Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0911727
, ---~ ~
- " . DO!# 2004-0911727
\ \U\\\\ 11\1 \\,\\ "\11 UIII 11'11 nlll \1\11 11\\\ \\\\1 lUll \\\\\ \ll\ \Ul
RECORDING REQUESTED BY ) SEP 27,2004 12:06 PM
1&( CITY OF POWAY ) 1-IFFICI,i.J,L F1ECflR[I':,
'-.,:.:.t~ ['IEi"lCII_:I~lIlr.jT', FiECuR[IEF:"-, uFFILE
) ~::iFIU:;OR'1 .1 ':::Hll H 1_'C1llnT'1 F,EI_DFI['EF:
) FEE':, O,I-IU
1r WHEN RECORDED RETUR~J TO:. DC. r.t.::.
) p.:'liE':
OuJ!> CITY CLERK ) 11111111111111\\\11\\1111\\111111111\111\\111111111111\\\11\1111\\\1111111\\\111
)
"CION CITY OF POWAY ) 2004-0911727
POBOX 789 )
POWAY,CA 92074 905'8 ) -~
~No transfer: tax due
. (For Recoraer's Use Only) ""...~. ~
Tax Parcel No 314-464-01
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Bruce A. ,Smart and Marqaret- S, Smart. Husband and wHe As Joint Tenants,
her~inafter "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 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 Po way the privilege and right to
extend excavation and embankment slopes within the'limits of the herein described
easement, where required for the construction and maiiltenance of said sound w,all. In
a,dditioQ, the qRANT()R hElreby further grants to the City of Poway the privilege and
righHci 'Iandsc,,!pelandomaintain 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 grow), ar:ld existing wall materials.within ,said easement, together with the
right to use the same iil such manner and at such locations as said GRANTEE rl)ay
deem proper, neE;ldful or necessary, in the construction, reconstruction, or maintenance
of said easement.
The .GRANtOR. for him/herself, his/her successors an.d assigns, hereby waives any
claim for any and allseverar:lce damages to GRANT0R's remaining property contiguous
to the easement hereby conveyed by reason of the 10catic5'il, construction, landscaping
or maintenaf)ce of saicLeasement.
The GRANTOR hereby further grants to GRANTEE the right to temporarily enter and
o4.1~~
~ " . .
"
9059
construct necessary related improvements as.part,ofthe' Rfoposeq construction
process. This Temporary Construction Easement, ClS de};cribed in the attached Exhibit
'A' CiS Parcel B, shall beNalid only l!.iltilthe construction has been,accepted by the
GRA~TEE. After such time, the Temporary COr:lstwction Easement shall become null
and void
IN WITNESS WHEREOF', the GRANTOR has executed this Easement this \:)r day
of ~~/l(!.r' ,2004
4.J6</~ -
Bruce . Smart -
- ~,' ,~/ /fi,~~ -
Ma~ r~ Smart
(Signatures must.be notarized)
--
M:\engserv\cip\Easements\Community Rd Sound Wall ,Easements\Community Rd' SoundWal1 easement_Smart. doc
..- . .
9060
CALIFORNIA AI;,L~PURPOSE ACKNOWLEDGMENT
State O!'California, }
Sa D ss.
County of. Illeg D
On ~, Lo?Cf:>Ybeforeme,(){)eU-ie D,~o~(tA9mar~ Puh Ii CO
_ Date, _ ~ameandTltleo_fO~K(e.g""JaneDoe'Notary ublic")
personally , appeared &'UCG A.af)d 'aa,r~.jo ..:). Snac r
Name tSlgner(s)
o perSonall;,known to me
j(provedto me on the basis of satisfactory
evidence
I
_ _ _ _ _ - - - - ~'- - f to be Ihe person@ whose namE@> is/~
~"., ,SHE,RRtE", D,.,WORRE. ,U:,' SUbsc",bed.to.the WI,th,'", '"',S, trU,me"nt and"
.,.. eomrn~ #}4,21698;; acknowledged tQ.me that h<>laRe/e,. execuled
i ,.. NoIaryPubllC,,~! th~ s.ame:in h~r Buthorized
i ' &anDlego~~ d capacilY~, and that by. .t:Ustl:lerQir
. , .' .Mweomm.......Jun30. . signature@,on the instrument tlie persor1~ r
~ ,~..,_, :~ ;~ ":",:".;- '- -- ~ >>- -- the entity. 'upon behalf'of'whichthe person~
acted;, executed, the - instrument.
WITNESS'mY'hand~
~ .
Signature of Notary Public
OPTIONAL
Though the information below is riot required by law. it may pmvevaluable. to personsrelying on the document and could prevent
l' fraudulent removal and reattachment of this fom1'to'another document.
I ' " ~
Description of Attached Document
Title or Type of Document:GrQ{',~ ta.~f ~ ~LtJ'l::!;L.i)a.~
DocumentDate: Se ~L r!) CX) t..J Number of Pages: I 1)
Signe~(s) Other Than Named Above:
Capaclty(ies) Claimed by'SIgner
Signer's Name:'
0, individual Top at thumb here
o' Corporate Officer ~ Title(s): .1
o Partner - 0 Limited 0 General
O. Atlorney,in,Fact
G Trustee
o Guardian or Conservator
o Other'
Signer Is Repre?enting:
.,\.... ". c.
@1999Natlonal Notary Association. 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313 2~' www,nationalno!ary.o.rg Prod No. 5907 Reorder: Call TolI.Free 1'-800-876-6827
. .
9061
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: BRUCE A. SMART AND MARGARET S. SMART, HUSBAND AND WIFE AS
JOINT TENANTS
APN: 314-464-01
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 1 OFPOWAYMESA UNlTNO 1, 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 DECEMBER 03, 2002 AS FILE NO 2002-
1085028, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP NO. 6961,
THENCE ALONG THE EAST LINE OF SAID LOT 1 NORTH 000 30' OS" EAST 51.00 FEET
(RECORD NORTH 000 30' 57' EAST) TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET,
THENCE CONTINUING NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE
BOUNDARY OF SAID LOT 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 900 05' 15" AN ARC LENGTH OF 31.45 FEET,
DIENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 1 TANGENT TO SAID CURVE
NORTH 890 35' 10" WEST 59.51 FEET,
THENCE LEAVING SAID BOUNDARY OF LOT 1 AT RIGHT ANGLES SOUTH 000 24' 50" WEST
2.00 FEET,
DIENCE PARALLEL TO THE NORTH LINE OF SAID LOT 1 SOUTH 890 35' 10" EAST 59.51 FEET
TO DIE BEGINNING OF A TANGENT CURVE CONCA vB SOUTHWESTERLY HAVING A
RADIUS OF 18.00 FEET,
DIENCE,EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 05' 15" AN ARC LENGTH OF 28.30 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE SOUTII 000 30' 05"
WEST 51.00 FEET TO A POINT ON THE SOUTII LINE OF SAID LOT 1,
THENCE LEAVING SAID PARALLEL LINE ALONG SAID SOUTH LINE SOUTII 890 29' 55" EAST
2.00 FEET TO 1'HE POINT OF BEGINNING.
CONTAINING 281 SQUARE FEET MORE OR LESS
PARCELB TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 1 OF POW A Y MESA UNIT NO.1, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 6961,
FILED IN DIE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 09, 1971,
~
. .
AS DESCRIBED INDEED OF TRUST RECORDED DECEMBER 03, 200 AS FILE NO. 2002-
1085028, DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 OF MAP NO. 6961 DISTANt"
THEREON NORTH 890 29' 55" WEST 2.00 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT 1 NORTH 000 30' 05" EAST 51.00 FEET
(RECORD NORTH 000 30' 57'; EAST) TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 18.00 FEET;
THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 900 05' 15" AN ARC LENGTH OF 28.30 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO THE NORTH LINE OF SAID LOT 1 NORTH
89035' 10" WEST 59.51 FEET,
THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES NORTH 000 24' 50" EAST 2.00
FEET TO A POINT ON SAID NORTH LINE OF LOT 1,
THENCE ALONG SAID NORTH LINE NORTH 890 35' 10" WEST4.49 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FEET,
THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 1 AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 04019' 39" AN ARC LENGTH OF 1.51 FEET,
THENCE LEAVING SAID BOUNDARY OF LOT 1 SOUTH 000 24' 50" WEST 9.94 FEET,
THENCE AT RIGHT ANGLES PARALLEL TO SAID NORTH LINE OF LOT 1 SOUTH 890 35' 10"
EAST 65.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 10.00 FEET,
THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 05' 15" AN ARC LENGTH OF 15.72 FEET,
THENCE TANGENT TO SAID CURVE PARALLEL TO SAID EAST LINE OF LOT 1 SOUTH 000 30'
05" WEST 51.00 FEETTO A POINT ON SAID SOUTH LINE OF LOT 1,
THENCE LEAVING SAID PARALLEL LINE ALONG SAID SOUTH LINE SOUTH 890 29' 55" EAST
8.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,120 SQUARE FEET MORE OR LESS
SAID TEMPORARY <;:01-lSTRUCTIQNEASEMENT SHALL TERMINATE WITHIN 30 DAYS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED 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
~~2U /1v~...../- /b =-9
MICHAELSCHLUMPBERGER, PLS 7790 ATE
CURVE TABLE EXHIBIT uB" LINE TABLE.
CURVE DELTA LENGTH RADIUS UNE LENGTH BEARING
C1 8S'3S~D6" ' 29,87' 20,00 L1 9.94 NOO'24'SO"E
C2 90'OS'1S" 28,30' 18.00 L2 2.00 NOQ'24'SO"E
C3 90'OS'1S" 1S,72' 10.00 L3 4.49 N89"3S" O"W
C4 90'OS'1S" 31.4S' 20,00 AUBREY STREET
CS 419'39" 1.S1' 20.00
N 89'3s,10" W 64.00'
S9,S1'
........ N 1,l9'3S'10" W ..... S9.S1'
/ 'N
/v.... ,-l
N 89'3S'10" W 6S.S"
26'
e SCA1L 1--20
>- <(
u-J <( LO] -J 0
I ?: "0 0::
a> 14167 KENDRA WAY "0
<( ci C! >-
"' i'ii ~' i'ii
0:: "' l-
e w JVJAP No" 5951 z
z w w w
. ::::>
w "'
0 :::::?:
~ "0
t" I :::::?:
0 0
~I u
\j CI.""'- ~
I'O~ I' Q
""----- - - ~
N 89'29'SS" W 104.00' 2.00' ~
I I POB PCL "B"
DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
1,120 SQ. FT. MORE OR LESS NOlI. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
V///1 DENOTES AREA OF SOUNDWALL AND LANDSCAPE RECORD DATA,
ASSESSORS' PARCEL NO.. 314~464-0'
MAINTENANCE EASEMENT
281 SQ. FT. MORE OR LES,S CITY OF POWA Y
Right-Of-Way Engineering Services, Inc.
Land Surveying VESTING: BRUCE A. SMART AND MARGARET S. SMART,
4167 Avenida de la Plata Ste. 114 . Oceanside, CA 92056 HUSBAND AND WIFE AS JOINT TENANTS
(760) 732-1366 FAX (760) 732-1367 DATE: AUGUST 19, 2004
Drawing file name: comm314 464 Ol.dwg SHEET 1 OF 1
. , . .
, .
9064
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real proper;ty conveyed by the deed or grant
dated" September 1, 2004 from ~ruce A. Smart alld Margaret S Smarct. Grantor; ,t6 ;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 coriferred 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 CITY OF POWAY
Seal: By'