Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0911803
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2004-0911803
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RECORDING REQUESTED BY ); SEP 27, 2004 12:10 PM
1& 9173 ) , [IFFICI.".L F:E,"nm,',
CITY OF POWAY ) ~.6N [IIEC~Ci CCiUNT'1 FiECUF:DEF:":1 OFFICE
CiF:EGI-iF:'1 ,I ~MITH LUUrH'1 RECOF:CiEF:
6~ WHEN RECORDED RETURN TO. ) FEE'" 0,01-1
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F~,IjE~" t,
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& Jfr. CITY CLERK ) IUOOOO~IOOOOOOOOOOM~MMm~
b ~ CITY OF POWAY )
I(JJ POBOX 789 )
POWAY, CA 92074 )
No transfer tax due
(For Recorder's Use Only)
Tax Parcel No 314"532-36
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Brian P. Lambert and Lynda;G. Lambert, Husband .and Wife As Community Property
With Riqht of Survivorship 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 ofca sound wall
and landscaping upon, over and across that certain real property in the City ofcPoway,
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 embankm.ent slopes within the limits of the herein described
easement, where required forthec()nstruction and mairitenance of said sound wall In
addition, the GRANTOR hereby'fu"rther 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 grbW):C1nd 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 successorscand 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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9174
.,.' The GRANTOR' herebyfLirther grants to GRANTEEJhe ji~Jh!to,teii1porarily enter and
constructnecessary relafedirnprovements aspart,oqhe.p[bposed construction
proc~ss This T en'lpora[y 90nstruction EaseQlent.a,~ d~s_cribed iri'theattqched Exhibit
'A' as Parcel Bishall be valid ,only until the constructiOn has beenoaccepted 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 14 +~ay
of ,je-pt-em,ber: 2004 ~ ~~
Brian P Lambert
~\,-~~ I o;;;[Jtl~
Lynda G Lambert '-----'
(Signatures must be notarized)
M:\engserv\cip\Easements\Community Rd Sound Wall Easements\Community'Rd SoundWa!l easement_lambert.doc
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9175
cAUFQRNIA ~LLiPU!'lPOSEAcKN9WLEDGM,ENT
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I stateot,Calitornia " }
County of ~r\ bLO~ ss. :
on~\ \LL.~ llib\c
personally appeared ' Y I
D yersonally known to me
fl proved to me, on the basis of satisfactory
." 8KS1I't evidence
, ..'__Cc>>.'JW~.!.l~ . '._ _, _ ____
i ,.,,;, ' )olalGryl'UtlllC'.c:alIIDII*I to be the 'person(s) whose name(s) Is/are J
! . lIanDlellDcountv .' subscribed to the within instrument and
, , . Mveamm.fIIplIll2oilt21. acknowledged)ome that helsheithey executed
the same in his/her/their authorized
capacity(ies), ahd that by his/her/their
signature(s) ontheinstrurnent the person(s), or
the enfity upon behalf of which the person(s)
acted, executed'tha-instrument.
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OPTIONAL
Though the information below is not required by law, it may prove va:'uabfe'to persons'reiying on the document and could prevent ,]
fraudulenl.removal and reattachment of this form to another document.
Description of AltaChU Document I
Title or Type of Document:' f\.lA.JAk ~ ~ V\f'l\ ~ J)Q1f<\<lA"\:i -'1
Document Date~ \4 I Ol-t Number of Pages: :5 I
Signer(s) Other Than Named Above: n 1'iV\ 0 ./
Capacity(ies) Claimed by;Signer
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Signer's Name: I
.J
o Indiyidual Top of thumb here
D Corporate Officer ~ Title(s):
o Partner - D Limited D General I
D Atlor~ey'in-Fact I
D Trustee I
o Guardian or Conservator
D Other' I
Signer Is Representing:
e 1999 National Notary Association' 9~ De <oAve., P.D. 8<lx 2402' Chatsworth, CA 91313-2'402 'l'oww.na,tiof!a~n01ary.org Prod. No_ 5907 Reorder, Call Toll-Free l-!lOO 876 6827
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9176
EXHIBIT "A"
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, LEGAL DESCRIPTION
VESTING: BRIAN P LAMBERT AND LYNDA G. LAMBERT, HUSBAND AND WIFE AS
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
APN: 314-532-36
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 3 OF LAS CADENAS UNIT NO. I,INTHE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE'MAP THEREOF NO. 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED OCTOBER 31,2002 AS FILE NO 2002-
0968147 DESCRIBED AS FOLLOWS.
THE EAST 11.00 FEET OF SAID LOT 3 OF MAP NO. 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 660 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 3 OF LAS CADENAS UNIT NO I, IN THE CITY OF POWA Y, COUNTY
OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DE~D OF TRUST RECORDED OCTOBER 31, 2002 AS FILE NO 2002-
0968147, DESCRIBED AS FOLLOWS.
THE EAST 24.00 FEET OF SAID LOT 3 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 780 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
m.~2~/ 7_n<- Z 3 ,;,004
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MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT uB" .
SCALE 1~=20'
---- N 89'40'47" E 109.61'
~ - - 13.00'
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N 89'40'47" E 108.74'
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II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT -1
-1
780 SQ, FT. MORE OR LESS
V///A NOTE. ALL DIMENSIONS SHOWN
DENOTES AREA OF SOUNDWALL AND LANDSCAPE HEREON ARE COMPILED FROM
MAINTENANCE EASEMENT ~\) LIWD Su RECORD DATA.
660 SQ. FT. MORE OR LESS <v~<;; sCHt IJ ~t, ASSESSORS' PARCEL NO.. 3'4~532-36
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'" 0 CITY OF POWA Y
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Right-DC-Way Engineering Services. Inc.
Land Surveying BRIAN P LAMBERT AND LYNDA G. LAMBERT, HUSBAND
4167 Avenida de 1a Plata Ste. 114 Oceanside, CA 92056 AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF
(760) 732-1366 FAX (760) 732-1367 SURVIVORSHIP
Draw ng fi e nome: comm314-532-36.dwg
DA TE: JUNE 1, 2004 SHEET 1 OF 1
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9178
CERTIFICAT'E OF ACCEPTANCE
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This is to certify that the interest in real property conveyed by the deed or grant
dated: September 14, 2004 from Brian P Lambert and Lynda G. Lambert, 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 tOJecorda!ion thereofby its duly authorized officer
Dated' September 17, 2004 CITY OF POWA Y
Seal By' .~
eanne Bunch, Interim City Clerk