Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638471
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rn.. DOC# ~OO4-06:38471
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~ RECORDING REQUESTED BY JUL 09, 2004 824 AM
UFFIClpL FIEcnR[IS
ta€ CITY OF POWAY ';,c.:.r.J [liEGU CDUt'H'1 F:ECClRCIEF:":, [IFFICE
~ j~iF:E["iDFl'l .1 ~;~,..jITH LlIUI'Jr, F:ECClFmEF:
FEE- 0,00
~ ~ WHEN RECORDED RETURN TO' ill_ N."
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CITY CLERK 1IIIiil 1IIIilllll 111111111111111 111111111111111 11111111 III1111111111111111111111
CITY OF POWAY
POBOX 789 J
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-572-65
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Jim L. Pike, As Trustee of the Jim L. Pike TrustDated September 2, 1999 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
rightto 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 rightto temporarily enter and
construct necessary related improvements as part of the proposed construction
process. This Temporary Construction Easement, Cls.d~scribed in the attached Exhibit
'A' as Parcel B, shall be v,alidonly until the coristniction has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ day
of -- ,2004
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I L--OQ
Tim~
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd SoundWall easement_Pike.doc
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CALlFORNIA,AlL,PURPOSE~ACKNOWLEDGMENT
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State of california. }
Sl ~ ss.
County ot (l i ~ 7)
on3ul'f ("'6>rv't beforemeS'Nlrne. D \tJorrl!llt~Ohu~~bl'..c.
Date ("\. .Name and Title 01 OffIcer (e g ",'ane 00, Notary PublIC")
I personally appeared .:nm L. 't" I ~€.. . ,
Name(s)ofSigner(s)
I pt' ..... .....-;.' - '- - J 0 personally known to me
~ '. D.. ". WOIlIlEU. . . rI( proved fo...m e.....on the b. asis Of. S at.iSfac tOry.
~. . ==~~=' evidence
- , . ,. '.lIj,~ cOunty. to be the p'''son~ whose namejli) &i)l.,re
~_.~'':'' "~.~~~~~~ subscr!be~: >to the' wi~.hin instru.ment and
. '. acknowledged to me thali9Jsl;eAAey executed
the same in l:@lhefAAeif authorized
capacity~, and that by ltWh~
signature(e}-onthe instrumenUhe person(s). or
the entity upon. behaif of which the perso~
acted, executed the instrument.
WITNESS my hand.and official seal.
~.vW .~
Signatllreot Notary Public I
OPTIONAL
Though the information belowisnot,requlred by law,- it mi:!Y prove valuable, to persons relying on,the,document and could preve'1t
fraudulent removal and reattachment of this form to anottier,dOpulT!ent.
Description of Attached Document
TitleOrTypeofDocument:Q;PIl>Alt-$ ()u.1I"nO~+~ ~
Document Date: "1. ~ -oJ Number of Pages: 1
Signer(s) Other Than Named Abbve: J}fJn Q
Capacity(ies).Claimed'llY Signer I
Signer'siName: )
o Individual To-p ot thu-rilb here
o Corporate'0fficer - Title(s):
o Partner - 0 Limited 0 General
o .Atlorney,in'Faci
lOT ruslee
o Guardian-or Conservator
o Other:
Signer Is Representing:
C 1999 National Notary Association' 9350 De Soto Ave., P.O. Bo~ 2402' Chatsworth, CA 91313-2402 . www.nationalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: JIM L. PIKE, AS TRUSTEE OF THE JIM L. PIKE TRUST DATED SEPTEMBER 2,
1999
APN' 314,572-65
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 178 OF LAS CADENAS UNIT NO 3, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN SHORT FORM DEED OF TRUST RECORDED JUNE t3, 2002 AS FILE
NO 2002-0500771, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 178 OF MAP NO. 7567, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 600 SQUARE FEETMORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 178 OF LAS CADENAS UNIT NO 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN SHORT FORM DEED OF TRUST RECORDED JUNE 13,2002 AS FILE
NO 2002-0500771, DESCRIBED AS FOLLOWS.
THE EAST 22.00 FEET OF SAID LOT 178 OF MAP NO 7567, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 10.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 720 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
ATIACHEDHERETO AND MADE A PART 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
~.Z -P/ Jt/'-'b /1.' ""'I
MICHAEL SCHLUMPBERGER, PLS 7790 DAT
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EXHIBIT uB"
SCALE 1-.20'
N 89'54'22" W 118.08'
- - - - - -
12.00'
W
()
<( I 0
....J '0 '0 '0
a.. 01 LOT NO" -j7B 0 0 <(
0 0 0 0
<0 <0 <0
W cr
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~~ 13823 OUVE GROVE PL >-
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<Xl MAP NO" 7567 N N Z
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81 0 0
....J 0 0 ~
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26'
- - - - - - 12.00'
N 89'54'22" W 96.08'
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V///~ NOTE. ALL DIMENSIONS SHOWN HEREON
ARE COMPILED FROM RECORD DATA
ASSESSORS' PARCEL NO.. .314-572-65
- CITY OF POWAY
Right-Or-Way Engineering Services, Inc.
0" Land Surveying VESTING: JIM L. PIKE AS TRUSTEE OF THE JIM L. 'PIKE
~~t?7 Avenida de 1a Plala Ste. 114 . Oceanside, CA 92056 TRUST, DATED SEPTEMBER 2. 1999
(760) 732-1366 FAX (760) 732-131>7
Drowingfile nome: comm314-572-65.dwg DA TE. JUNE 1 i 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 6, 2004 from Jim L. Pike, 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 ofthe City Council pursuant to authority conferred by Resolution No.
34 adopted on January 20, 1981ahdthe grantee consents to recordation thereof by its
duly authorized officer
Dated July 8, 2004 CITY OF POWAY
Seal: By'