Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0793312
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RE90RDING REQUESTED BY ): 11IIi11 11111111111111111111111111111111111111111111111111111111111111
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f0 CiTY OF POWAY ) AUG 20. 2004 8'31 AM
) IJr.FICI.,:,:"l. F!fCUF1[i':,
WHEN RECORDED RETURN TO' ) d'l [IIE:.ll-1 uJUN f'l f=-:EI nF-,[.IEFi.': OFFICE
(p~ ;.ir:ECim~;, I -,iAITH I Ci! !I') f',1 F:ECOF:[IEF:
) FE" u.UD
~ftY CITY CLERK ) UL. II.c
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CITY OF POWAY ) !IIII!I 1111111111111111111111111 11111 1111111111 11111111 1111111111111111111111111
()0 POBOX 789 )
rJf' POWAY, CA 92074 )
DOCUMENTARY TRANSFER TAX $~ (For Recorder's Use Only)
Tax Parcel No. 314-572-66
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRl:.ICTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Eric Adrian Shute and Georqia Ann Shute, Husband and Wife 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 ofa 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
extencj excavation and embankment slopes within the .Iimits of the herein described
easement, where required forthe construction and ma)~tenance of said sound wall. In
addition, the GRANTOR hereby further 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 arid 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), and existing wall materials within said easement, togetherwith the
right to use the same in such manner and at such loc,ations 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 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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The GRANTOR hereby further grants to GRANTEE.the right to temporarily enter and
constru.ct neces!:;ary related improvements as part oHh'e proposed construction
process. This l'emporary 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 WITNESS WHEREOF, the GRANTOR has executed this Easement this S day
.of Au,c..u.l r ,2004 ~~
&u Aot.~~
Eric Adrian Shute
~aJ ~.sw...L
Georgia An hute
(Signatures must be notarized)
M:\engserv\cip\Easements\Community,Rd Sound Wall.Easements\Community Rd.SoundWall easement_Shute. doc
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/' cALlFO~NI~ ALL,PU,RPQSE:A<:!<,NOWLEDGMENT
State of California }
0_ 1\ ss.
County of \..;.Uf) U ie30
On ~U5t .5.~Cv4 before me, ~, 'c,
Date .' ,', (l"NameandTitleD'Offi~er\e.- ,"Jane Doo,NotaryPublic")
personally appeared CR.! e Aie.~ f) and IVrli1a. M(\ Shute
Name(s)" ,goer(s)
D personally known to me
~roved 'tome on the basis of satisfactory I
I evidence
to be th.e persa~ whose name@ i~
subscribed to the within instrument and
1- ~ -"..,... "',,-,,'i - "t" -, -I aCknoWled9,e-dito.rileth,at,~'., exe,c,uted
. .."D..WOIlllEU, the same in hieIkef~- authorized
_ . Comm~#1421,l>98, . capacity~, and that by h~/~
, PutlIIc-C_ ' . .
i, ~ ~ - " ;, sl~natur ,on:the Instrument,the perso~"or
t, MYComm.~=f~I~:~ the entity upon behalf of which thepersor(S)> ,I
__ _ _ __ __ _ ._ _,.~ __ __, . acted, executed the Instrument.
I WITNESS:Y h~
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f - Signalureol Nolary Public
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OPTIONAL
Though the information below is not required by law, it may prove valuable to personsielying on the document 8/id could prevent 1
fraudulent removal and reattachment of this form to another document. I
Description of Attached Document
Title or Type of Document:~ tJ,<JMjOJ -J-. CommZlJllrt,1 i1J (~ iluiJ I
Document Date: -he" ' .<-/ Number of Pages: 4
Signer(s) Other Than Named Above:
'Capacily(ies) Claiined~ by Signer
Signer's Name:
o Individual Top of thumb here
D Corporate Officer - Title(s):
D Partner - D Limited 0 General
D Atlorney-in,Fact
D T ruslee
D Guardian or Conservator I
D Other'
.Signer Is Representing:
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e , 999 National Notary Association. 9350 De Solo Ave.. P,O. Bo~ 2402' Chatsworth, CA 91313-2402 . www,nalionaJnolaryorg Prod. No. 5907 Reorder: Call Toll-Free '-800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: ERIC ADRIAN SHUTE AND GEORGIA ANN SHUTE, HUSBAND AND WIFE
APN' 314-572-66
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 179 OF LAS CADENAS UNIT NO.3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THEMAP THEREOF NO 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN DEED OF TRUST RECORDED AUGUST 08, 2002 AS FILE NO 2002-
0672258, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 179 OF MAP NO 7567, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 610 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 179 OF LAS CADENAS UNIT NO.3, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TIlE MAP THEREOF NO. 7567,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1973, AS DESCRIBED IN DEED OF TRU~T RECORDED AUGUST 08, 2002 AS FILE NO 2002-
0672258, DESCRIBED AS FOLLOWS.
THE EAST 22.00 FEET OF SAID LOT 179 OF MAP NO. 7567, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 10.00 FEET AS
DESCRIBED IN PARCEL A ABOVE.
CONTAINING 732 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
ATI ACHED, HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN Pll,EPARED BY ME, OR UNDER MY
DIRECTION; IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
~2d w"~ 14, ;?Po'"
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
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EXHIBIT uBn
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SCAl[' ,,1--20'
N 89'54'22" W 118.08'
- - - - - -
12.00' ,
W 0
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10 10
I w 13815 OUVE GROVE PL >-
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'" ..., MAP NO" 7567 N, N
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- - - - - - '12.00' ,
N 89'54'22" W 118.08'
I I DENOTES AREA OF TEMPORARY CONSTRUC~ON EASEMENT
732 SQ. FT. MORE OR LESS
V///",l DENOTES AREA OF SOUNDWALL AND LANDSCAPE
MAINTENANCE EASEMENT NOTE. ALL DIMENSIONS SHOWN HEREON
610 SQ. FT. MORE OR LESS ARE COMPILED FROM RECORD DATA
ASSESSORS' PARCEL NO.. 314-572-66
Right-Or-Way Engineering Services, Inc. CITY OF POWAY
Land Surveying
4167 Avenida de la Plata Sle. 114 . Oceanside, CA 92056 VESTING. ERIC ADRIAN SHUTE AND GEORGIA ANN SHUTE,
(760) 732-1366 FAX (760) 732-1367 HUSBAND AND WIFE
Drawing file name: comm314-572-66.dwg
DA TE. JUNE 1, 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 August 5, 2004 from Eric Adrian Shute and Georgia Ann Shute, 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' August 10, 2004 CITY OF POWAY
Seal' BY~f2I"~f ~
Sherrie D, Worrell, Deputy City Clerk