Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638470
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2004-0t,38470
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1?f RECORDING REQUESTED BY JUL 09 2004 8:24 AM
OFFII"':lp.L RECI:IF~CI~~
~ CITY OF POWAY ':,_l'.Jj [II[GO cnur'JT'1 F:ECI-IF:[IEF:'':. CiF~II.E
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WHEN RECORDED RETURN TO' DC. r.j,.:.l
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CITY CLERK 111111111111111110111111111111111111111111111111111011111111111111111111111111
CITY OF POWAY
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314c572c63
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTR,lJCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
David M. Plott and Eiko Plott; Husband and Wife hereinafter "GRANTOR") hereby
grants to CITY OF POWAY,.{hweinafter "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 lirriits of the herein described
easement, where required forthe construction and maintenance of said sound wall. In
addition, the GRANTQR herebyfurther,grant,s to th~ .c::ityofPoway the privilege and
rfghtto 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 easerrent, 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 ancj assigns, hereby waives any
claim for any and alLseverance 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 GR;A.NTOR hereby further grants to GRANTEE the right to temporarily enter and
, construct necessary related improvements as part of th~ proposed construction
process. This Temporary Construction Easement, as d~scribed in the attached Exhibit
'A' as ParceLB, 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, the GRANTOR has executed this Easement this 7~ day
of ::Ju).....f ' 2004 Q - A
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David M Plo '1
d-& "PM,{-
Eiko Plott
(Signatures mustbe notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd SoundWalJ easemenLPlott.doc
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CAliFORNIA AL:L.PURPOSE ACKNOWLEDGMENT
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On
D personallyJknown to me I
~roved to me on the basis of satisfacfory
tIfl~ evidence
NlIIc . eaiiIIlmla to be the., pers9n(s) whose narne(s) is/are
,'lIiInclln~fcOUniV .,'
."QamIft;frpRtOclll.2lI07 subscribed to the within instrument and
acknowiedged,to me that he/she/they. executed
the same in his/herltheir authorized
. capacity(ies), ,and that by his/herlfheir
J@.~~=:.I signature(s)on .theinstrument the person(s), or I
the entity upon ,behalf of which the person(s)
acted, executed the instrument.
I NoIary PIlIlIllFCaIIIomIa I
I ,MtCoil~t:s~.2007t
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OPTIONAL
Though the information below is not i~(iuireq by I~\\r' it may prove valuable to person? relyingon.the document and could prevent
fraud~/enUemoval arid reattachment of this form to another document.
Description of Attach~ment
Title or Type of Do.cument: . ,.: n~~iY\Q,(\.kJ
Document Date: ~l "2.m-t Number of pages::S
Signer(s) Other Than Named Above:
CapacitY(ies) Claimed by Signer
Signer's Name: .1
.
D Individual Top of thumb here
I D Corporate Officer - Title(s):
I D Partner- D Limited D General
D Atlomey,in-Fact
D Trustee
D Guardian or Conservator
D Other'
Signer Is Representing:
10 1999 Nalioiui.l Notary AssoCiation. 9350 De Solo Ave.. P.O. 8o~' 2402' Chatsworlh, CA 91313-2402' www.nalionalnoti.'Hy_org PrOd. No. S907 Reorder: Call Toll Fri*l1-eOO-8765827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: DAVID M. PLOTT AND EIKO PLOTT, HUSBAND AND WIFE
APN: 314-572-63
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 176 OFLAS 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 COWTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN DEED OF TRUST RECORDED APRIL 23, 2003 AS FILE NO 2003-
0466752, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 176 OF MAP NO 7567, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 600 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
TIiATPORTION OF LOT 176 OF LAS CADENAS UNIT NO 3, IN. THE CITY OF POWAY, COUNTY
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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,
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1973, AS DESCRIBED IN DEED OF TRUST RECORDED APRIL 23, 2003 AS FILE NO 2003-
0466752, DESCRIBED AS FOLLOWS.
THE EAST 22.00 FEET OF SAID LOT 176 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 30DA YS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED HERETO 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
~2~ ~t/"..t!:- 14, 1.t>t>4
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT uB"
SCALE 1-.20'
N 89'54'22" W 118.09'
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- - - - - - .12.00' .
N 89'54'22" W 96.09'
1 1 DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
720 SQ, FT. MORE OR LESS
I I DENOTES AREA OF SOUNDWALL AND LANDSCAPE NOTE. All OIMENSIONS SHOWN HEREON
MAINTENANCE EASEMENT ARE COMPilED FROM RECORO DATA.
600 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.. 314-572-63
Right-Or-Way Engineering Services, Inc, CITY OF POWA Y
Land Surveying VESTING: DAVID M. PLOTT AND EIKO PLOTT, HUSBAND
4167 Avenida de la Plata. Ste. 114 Oceanside. CA 92056 AND WI FE
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: comm314-572-63.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 7, 2004 from David M. Plott and Eiko Plott, Grantors, 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 8,2004 CITY OF POWAY
Seal. By'
~ nne Bunch, Interim City Clerk
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