Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0993655
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2004-0893655
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RECORDING REQUESTED BY ) OCT 20, 2004 8'33 AM
N~~ ) 1-IFFICL.:.:..l. F:ECiJR[.I':,
.,,::,/'l [IIE!jU cour.n I RELOFi[J[R":, OFFICE
(J CITY OF POWAY ) CiF:EI"i(IF:.( ,I ')I'..lITH cout-Jrr F:ECORC,EFi
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WHEN RECORDED RETURN TO' ) F,:I~l: ). f.
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CITY CLERK )
CITY OF POW AY )
POBOX 789 )
POWAY, CA 92074 )
- (For Recorder's Use Only) , - -
Tax Parcel No 314-532-37
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
NO DOCUMENTARY TRANSFER TAX DUE
Gerald D. Brubaker and Alice M. Brubaker. As Trustees of the Gerald D. and Alice M.
Brubaker Trust, Or Anv Successor Trustee, Under A Declaration of Trust Dated
February 22,2001 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 pr9perty 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
- - -- - Eta~e!l1ent, where reguired for !1:Le. c(Jns,tr~ct~on and rllaintenance of sajd sound wall. In
addition, the GRANTOR hereby further grants to the City of Poway the privilege aria'- - - -
righUo landscape,and-maintain the easementas described in Parcel:K The City will
install and maintain lan'dscaping 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 withi[1 ,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.
04.rH
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The GRANTOR, for himjherself, his/her successors',and assigns, hereby waives any
claim for any and alLseverance damages to GRANTOR's remaining property contiguous
to the easement hereby conveyed by reason of the location, construction, landscaping
or maintenahce of said,easement.
The GRAf\JTOR hereby further grants to GRANTEE the right to temporarily enter and
construct n~cessary related impr.ovements 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 1lINESS WHEREOF, the GRANTOR has executed this Easement this II{. day
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of I,.f- , 2004 .
~~L)r6~~ -
Gerald 0 Brubaker
@:U1ilL~~j~
AI' e M. rubaker
(Signatures must be notarized)
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M:\engserv\cip\Easements\Community, Rd Sound Wall Easements\Community Rd,SoundWall easement_Brubaker.doc
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CALlFORNIA,ALL'PURPOSEACKNOWLEDGMENT
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CountY of
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[ ,On,
personally appeared
Name(s) of Signer(s) ,
o personally known to me I
)(proved to me on the basis of satisfactory
evidence
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>~- " - to be the person@ whose nametl) is~ . -- --.--
J - ::" - ....... ~".~ ''-,',',_. -' '-, - J SUbSC,ri~~a" .t,o the within inSYUrTl.en,t, an,,"d
.' SIlBllllED. WORREU acknowledged to me that heIshe/t@executed'l
': ," CommIAIon # 142} 698 the same,' 'in l>i<!Itler/'dJ'j;;I authorized
. Nalary PuIlIIc . CaUlomla ~ capacity e ; and 'that by hielher~
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. ". , acted, executed the'lnstrument.
WiTNESS,my h~official seal.
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S'gnaturellfNotaryPubhc 'I
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I OPTIONAL ,I
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 taanather document. J
Description of Allached Document ~ ~ ..
TitleOrTypeOfDou;tt4d-~ . ~ uJ~
Document Date:. . ...;200 Number of Pages:
Signer(s) Other Than Named Above:
- - ~ ----..1....
Capacity(ies) Claimed by Signer -
Signer's Name:
D Indivig~al Top of thumb here
o Corporate'Officer - Title(s):
o Partner - DLimited 0 General I
o Attomey,in.Fact
o Trustee I
o Guardian or Conservator
o Other
Signer Is Representing:
e 1999 National Nolary Association. 9350 De Sola Ave., P.O' eox 2402' Chalsworth, CA 9131J-.2402' www.nauonalnotary.orgProd.No. 5907 Reorder: Call ,Toll-Free 1.800-876--6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: GERALD D BRUBAKER AND ALICEM. BRUBAKER, AS TRUSTEES OF THE
GERALD D, AND ALlCEM.BRUBAKER TRUST, OR ANY:SUCCESSOR
TRUSTEE, UNDER A DECLARATION OF TRUST DATED FEBRUARY 22,.200 I
.APN:) 14-532.37
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
TIlA TPORTlQN OF LOT 2 OF LAS'CADENAS UNIT NO 1, IN TIlE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STA ~ OF CALIFORNIA, ACCORDING TO THE MAPTHEREOF NO 7415,
~- -- FILED IN THE OFFICE OF THECOUN:r:\\.RECORDER OF'SAN'DIEG0'COUNTY; AUGUST. 30;,- - . --
197~, AS DESCRIBED IN GRANTDEEDRECORDED'FEBRUARY26, 2001 AS FILE NO 2001.
0106547, DESCRIBED AS FOLLOWS.
TIlE IjA,ST 11,00 FEET OF SAID LOT20FMAP NO, 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINETHEREOF:
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CONTAINING 660 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 2 OFLAS''CADENAS UNIT NO.1, IN TIlE CITY OFPOWA Y, COUNTY
OF SAN DIEGO, STATE OFCALIFORNIA"ACCORDINGTOTHE MAP THEREOF NO, 7415,
FILED IN THE OFFICE OFTHE:COUNTY RECORDER OFSANDIEGO'COUNTY, AUGUST 30,
1972, AS DESCRIBED IN GRAI,rr,flEliD',RECORDED FEBRUARY 26,2001 AS FILE NO 2001-
0106547; DESCRIBED AS FOLLOWS.
THE EAST 24.00 FEET OFs6ID LOT 2 OF MAP NO, 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF,. EXCEPTING THEREFROM THE EAST 11,00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 780SQUARE 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
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~ROJECT ---
ATTACHED HERETO, AND 'MADE'A' PART HEREOF TIlISl;EGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTYDESCRIPTION HAS BEEN-PREPARED BY ME, OR UNDER MY
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DIRECTION, IN CONFORMANCE WITH.THE PROFESSIONAL LAND SURVEYORS ACT
~2~ JV>>C 2.3, zi:Jo1
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MICHAEL SCHLUMPBERGER, PLS 7790 DATE
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LINE. TABLE I EXHIBIT US"
LINE LENGTH BEARING ;
Ll 7:57~ NOO'30'05"E
L2 7.45' NOO'30'05'E
L3 7.31' . NOO'30'05"E
SCALE . '.-20"
----- N 89'40'47" E 108.74'
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NOTE: ALL DIMENSIONS SHOWN
I, I DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT HEREON ARE COMPILED FROM
RECORD DATA.
780 SQ, FT, MQRE' OR LE~S ASSESSORS' PARCEL NO;; 314-532,...37
V///~ DENOTES AREA OF SOUNDWALL AND LANDSCAPE CITY OF POWAY
M'AINTENANCE EASEMENT
660 SQ. FT: MORE OR LESS VESTING: GERALD D. BRUBAKER AND ,ALICE M.
BRUBAKER; AS TRusttEsOF Tl1E GERALD D.
Right-Of..,Way Engineering Services. Inc, AND 'f.L1QE M BRUBAKER TRUST, OR ANY
SUCc:E,SSQR .TRUSTEE, UNDER A DECLARATION
Land Surveying. ,_ OF TRUST DATED FEBRUARY 22, 2001
4167 Avenida de la Plata Ste. 114 -; Oceanside; CA 92056
(760) 732-1366 FAX (760) 7.?2-~3~7 f SHEET 1 OF 1
Drawin~ file name: comm314,-;532;""37:dw:~ DATE:JUNE 23, 2004
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CERTIFICATE OF ACCEPTANCE
This is to certify that the ihterest in real property conveyed by the deed or grant
dated October 14, 2004 from Gerald 0 Brubaker and Alice M Brubaker, Trustees of
the Gerald 0 and Alice M. Brubaker Trust, Or Any Successor Trustee, Under A
Declaration of Trust Dated February 22, 2001, Grantor, 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
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Dated October 15, 2004 CITY OF POWAY
Seal By'