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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638469 . . --- - , , - -- - .. DOC "II 2004-0638469 ., 1111\111111111111 1111111\111111111111111111111111111111\11111111111111 ~ . RECORDING REQUESTED BY ) JUL 09. 2004 8:24 AM ~f CITY OF POWAY ) OFFICI.':':'.L FiECIJF:[I':, ) ':,,~Jl [lIECiO r'CiUNT'1 RECIJF:[IER"; OFFICE C1HEGOFi'l ,I ':oh111 H I=OUI'JTI FiEDJFi[iEF, '~ WHEN RECORDED RETURN TO' ) FEE'" (I nu ) CII~ r.\.t:. ) PLlCiE'_ E CITY CLERK ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 CITY OF POWAY ) POBOX 789 ) POWAY, CA 92074 ) (For Recorder's Use Only) Tax Parcel No 314-533-04 GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SOUND WALL (COMMUNITY ROAD) Ronald M. Savoie and Kristen L. Savoie. 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 al'ld maintain lanascaping'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. bLl-{Y10 ; . . .' , The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and constrLJct necessary related im~provements as part of the proposed construction process. This Temporary <;6,ns.truction Easement, a,s 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this J day of .:1,.,1.... ,2004 , j2J 11t( 5-' Ronald M (Signatures must be notarized) M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd.SoundWall easement_Savoie.doc , . . ,. CALIFORNIA ALL-PURPOSE ~cKN.OWLEDGM.ENT - State of Calif County of On before me; I. \1H' , . Let l~tI.A II e , i ~SOnilIIY known to me . -1IlEUIY COWHS .. ' , proved to me on the basis of satisfactory .C-.;.!1~~,.14463!3 i . evidence -NallIIy NIlIIl-,C 111 Ila . . -iiIn DIIgo~ to be the 'p,erson(s) whose name(s) is/are 'Mv~ 1llpIleI0cl21.lIClO7 subscribed: to the within instrument and acknowledged to me that he/she/they executed I the same in' his/her/their authorized capacity(ies), and that by his/her/their signature(s) oil.lhe instrument the person(s), or the entity upon behalf of which the person(s) acted, ex~cuted the instrument. I s lure 01 ota " " " ; OPTIONAL Though the information below is not,recjlJ!~€u:!,bY;!8W,it may prove valuable to persons,relying on the document and could prevent fiaudule'!f (eniava/and reattachment of this form to another document. Description of Attach~ TItle or Type of Document. .' <r.:{.- ~ 9.e.~V\.J* 5 Document Date.:au ,U-j' \ \1Q1:J\d Number.of Pages: .1 Slgner(s) Other Tha amed Above ~ I Pt I C_apaCity(ies) Claimed by Signer Signer's Name; [J Individual Top of thumb here D Corporate'Officer - Title(s): D Parlner - D Limited D General D. Attorney'in,Fact D Trustee D Guardian or Conservator D Other' Signer Is Representing: e 1999 Nalionai Notary Association' 9350 De Solo Ave.. P.O. Box 2402' Chalsworth, CA 91313 2402' www.naUonalnotary,org Prod. No. 5907 Reorder: Call TolI.Free 1.BooB766827 . . , EXHIBIT "A" LEGAL DESCRIPTION VESTING: RONALD M. SA VOlE AND KRISTEN L. SA VOlE, HUSBAND AND WIFE, AS JOINT TENANTS APN' 314,533-04 PARCEL" PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF LOT 62 OF LAS CADENAS UNIT NO. I, IN THE CITY OF POW A 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 NOVEMBER 25, 2002 AS FILE NO 2002- 1060695, DESCRIBED AS FOLLOWS. THE EAST t6.00 FEET OF SAID LOT 62 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE THEREOF CONTAINING 960 SQUARE FEET MORE OR LESS PARCEL B TEMPORARY CONSTRUCTION EASEMENT TIIATPORTION OF LOT62 OF LAS CADENAS UNIT NO I,INTHE CITY OF POWAY, 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 NOVEMBER 25,2002 AS FILE NO 2002- 1060695, DESCRIBED AS FOLLOWS. THE EAST 29.00 FEET OF SAID LOT 62 OF MAP NO. 7415, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 16.00 FEET AS DESCRIBED IN PARCEL A ABOVE. CONTAINING 780 SQUARE FEET MORE OR LESS SAID TEl\fPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DA 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~ :J(/"e I~ 24:71 MICHAEL SCHLUMPBERGER, PLS 7790 DATE CURVE TABLE EXHISIT US" CURVE DELT A LENGTH RADIUS C1 2613'33" 9:15' 20.00 C2 16'45'04" 14.03' 48.00 ~- N 88'53'33" W 112.77' SCAlE 1"-20' I - - 26' 13.00' ' l- I ~ :::> ,..: 0 0 I'" liT NO" r'? <( () w ~O o~ N. 0 I}.. 0 r" a ~ <( CD 13921 OLIVE MESA CT CD C/l p >- W 0 I- ~ ~ z MAP NO. 7/1-]>:' -j 0 w Z W N :::> on ~ > in .....J P ~ 0 0 0 0 z () I ~ - - 13.00' N 88'53'33" W 10748' 1 I [////1 NOTE. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. ASSESSORS' PARCEL NO.. 314-533-04 Right-Or-Way Engineering Services, Inc, CITY OF POWAY Land Surveying VESTING. RONALD M. SAVOIE AND KRISTEN l. SAVOIE, 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 nome: 314-533-04.dwq DA TE. JUNE 1, 2004 SHEET 1 OF 1 ., .. . . . CERTIFICATE OF ACCEPTANCE This is to certify that .the interest in real property conveyed by the deed or grant dated: July 1, 2004 from Ronald M. Savoie and Kristen L. Savoie, 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 thereofby its duly authorized officer Dated July 8,2004 CITY OF POWAY Seal: By. 9~~ ~nne Bunch, Interim City Clerk