Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0911794
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2004-0S111794 I
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RECORDING REQUESTED BY ) SEP 27,2004 12:08 PM
~ ) OFFICI,".L RECORL"',
CITY OF POWAY ) '-".";JJ [IIEC1D COU~'lT'1 RELCiF:[IER'~. iJFFICE
[iF:EClOF:'1 .1 SMITH, COUrH I r:-:ELOF:[It:R
) FEE '. nlYI
WHEN RECORDED RETURN TO' ) 01 f'.jp
P':':'.C,E:I :
tJr ) i~~mOO~OOmooooOOOOOOOOOOml
O'C,J f'\ city CLERK )
CITY OFPOWAY )
I():JN POBOX 789 9152 )
POWAY, CA 92074 )
No transfer tax due
(For Recorder's Use Only)
Tax Parcel No 314-532-38
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
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EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
Fo'RSOUNDWALL (COMMUNiTY ROAD)
Theodore,Clifford'Whitinq, IllandAniceta Whitinq, Husband and Wife, As Joint Tenants,
hereinafter "GRANTOR") hereby grants to CITY OF POWAY, (tJereinafter "GRANTEE"),
its successors, or assigns, the permanent sound wall and landscape maintenance
easement and incidents thereto for construction of a sound wall and landscapTng 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'Psway the privilege and right to
extend excavation and embankrhent'slopes within the I.imits 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
right to land,scape and maintain .the e?sement as described in Parcel 'A' The City will
install and maintain landscaping as shown on landscape plans for Community Road
Improvements.
Th,e GRANTOR hereby ~urther g-rants,tci GRANTEE all trees, growths (growing or that
may hereafter, grow), and existing wall niaterialswithin said easement, together with the
right io use the same in such manner and at.such locaiions 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 allseverance.,damages to GRANTOR:s:remaining property contiguous
to the easement hereby conveyed by reason of ihe location, construction, landscaping
or maintenance of said.,easement.
The GRANTOR.hereby further grants to GRANTEE the right to temporarily enter and
04.1"/0
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9153
construct'necessary relafed.'improvements as part of,the':prqposed 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
, arid vciid
IN ~/NESS WHEREOF, the GRANTOR has executed this Easement this )~ day
of9 ) ~ , 2004
~~W~
Theodore Cliffor Whiting,
~ - - - ~ _.- <.-.- t?~ .tt/~~
Aniceta Whiting
(Signatures must be notarized)
e- .-
M:\engserv\cip\Easements\Cbmn-ninity Rd Sound Wall. Easements\Community Rd,SoundWall easement_Whiting.doc
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9154
CALIFORNIA ALL,PURPOSEAcI<NOWLEDGMENT
State of California } ss
County of &() t:\ \es ()
On before me, SD.e~ie ~ .;\tJo~!UJDlar'l Pl.(h,fic..
C" to ' Nam~andTwAfOffiCe((e.g'~'JaneDoe.NotaryP\JbliC~)
personally appeared "T'necdrre li t id. pthc:l\ " oo,;,eta.. vJ h; f:~_,
Name(s)oISigner(s)
o persoilally:known to me
Ii!l proved 10 me on the basis of satisfactory
'. "._......._-~ '--- --'--- ~ - I
evidence
" . ... to be the pers.9nt!ll whose name~ is/~
subscribed to the within instrument and
- ,. ~:~~~~': acknowledgecHo m~ JhaU~/~ executed
the same in ,~r6r authorized
IaII.DIDgo Col!"'Y capacity~, and that by h~~
.' ... MrCamnLI!lijlIIIiMl3O; signatur~on fhednslrumenl'the person~;~
the entity .up6n"behaif of which" fhe person
acted, executed the instrument. I
I
WITNESS my hand and'official seal.
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Signature of Notary Public
OPTIONAL
Though the information below is npt iequire,d by law, it mtiy pr~ve. valu;jble to P~,rso.'!.!jj, rely/ng on the document and could prevent
fraudulent removal and reattachment of this torm- to anoJher document
Description of Attached Docllment
Title or Type of Document~ t P~f ,&wnd,~ ~ .1,
Document Date: q J /(3/ v#- ---
Number of Pages: ()
,
-- 8"igner(s) Other Than. Named Above: .
Capacity(ies) Claimed by Signer
Signer:s Name:
o Individual Top 01 lhumb here
o Corporate Officer-1itI~(s): I
o Partner'- o Limited 0 General
o Atlorney,iri,Fact
o Trustee
o Guardian or Conservator
o other: '
Signer Is Representing:
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@ 1999 National Notary AsSociation' 9350 De Solo Ave:, P_O. Box 2402' Chatsworth, CA g1313.2402' www,nationalnolary.org Prod. No.' 5907 Reorder: Call Toll-Free 1-800-876.6827
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9155
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: TIlEODORE CLIFFORD WHITING, III AND ANICETA WHITING, HUSBAND
AND WIFE, AS JOINT TENANTS
APN: 314-532-38
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 1 OF LAS CADENAS UNIT NO. I, IN TIlE CITY OF POW A 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, AUGUST30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED JANUARY 02, 1990 AS FILE NO. 1990-
000178, DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 OF MAP 7415;
THENCE ALONG THE EAST LINE OF SAID LOT I SOUTH 00005' 52"WEST 47.55 FEET
(RECORD SOUTH 000 20' 49" EASTjTO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT I SOUTIlERL Y,
SOUTIIWESTERL Y AND WESTERLY ALONG THE ARC OF SAID CURVE lHROUGH A
CENTRAL ANGLE OF 860 43' 09" AN ARC LENGTH OF 30.27FEET TO THE BEGINNING OF A
REVERSE CURVE CONCA VESOUTHERL Y HAVING A RADWSOF 330.00 FEET, A RADIAL
BEARING TO SAID POINT BEARS NORTH 03010' 59" WEST;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 1 SOUTHWESTERLY AI.,ONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 070 44' 02" AN ARC LENGTH OF
44.54 FEET,
THENCE LEAVING SAID BOUNDARY RADIALLY NORTH 10055' 01" WEST 8.46 FEET,
THENCE NORTH 77020' 24" EAS.T 36.62 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 23.00 FEET,
THENCE EASTERLY, NORTHEASTERLY AND.NORTHERL Y ALONG THE ARC OF SAID CURVE
TIIROUGH A CENTRAL ANGLE OF770 14' 32" AN ARC LENGTH OF 31.01 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO THE SAID EAST LINE OF LOT 1 NORTH
00" 05' 52" EAST 34.15 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTH LINE NORTH 890 40' 47" EAST
11.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,299 SQUARE FEET MORE OR LESS
PARCELB TEMPORARY CONSTRUCfION EASEMENT
THAT PORTION OF LOT 1 OF LAS CADENAS UNIT NO. 1, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TIlE MAP THEREOF NO. 7415,
, FILED IN THE OFFICE O~IE COUNTY RECORDER OF SAN DIEG~UNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF mUST RECORDED.JANuARY 02, 1990 AS FILE NO. 1990-
000178, DESCRIBED AS FOLLOWS: " 9156
BEGINNING AT A POINT ON THE NORTH LINEOFSAID LOT 1 OF MAP NO. 7415 DISTANT
THEREON SOUTH 89040' 47" WEST 11.00 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT 1 SOUTH 000 05' 52" WEST 34.15 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 23.00 FEET,
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 77014' 32" AN ARC LENGTH OF 31.01 FEET,
THENCE TANGENT TO SAID CURVE SOUTH 770 20' 24" WEST 36.62 FEET,
THENCE SOUTII 10055' 01" EAST8.46 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTIIERLY HAVING A RADIUS OF 330.00 FEET, ALSO BEING A POINT ON THE
SOUTHERLY BOUNDARYOF SAID LOT I, A RADIAL BEARING TO SAID POINT BEARS
NORTH 10055' 01" WEST,
THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 000 29' 53" AN ARC LENGTH OF 2.87 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY RADIALLY TO LAST SAID CURVE NORTH
11024' 54" WEST 12.39 FEET,
THENCE NORTH 770 20' 24" EAST 37 44 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET,
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 770 14' 32" AN ARC LENGTH OF 13.48 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE OF LOT 1 NORTH 000 05'
52" EAST 43.28 FEET TO A POINT ON SAID NORTH LINE OF LOT I,
THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTH LINE NORTH 890 40' 47" EAST
13.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 852 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONsmUCTION EASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILLING OF NOTICE OF COMPLETION OF THE CoMMuNITY ROAD SOUND WALL
PROJECT
A IT ACHED HERETO AND MADE APART 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
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MICHAEL SCHLUMPBERGER, PLS 7790 DATE
CURVE TABLE EXHIBIT uB" LINE TABLE
CURVE DELTA LENGTH RADIUS UNE LENGTH BEARING
Cl 771 4' 32- 13.48' 10.00 L1 12.39 Nl1'24'54-W
C2 7714'32- 31,01' 23.00 C5 0'29'53- 2.87' 330.00 l2 8.46 Nl0'55'OI-W
C3 86'43'09- 30.27' 20.00 C6 3"01'33" 17.43' 330.00 POB PCL -B-
C4 7'44'02- 44.54' 330.00 C7 104"07'14- 36.34' 20.00 POB PCl -A-
N89'4Q' 47"E 108.25'
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84.25'
W io ioO
() 28' ".. '"
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1 I NOTE: AlL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
RECORD DATA.
Y///l ASSESSORS' PARCEL NO.. 314-532-38
CITY OF POWAY
Inc,
VESTING. THEODORE CUFFORD WHITING, III AND ANICETA
WHITING. HUSBAND AND WIFE, AS JOINT TENANTS
DATE: AUGUST 19, 2004 SHEET 1 OF 1
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915,8
CERTIFICATE OF ACCEFiTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated September 13, 2004 from Theodore Clifford Whiting, III and Aniceta Whiting,
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
Dated September 17, 2004 CITYOFPOWAY
Seal By'
anne Bunch, Interim City Clerk