Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638468
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2004-0638468
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~ RECORDING REQUESTED BY ) .JUL 09. 2004 8:24 AM
) OFFICI,".L RECOR[,',
';;It CITY OF POWAY ) ':..::.,t-J CtlEI1rl CourH'1 FiECOFi[IER'S OFFICE
) CiF:EClOR'1 ,I '-:MI rH CDUr-JlI F:ECOFi[IEF:
(Cfff FEE', I) 00
WHEN RECORDED RETURN TO' ) OC. 1'1."
) F'::',tiE'::, E.
CITY CLERK ) ! 11111111111 11111 1111111111 11111 11111 11111 11111 11111 11111 11111 111111111111111111
CITY OF POWAY )
POBOX 789 )
POWAY, 'CA 92074 )
(For Recorder's Use Only)
Tax Parcel No. 314-434-45
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
,
Myron Slutsky and Elizabeth E. Slutsky, Trustees of the Slutsky Family 1997 Trust
Aqreement, Dated Auqust 7, 1997 hereinafter "GRANTOR") hereby grants to CITY OF
POW A Y, (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 upbr:, 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 E~hibits A and B)
The GRANTOR, hereby further grants to the City of Poway the privilege and right to
extend excavation and embarikment 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
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install and maintail1landscaping 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
construct necessary related improvements as part of 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this 7' day
of J ~L- '( ,2004 ~~-
Myro Slutsky ~ '
- - ,. dFJi, Z )1.,1; ~
Eli eth E. Slutsky
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd Sound Waif Easements\Community Rd SoundWall easement_Slutsky Family Trust.doc
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cALlI;ORNJAALL-IJURPOSE ACKNOWLEDGMENT
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County of
On
personally app.eared
~SOnally.known tome
proved to me on fhe basis of satisfactory
, , 811iU1VCCWNS . evidence
. ComtiiIMIo.."I444s&s
NDIarV,PIdIIIC;" CoIII'omla I to be the person(s) whose name(s) is/are
'8anlllllgo ~ ,- subscribed .10 th-e within ihstn.infent and
- 'MvQlrnm;""oCt21.2IXl7 acknowledged to me;that 'he/she/they executed
the same .in his/her/their authorized .1
capacity(ies); and that by his/her/their
,~~ .. '- signafure(s).on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed 'the instrument.
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OPTIONAL
Though the infonnation below is f"!ol requ!r~d by, la W, ,it may prove-valuable to personf_refying on the document and could prevent
fr?udulent removal and'reattachment or this form to anqther document.
Description of Attach
Document-Date: Number of Pages; 5
Signer(s) Other Than Named Above; ,
I
CaP<lcily(ies)-Cla,imed by Signer I
Signer's Name:
o Individual Top of thumb here
o Corporate Officer - Title(s);
o Partner - 0 Limited 0 General I
o Attorney,in,Fact 1
I o Trustee
o Guardian or Conservator
o Other; 1
Signer'ls Representing;
<<:11999 NatiOnal N6taiy ASsOOation. 9350 De Soto Ave., P,O. Box 2402' Chalsworth, CA 91313.2402' www_na.tionalnotary_ofg Prod. No, 5907 Reorder:CaIlTolI.Frool'8OQ.fl.76-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MYRON SLUTSKY AND ELIZABETH E. SLUTSKY, TRUSTEES OF THE
SLUTSKY FAMILY 1997 TRUST AGREEMENT, DATED AUGUST 7,1997
APN 314-434-45
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 1770F POW A Y MESA UNIT NO 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7335,
FILED IN THE OFFICE OF THE.COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1972,
AS DESCRIBED IN QUITCLAIM DEED RECORDED AUGUST 20,1997 AS FILE NO 1997-0402842,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 177 OF MAP NO 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 124 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 177 OF POW A Y MESA UNIT NO 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DIE MAP THEREOF NO 7335,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1972,
AS DESCRIBED IN QUITCLAIM DEED RECORDED AUGUST 20, 1997 AS FILE NO 1997-0402842,
DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 177 OF MAP NO 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM DIE EAST 2.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 496 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTtON 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
4;;;;Y7// X./Y'JI"" 21 za:;; <I
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT US"
SCALE '--20
rr= N 89'29'55" W 103.10'
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N 89'29'55" W 100.00' 2.00'
11 DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT NOTE. ALL DIMENSIONS SHOWN
496 SQ. FT. MORE OR LESS HEREON ARE COMPILED FROM
V//~ RECORD DATA.
DENOTES AREA OF SOUNDWALL AND LANDSCAPE
MAINTENANCE EASEMENT ASSESSORS' PARCEL NO.. 314-434-45
124 SQ. FT. MORE OR LESS
CITY OF POWA Y
Right-Or-Way Engineering Services, Inc. VESTING. MYRON SLUTSKY AND ELIZABETH E. SLUTSKY,
Land Surveying TRUSTEES OF THE SLUTSKY FAMILY 1977 TRUST
. 4167 Avenida de Ie. Plata Ste. 114 -. Oceanside. CA 92056 AGREEMENT, DARED AUGUST 7, 1997
(760) 732-1366 FAX (760) 732-t367 DA TE. JUNE 1 2004 SHEET 1 OF 1
pro.~_09 file n?me: comm314-434-45.dwg
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CERTIFICATE OF ACCEP'fANCE
This is to certify that the interest in real property, conveyed by the deed or grant
dated July 7, 2004 from Myron Slutsky and Elizabeth E. Slutsky, Grantors, to the City
of Poway, Grantee, a political corporation and/or governmental agency is hereby
accepted by the ul'ldersigned officer or agent on behalf of the City Council pursuant to
authority conferred by Resolution No. 34 adopted on J~nuary 20, 1981 and the grantee
consents to recordation thereofby its duly authorized officer
Dated JUly 8,2004 CITY OF POWAY
Seal: By'