Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0933868
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RECORDINO REQUESTED BY ) OCT 01 , 2004 8'32 AM
OFFICI.o.L RECOF:[,':,
) , _/~N [liE I.J 1=1 CClUHT'1 F:E(OR[IEFi":; OFFICE
CITY OF POWAY ) ClI':::ElluF:'1 ,I '~Mlll-L c::rlllrH'1 F:EDJR[IEF:
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WHEN RECORDED RETURN TO' ) F'b.GE~, to
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CITY CLERK Ii )
CITY OF POWAY ('op)
POBOX 789 NF)
POWAY, CA 92074 OOJ..Pr)
No transfer tax due \ COt")
(For Recorder's Use Only)
Tax Parcel No 314-450-27
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMI?ORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
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Michael D. Poucher and PatriciaJ. Poucher. Husband arid Wife. As Joint Tenants
hereinafter "GRANTOR") hereby grants to CITY OF POVVAY, (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
e.asement, where required for the. construction and maintenance of said sound wall. In
addition, the GRANTOR hereby furtl:1er 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 iTlaintain landscaping,as shown on landscape plans for Community Road
Improvements.
The GRANTOR hereby further grants to GRANTEE.alltrees, growths (growing or that
may hereafter grow), and eXis\ing wall materials within said easement, together with the
right to use the same ih such manner and at such..locations as said GRANTEE may
deem proper, needful or necessary, inthe construction, reconstruction, or maintenance
of said easement.
The GRANTOR, for him/l:1erself, 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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TheGRAt-lTOR her(3by fu,rt!!ergrants to GRANTEE therighttotemporarilyenter and
constructnecessatytelated imp!ovements as piirtof'th,e proposed construction
process 'fliis 'fiemporary Construction Easement, a~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 s \U: day
f
of S:~-\,~m \u ,2004
~ael 0 Poucher
~~~
Patricia J Pouch" r
(Signatures must be notarized)
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M:\engserv\cip\Easements\Community Rd Sound WaU.Easements\Community Rd'SoundWaU easement_Poucher.doc
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CA'l.jf'ORNIA' ALL.PURPOsE 'ACKNOWLEDGMENT
State of California }
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County of ::::A f'\ ,\" '" C\
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On "'\ ) \ \ t) '-\ before me, Q:\,~ \5. ~ ,,"- G-t-',~ (\
, Date Name and Title 01 Offlcer (e.g:; "Jane Doe, Notary Public")
personally appeared N\\<'-"^"''''\ ~ C>l'\.,.c\-.r o"rxI. \),^-\-i,,~;n.. -:s.?c",-,-\-wr
Name(s)ofSigner(s)
J8:lJlersonally knovinto me
/ D~proved to, me 'on the basis of satisfactory
evidence ,1
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l,"@:":.':':' '~~R,~~T,'I~E'GR,'I.F~IN'," f :~b~~ri~~~, Pt~S~~sJwit~i~einnS~~~i~~e
~ : ,COMM.,.,323305 m acknowledged tome that he/s ey xecuted
U) .~ ,,; , . Notary "~bllc~aIlJ~rni. ~ the same in his/her eir authori
w, SAN DI~GO COUNTY - , ~ "
J . .. '..' My Comm. Ellp. 0<12, nos E capaclt les ,an1 that !='y hls/her/ elf
~ . .. . . . . . . . . . . . . . . . . . , slgnatl!re n the.. Instrument the person s, r: I
the entity ,upon behalf, of which the perso s
acted, exeCuted'the'instrument.
WiTNESS my hand and official seal.
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Signature of Notar)i Publ .
OPTIONAL
Though the infonnation below is nouequired by law, it may prove valuable to persons Ielying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type, of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer 1
Signer's Name:
. ,I
D Individual Top 01 thumb here
o Corporate Officer - Title(s): 1
o Partner'- 0 Umited 0 General
o Attorney.in'Fact
o Trustee
D Guardian or Conservator
o Other:
Signer Is Representing:
c 1999 National Notary Associalion" 9350 De Soto Ave., P.O. BOx 2402' Chatsworth, CA 91313.2402 . www.nationalnotary.orgProd.No. 5907 Reorder. Call Toll.Free 1-800 876 6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MICHAEL D POUCHER AND PATRICIA I POUCHER, HUSBAND AND WIFE,
AS JOINT TENANTS
APN: 314-450.27
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 7 OFPOWAYMESA UNIT NO I, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO, 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09,1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MA Y 23, 2001 AS FILE NO, 2001.0328789,
DESCRIBED AS FOLLOWS
THE EAST 2.00 FEET OF SAID LOT 7 OF MAP NO 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 162 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 7 OF POWAY MESA UNIT NO. I, IN THE CITY OFP0WAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO Tim MAP THERE9F NO 6961,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09,1971,
AS DESCRIBED IN DEED OF TRUST RECORDED MAY 23, 2001 AS FILE NO 2001.0328789,
DESCRIBED AS FOLLOWS,
THE EAST 10.00 FEET OF SAID LOT7 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 637 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
~~d vtJrl<- ll., 2<>01
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT U B" ."
2.00'
---- N 89'29'55" W 104.00'
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26'
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DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
637 SQ. FT. MORE OR LESS NOTE. ALL DIMENSIONS SHOWN
V// /l HEREON ARE COMPILED FROM
RECORD DATA.
ASSESSORS' PARCEL NO.. 314-450-27
CITY OF POWA Y
Right-Of-Way Engineering Services, Inc. VESTING: MICHAEL D, POUCHER AND PATRICIA J.
Land Surveying
4167 Avenida de la Plata Ste. 114 Oceanside, CA 92056 POUCHER, HUSBAND AND WIFE. AS JOINT TENANTS
(760) 732-1366 FAX (760) 732-1367
Drawing file name; comm314-450-27.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 September 1, 2004 from Michael 0 Poucher and Patricia J Poucher, 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 bv its duiy authorized officer
Dated September 23, 2004 CITY OF POW AY
Seal