Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0638466
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2004-0638466
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~ RECORDING REQUESTED BY ) JUL 09, 2004 8:24 AM
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-434-47
GRANT OF PERMANENJ SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEtylPORARY CONSTRUCTION EASEMENT
FOR SOUNDWALL (COMMUNITY ROAD)
Caryl Lanqe. A Sinqle Woman'and Denise M. Cheney, An Unmarried Woman All As
Joint Tenants hereinafter "GRANTOR") hereby grants to CITY OF POWA Y, (hereinafter
"GRANTEE"), its successors; or assigns, the permanent sound wall and landscape
maintenance easement and inciaents 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 Powaythe 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 ofl?oway the privilege and
rightjo landscape and maintain the easement as described in Parcel 'A' The City will
install and maintaih 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.
C:H -d::t
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The,GRANTOR hereby further grants to GRANTEE;,the:right to temporarily enter and
construct necessary relateg iinprovements as part dfthe proposed construction
process. This Temporary Construction Easement, 1j,s d{:lscribed in the attached Exhibit
:A' as ParcelS, shall bevalid only until the constrUc.tio~ 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 JOL7 .2004 c*
IL ge
~'~
Denise M Cheney . "
(Signatures must be notarized)
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M:\engs€lV\cip\Easements\Community,Rd Soun~ Wair.Easements\Community Rd SoundWall easemeriLLange-Cheney.doc
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cAI:IFORNIA..ALL.PURPOSE,AcKNOWLEDGMENT
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State of california, }
& D ss.
County of nieg 0
on..:suhf 7.~ <I- before rne,.s~i e. ~ "vJ~ie\\ ND'ar~ 8ill<,.
- , Date ~ " \ La. N,m, ,cd"''' ,I OIIlw l'g,:'J,c, J". ""OP'blt"
personally appeared ' 'J'Y re~ (J.{)d, ('ffiiS.~ N\. Cn€f'J€i,
Name(s) of Sl~mer(s}
D personally known to me
~proved to me on the basis of satisfactory
evidence
I
to be the perso~ whose name@) is!~
I ~ - - - -,' ',- 0-- -, - - - - ~ sU,bscribed tp, the wit~in instrument ?nd
~_ SHERRlEP.WORllElL acknowledgedto'rnethat I>el6he~executed
1 _,' Commission #'1421698 the sarneinhi<;.lRer!~ authorized
i,.; , Notary Public Califamia ~ capacitY e , and that by Ri6lRer!~
j_ , MvCOl':?, ~~CJ:~~ 200 t Signaturmn t~e instrument the person(O, or
. ,_. _. __:.. :.. ::. :.. _ :..': ~ 7 the entity ~pon behalf of which the person(]l)
.' '" acted, executed .the instrument.
I
OPTIONAL
Though the information below is not required by law,. it may prove valuable to persons relyil19 on-the document and could prevent
fraudulent removal and reattachment of this form -to another dOCument.
Description of Attached Document
I Title or Type of Document: ~tM.J..~./2Ivr(\. Sol.l.Jl"cl.\llnOO
I Document Date: 3\..l1\ ~ ~ I ~ . 4 Number of Pages: '-I
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer
Signer's Name:
D Individual Top of thumb he'e
I. D Corporate Officer - Title(s):
D Partner - D Limited D General
D Atlorney,in,Fact
D T ruslee
D Guardii:!n or ConSEHvator
D Other'
Signer Is Representing:
e 1999 National Nolary Association' 9350 [){l SOlO A~e.. P.O. Bo< 2402' Chatsworth, CA 91313-2402' 'NWW.nalionalnolary.org Prod. No. 5907 Reorder: Call TolI.Free 1.800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: CARYL LANGE, A SINGLE WOMAN AND DENISE M. CHENEY AN
UNMARRIED WOMAN ALL AS JOINT TENANTS
APN' 314-434-47
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THATPORTJON OF LOT 175 OF POWAYMESA UNIT NO 3, IN THE CITY OF POWAY, 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, ruNE 29,1972,
AS DESCRIBED IN DEED OF TRUST RECORDED JUL Y 29, 2002 AS FILE NO 2002-0630885,
DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 175 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 175 OF POW A Y MESA UNIT NO 3, 11'1 THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7335,
FILED IN THE OFF;ICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1972,
AS DESCRIBED IN DEED OF TRUST RECORDED JULY 29, 2002 AS FILE NO 2002-0630885,
DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 175 OF MAP NO 7335, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 2.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 496 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
~2~ JZ,-"", I 2 4 z o~<1
MICHAEL SCHLUMPBERGER, PLS 7790 ' DATE'
EXHIBIT uB"
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1""""1 DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
......
496 SQ. FT. MORE OR LESS NOTE. ALL DIMENSIONS'SHOWN
HEREON ARE COMPILED FROM
1////1 DENOTES AREA OF SOUND WALL AND LANDSCAPE RECORD DATA.
MAINTENANCE EASEMENT ASSESSORS' PARCEL. NO.: 314-434-47
124 SQ, FT, MORE OR LESS
CITY OF POWAY
Right-or-Way Engineering Services, Inc. VESTING: CARYL LANGE, A SINGLE WOMAN AND DENISE
Land Surveying M. CHENEY AN UNMARRIED WOMAN ALL AS JOINT
~ 4167. Avtmida de laPlata Ste. 114 Oceanside, CA 92056 TENANTS
(76()) 7.32~1366 FAX (760) 732-1367
Drawing file name: comm314 434 47.dwg DA TE. JUNE 24, 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 Caryl Lange and Denise M. Cheney, 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'
,; eanne Bunch, Interim City Clerk