Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road)2004-0638465
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: . DOC.
, 2004-0638465
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~ RECORDING REQUESTED BY , JUL 09. 2004 8:24 AM
) 1-IFFICI..:.ll F:ECORLI',
) ':,p,n CdECiCi COUt-jrl FlECOR[JEF;"-, OFFICE
~ CITY OF POWAY ) GF:ECiCIFiY.1 '::,~,,"ITH COUr'JT'Y F:ECOF;[IER
FEE':, o no
LW WHEN RECORDED RETURN TO' ) 01= r'lp
) P:~CiE ;. "
) IIOOMM~MMMMMMMMMm~
CITY CLERK )
CITY OF POW A Y )
POBOX 789 )
POWAY, CA 92074 )
(For Recorder's Use Only)
Tax Parcel No 314-572-67
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Cordiano 0, Gonzales and Mary M, Gonzales hereinafter "GRANTOR") hereby grants
to CITY OF POW A Y, (hereinafter "GRANTEE"), its successors, or assigns, the
permanent sound wall and landsc.ape 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
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right to landscape and maintain the easement as described in Parcel 'A' The Citywill
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.
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.
G-l-O~
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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 d(3scribed in the attached Exhibit
'A' as Parcel B, shall be valig'only until the construc;ticin has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void
IN WITNESSt'HEREOF, the GRANTOR has executed this Ea ement this day
of 7~/- tJ ,2004 ~, ~.\ ,
frv ~ D. /
Cordiano 0 Gonzales
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(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community Rd SoundWaJl easement_ Gonzales.doc
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CALiFORNIA ALL.PURPOsE ACKNOWLEDGMENT
I
County of
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before me, IIC
pe '.~ 3.
\
~SOnaIlY known to me
proved to me on the basis of satisfactory
evidence
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to be the persor@whose na,rTle@ ~
subscribed to the Wi~ instrument and
I acknowledged tom~t ~xecuted
thes~ in s/ . r hei authorized 1
capacit' , and .that by h&'~ I
signaturE@)>onthe!{nstrumentthe perso s~ 1
. IIIIIIIYCOUlHS the entity. upon behalf of which the perso
c.;;...~.' . .fJl4W8I acted, executed the instrument.
'**'" NIIID ,. C< II It.
llan DIego CaunGv '
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OPTIONAL
Though the information below Is not required by law, it may prove valuable to per,!ons. relying oil th~ document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1
Title or Type of Document: ,I
Document Date: Number of Pages:
Signer(s) Other Than Namea Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Topol thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in.Fact
o Trustee 1
0. Guardian or Conservator
o Other:
Signer Is Representing:
~
e 1999 National Notary Association' 9350 De SOlO Ave, P.O Box 2402' C~atsWOr1h, CA 91313:2402' www.netionalnolary,org Prod,No.5907 Reorde~ Call Toll~Free 1 800-8756827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: CORDIANO D. GONZALES AND MARY M, GONZALES, WHO ARE MARRIED
TO EACH OTHER
APN: 314.572.67
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 180 OF LAS CADENAS UNIT NO, 3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OFCALlFORNIA, ACCORDING TOTHE MAP THEREOF NO 7567,
FILED IN THE OFFICE Of T!.IE,C;:.OUNTY RECORDER OF SANDIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN SHORT F9lThi DEED OF TRUST RECORDED MARCH 05, 2001 AS FILE
NO 2001-0123516, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 180 OF MAP NO 7567
THENCE ALONG THE EAST LINE9F SAID LOT 180 NORTH 000 05' 52" EAST 60,00 FEET TO
THE NORTHEAST CORNER THEREOF,
THENCE LEA VING SAID EAST LINE ALONG THE NORTH LINE OF SAID LOT 180 NORTH 890
54' 22" WEST 10.00 FEET,
THENCE LEA VING SAID NORTH LINE SOUTH 000 05' 52" WEST 1 67 FEET,
THENCE SOUTH 890 54' 22" EAST 2,00 FEET,
THENCE SOUTH 000 05' 52" WEST 58.33 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT
180;
THENCE ALONG SAID SOl1TH LINE SOUTH 890 54' 22" EAST 8.00 FEET TO THE POINT OF
BEGINNING
CONTAINING 483 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 1800F LAS CADENA~ UNIT NO. 3, JNTI::lE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCQRDING TO T!.IE MAPTHEREOF NO 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA)'IDIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN SHORT FORM DEED OF TRUST RECORDED MARCH 05, 2001 AS FILE
NO 2001.0123516, DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 180 OF MAP NO 7567,
THENCE ALONG THE SOUTH LINE OF SAID LOT 180 NORTH 890 54' 22" WEST 8.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 890 54' 22" WEST 14.00 FEET,
THENCE LEAVING SAlalJTH LINE NORTH 000 05' 52" EAST 60.0aET TO A POINT ON
, THE N:ORTH LINE OF SAID LOT 180;
THENCE ALONG SAID NORTH LINE SOUTH 890 54' 22" EAST 12.00 FEET,
THENCE LEAVING SAID NORTH LINE SOUTH 000 05' 52" WEST 1.67 FEET,
THENCE SOUTH 890 54' 22" EAST 2.00 FEET,
THENCE SOUTH 000 05' 52" WEST58.33 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING 837 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TE~INA TE 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 PROFESSIONALLAND SURVEYORS ACT
~2~ JOVlC z " ;:aJ4
MICHAEL SCHLUMpBERGER, PLS 7790 DATE
EXHIBIT uB"
LINE TABLE
LINE LENGTH BEARING
L1 1.67 NOO\J5'5Z"E SCAlE '--20'
LZ 2.00 N89"54'ZZ"W
N 89"54'22" W 118.08'
- -
W . 12.00'
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w 0 0' b 0
0 o. 0
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'-' 13809 OUVE GROVE PL f'-
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MAP NO~ 7567 on on :E
:J ;0 in' ;0
P p, p :E
0 0 0 0 0
0 0, 0
z z' z U
26'
- - 14.00'
N 89"54'22" W 118,07' P O.B. PCl. 'A'
T.P O.S. PCl 'S'
I 1 DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
" 837 SQ. FT. MORE OR LESS .
II I IA DENOTES AREA OF SOUNDWALL AND NOTE: ALL DIMENSIONS SHOWN HEREON
MAINTENANCE EASEMENT ARE COMPILED FROM RECORD DA fA
483 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.. 314-572-67
Right~Of-Way Engineering Services, Inc. CITY OF POWAY
". _.. Land. Surveying VESTING: COROIANO D, GONZALES ANO MARY M.
4167 Avenida de. 1a Plata Ste. 114 . Oceanside. CA 92056 GONZALES, WHO ARE MARRIED TO EACH OTHER
,(760) 732-1366 FAX (760) 732-1367 DA TE. MAy 28, 2004
Drawing file nome: comm314-572-67 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 1, 2004 from Cordinano 0 Gonzales and Mary M. Gonzales, 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' 9~~
jeanne Bunch, Interim City Clerk