH C. SANTIAGO,
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056 HUSBAND AND WIFE, AS JOINT TENANTS
(760) 732-1366 FAX (760) 732-1367
Drawing file name: comrnJ14-532- 29.dwg DATE. 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 9, 2004 from Patrick Santiago and Sarah C Santiago, 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'
eanne Bunch, Interim City Clerk