Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0691354
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. ,; . DO. 2004-0691354
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<<P. RECORDING REQUESTED BY ) JUL 23, 2004 8'43 AM
UFFICIAL F:ECDRO';
~ ) ;.~N [IIEGu CDlll'Jr, RECOFi[IEFi'S OFFICE
CITY OF powA'( ) l,iF:EGDR', .1 '~MITH u:rUI'iT', F:ECuRC'ER
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY,CA 92074 )
(For Recorder,'s Use Only)
Tax Parcel No 314-463-03
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUNDWALL (COMMUNITY ROADA 7)
DOCUMENJARY T, ANSFER TAX $
Maria A. Bertaqnoli. Trustee of the Maria A. Bertaqnoli Trust Dated Mav 18, 1995
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\'vill
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 easem'ent.
The GRANTOR, for him/herself, his/her successors and assigns, hereby waives any
'claimforany,andall 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.
D7&)-4D (YI-{) 19
. . .
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
construct necessary related improvements as partof'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 VXESS WHEREOF, the GRANTOR has executed this Easement this g day
of Uj , 2004
~a~
Maria . Bertagnoli
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd"Sound Wall Easements\Community Rd SoundWal1 easement_Bertagnoli.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Date Name and Title of Officer (e.g" "Jane Doe. olary Public")
personally appeared Ma.Ria A. ger-faj()/J /,
Name( fSigner(s)
o personally known to me
%-- proved to me on the basis of satisfactory
. evidence
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. NaIaIy PIlbIIc, CaIIIomIa subscribed to the within instrument and
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. capacltY(I<*lT, and that by ~/ti'le<r
signaturetsJ on the instrument the personts], or
the entity upon behalf of which the person(sJ-
acted, executed the instrument.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by Jaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached D::Jf:l);)t ~~ ~
Title or Type of Document: 1)
Document Date: "(, f,04 Number of Pages: ~
Signer(s) Other Than Named Above: -
I Capacity(ies) Claimed by Signer
I Signer's Name: RIGHT THUMBPRINT
. . OF SIGNER
o Individual Top of thumb here
o Corporate Officer;- Title(s)
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
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~ 1999 National Notary Association . 9350 De SolO Ave PO. Box 2402. Chalsworth. CA 91313 2402. www.nallOnalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MARIA A. BERTAGNOLI, TRUSTEE OF THE MARIA A. BERTAGNOLI TRUST
DATED MAY 18,1995
APN: 314-463-03
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 72 OF POWAY MESA UNIT NO I, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDtNG TO THE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN GRANT DEED RECORDED NOVEMBER 27,2000 AS FILE NO 2000-0641740,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 72 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 72 OF POWAYMESA UNIT NO I, IN THE CtTY 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 DIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN GRANT DEED RECORDED NOVEMBER 27, 2000 AS FfLE NO 2000-0641740,
DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 72 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.
CONT AINtNG 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
A IT ACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRfPTION 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~ JU"": z 4 UK7f-
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHISIT Us"
SCALE '-.20
---- N 89'29'55" W 100.00' 2.00'
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N 89'29'55" W 100.00'
I I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
480 SQ. FT, MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
V///~ HEREON ARE COMPILED FROM
DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO.. 314-463-03
120 SQ, FT, MORE OR LESS
, Right-Or-Way Engineering Services. Inc, CITY OF POWAY
Land Surveying VESTING. MARIA A. BERTAGNOLl, TRUSTEE OF THE MARIA
4H}7 Aveni4~ de laPlala Ste. 114 . Oceanside, CA 92056 A. BERTAGNOLl TRUST DATED MAY 18, 1995
. , ,(.760) 7;J.2~1366 FAX (760) 732-1367
Dr'awin9 file nome: comm314~ 463-03.dwg DA TE. JUNE 1 2004 SHEET 1 OF 1
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CERTIFICATE OF ACCEPTANCE
This is to certify that the ihterest in real property conveyed by the deed or grant
dated June 14, 2004 from Maria A. Bertagnoli, Trustee of the Maria A. Bertagnolj Trust
Dated May 18, 1995, 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 9, 2004 CITY OF POWAY
Seal. By'
eanne Bunch, Interim CityClerk