Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638467
- . - - -
." , , .
,
D(~' ~. 2004-0638467
..JL.
_ -;-, " 111111111111111111111111111111111111111111111111111111111111111111111I
~ RECORDING REQUESTED BY' ) JUL 09, 2004 8:24 AM
OFFIClp,L RECOR[J~,
) :.o.c.Ji [IIU;CI COur'JT', F:ECOR[JEF:',:, OFFICE
CITY OF POWAY ) l:;j~EC1UF:'1 ,I ~,r,j!TH COur'JT'r F!ECCiF:[IEF:
IU', 1j,IJU
) C1C_ I'Jp
ii: WHEN RECORDED RETURN TO' ) P.:lFiE'; f.
(\W ) 1111111 11111 IIIIi 1111111111 11111 111111111111111111111111111 111111111111111111111
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-463-04
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Thomas B. Blair II and Laura A. Blair, As Trustees of the Declaration of Trust of Laura
A. and Thomas B. Blair II, mAny Successor Trustee, Under A Declaration of Trust
Dated November 17, 1999 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 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 mait)tenance 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 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.
all ~oCJ6
" . .
..
The GRANTOR, for him/herself, his/her successors:and as.signs, hereby waives any
c1aimfor any and all severance damages to GRANTOR's remaining propertycbntiguous
to the easement hereby conveyed. by reason of the location, construction, landscaping
or,maintenance of said easem'ent.
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 bevalid only until the construction has been accepted by the
GRANTEE. After such time, the Temporary Constrl:Jction Easement shall become null
and void
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this ~ 1'1<
day
of ...../Ul.'I ;2004 d~
. ,'i?JK
t'.. -' --
Thomas B Blair II
L6<$e~
Laura A. Blair
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd SOlindWall easement_Blair.doc
, . .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~- --. ~,&;z0ft...cC,c('~-C<'vC<':CC,,(5C8AX',cc,i5C''c('>-C<'.iX.c<:--C<'.c<'A:X'.c<:'.c<'~~~~~~-G2d'.cc.cc,c.c.<5C.c<'.iX: Y."
I
State of California }
County of ,5:).\1 D i e80 ss.
I
I On .:su l~ ~ .C)0CJl.( ,before me,8he~'t'_ D ,\NOM!!LI tJDt-ar~ 8dlli...;:.
Date Name and Title of Officer (e,g.. 'Jane~oe, Notary Publi 'j
personally appeared ~'=> eo. &\air JL Mc:i LaW-a.. A.8lalr
Name(s) ofSigner{s)
1_ ..:. -..'....... - - - - - - - [] personally known to me
._.. SHERIllf O. WORREll F ~proved to me on the basis of satisfactory
_ '.. .' .... Commission # 1421698 eVidence
~. 1~:~~.~..2t 0;) Notary P~bIlC - Callfomlo ~
j '" Son Ole90 County t to be the person~ whose nam~ is/;@
My Comm. Expires Jun 30, 2007 b' b d t h . h' t d
_,_ _ _ _ ;_ _._,_ _ "_ _ h su scn e 0 t e Wlt~1n Instrumen an
., acknowledged.to me that executed
the same in hi!lfnef! . authorized
capacity(@, and that by IJi5#lerl~
signatur~ on the instrument the personts!, or
the entity upon behalf of which the person~
acted, executed the instrument.
w~n~
Place Notary Seal Abo~e Signature of Notary Public
OPTIONAL
Though the information below is not required by law. 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 Attachec). Document
Title or Type of Docurnent:~-t 8-1J ferlY'laNla-d- ~ LD~ 0 - ~Omrnu.l"l" ~ .
Document Date: "7. to . 04 Number of Pages: _t.[
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
: 0 Individual TOP:I thum" 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:
~:<.; x.:<,."G(,.'C(,;.'C<;.'c(.,'C<.,'C<,..'<..::<.;.'C(,,'C(,,~'9<.,.'C(,,'C<,;."G<';;'C<;.'Q<....'<..;.(,;,.'Q(;..~'<..:.<;..'G<;.'C(.;.'G(;.~'<.;(;.'C(,,~x;.(;,~ . ~J
@1999 National Notary Assoc~hon . 9350 De SOlo AV9.,'P.O Box 2402.. Chatsworth, CA 91313-2402' www.rla~onalnolary.orgProd.No. 5907 Reorder: Call Toll.free 1.800-87lHi827
.' . .
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: THOMAS B. BLAIR II AND LAURA A. BLAIR, AS TRUSTEES OF THE
DECLARATION OF TRUST OF LAURA A. ANj) THOMAS B. BLAIR II, OR ANY
SUCCESSOR TRUSTEE, UNDER A DECLARATION OF TRUST DATED
NOVEMBER 17, 1999
APN 314-463-04
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 71 OF POWAY MESA UNIT NO. I, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OFCALIFORNIA,ACCORDINGTOTHE MAP THEREOF NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OFSANDIEGO COUNTY. JUNE 09,1971,
AS DESCRIBED INDEED OF TRUST RECORDED APRIL 1,2003 AS FILE NO 2003c0359757,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 71 OF MAP NO 6961, AS MEASURED A T RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 120 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 71 OF POWAY MESA UNIT NO I, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOTHE MAP THEREOF NO 6961,
FILED' IN THE OFFICE OF THECOUNTY RECORDER OF SANDIEGO COUNTY, JUNE 09, 1971,
AS DESCRIBED IN DEED OF TRUST RECORDED APRIL I, 2003 AS FILE NO. 2003-0359757,
DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF SAID LOT 71 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.
CONTAINING 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
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
~/~?U JV~~ ~ea4
MICHAEL S HLUMPBERGER, PLS 7790 ATE
EXHIBIT etB"
~ N 89'29'55" W 100.00' 2.00'
~ - SCALE 1....20
-
8.00'
30'
>- I 0
0 LOT 7-j 0 0 0 <
<( ~I 0, 0 0 0
a= 0 c:i c:i c:i
ID 0:::
~ 14213 KENDRA, WAY ID' ID ID
I <( >-
0::: w I-
a j\;]J.\P NO, r'gr'-j w, W w
. o. 0 Z
Z '" ;"
0 :::>
w 01 0
0 ~
~ ~ ~
81 0 ~
0, 0
~ z' ()
- -
'--
N 89'29'55" W 100.00'
2.00'
1< I DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT NOTE. ALL DIMENSIONS SHOWN
HEREON ARE: COMPILED FROM
480 SQ. FT. MORE OR LESS RECORD DATA. '
~////1 DENOTES AREA OF SOUNDWALL AND LANDSCAPE ASSESSORS' PARCEL NO.. 314-463-04
MAINTENANCE EASEMENT CITY OF POWAY
120 SQ, FT. MORE OR LESS
VESTING. THOMAS B. BLAIR II AND LAURA A. BLAIR, AS
.Right-Of-'Way Engineering Services, Inc, TRUSTEES OF THE DECLARATION OF TRUST OF LAURA A,
AND THOMAS 8. BLAIR. II, OR ANY SUCCESSOR TRUSTEE.
Lapd Surveyi~g UNDER UNDER 'A DECLARATION OF TRUST DATED
4167 Avenidade la Plata Ste. 114- . Oceanside. CA 92056 NOVEMBER 17,1999
(760) 732-1366 FAX (760) 732-1367
Drawing fi e .nome: 'COMM314-46-3-04 dwg DA TE. JUNE 1 2004 SHEET 1 OF 1
;
, .
',,-~ ' . .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property coriveyed by the deed or grant
dated: July 6, 2004 from Thomas B. Blair II and Laura A. Blair, 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' /J ::;
L VJtP,~ X::)vJ---
rnne Bunch, Interim City Clerk