Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2004-0793311
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<& I r "")1' # 2004-079:3311
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REc;ORDING REQUESTED BY , 11l1li11111111111111111111111111111111111111111 11111111111111111111111
&p CITY OF POWAY
AUG 20 2004 831 AM
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~ WHEN RECORDED RETURN TO' ~"'Jj [,IEGO [I iUHT'1 FlU Uf:UEf=-:":. ,IFFI!.:T
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AJ"f' CITY CLERK DI= 1'1."
CITY OF POWAY f"".C,E", t,
POBOX 789 illliii 1111111111 IlIillllll IIII! 11111 III!I 11111 Ilill 11111 11111 1111111 1/111111111
POWAY, CA 92074
, DOCUMENTARY TRANSFER TAX $ 0 (For Recorder's Use Only)
Tax Parcel No 314-464~02
GRANT OF PERMANENT SOUND WALL, AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Maria Olivas and Dannv R. Olivas, Wife and Husband, As Joint Tenants hereinafter
"GRANTOR") hereby grants to CITY OF POWA Y, (hereinafter "GRANTEE"), its
successors, or assigns, the permanent sound wall and landscape maintenance
easement and incidents thereto f0rconstruction 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 excavati0nand embankment slopes within the limits of the herein described
easement, where required for the c()nstruction and maintenance of said sound wall In
addition,.theGRANTOR 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 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 gro~), and existing wall materials within said easement, together with the
right to use th-e" sanie 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 successors and assigns, hereby waives any
claim for any and all severance damages to GRANJOR's' remaining property contiguous
to the easement hereby conveyed by reason ofthe location, construction, landscaping
or maintenance of. said easement.
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The GRA,NTOR [lereby further grants to GRANTEE the right to temporarily enter and
constrLlcLn'ecessary, related improvements as part of the, proposed construction
process ThislTemporary. Construction Easement"as described in the attached Exhibit
'A' as Parcel B,. shalLbevalid only until the construction has been accepted by the
GRANTEE. After such time, the Temporary Construction Easement shall become null
and void
IN ,tiINESS WHEREOF, the GRANTOR has executed this a ement this ~ D day
of ll1J- ,2004
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(Signatures must be notarized)
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cALlFORNIAALL.PURPOSE ,ACKNOWLEDGMENT
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State of california, }
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County of f) leg c)
On ~1(jIl,.,t, '. Puhlic..
Dale
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personally appeared J
o personally known to me
~oved. to'me 'on the basis' of satisfactory
evidence ij
'1 fo be the .person@ whose name~:;sJ~"""'"-'
subscribed to. the. within instrument. ,and
:1 acknowledged to me that he4;Ae/@ exeCutiid
the s~me in ~r/~ 'a~thorized
J ~ - ;.;. - ^ -- - - ... - - - capacity@, and that by~r/t@
. SHERIltE.O"WORRELl signature~oii the instrument the persont:\i'll or J
_.' CClll\m~, #'1,421,",6~8 J the entity-upon behalf of which the person(O'
1 NoIQry PubIic..callIOIriIa t acted,executed'the.instrument. I
. , Sarl DIegO coui.ty
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Signature of Notary Public
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons.relyiflg onthe document and could prevent
fraudulent removal and reattachment of this form to another document.
I Description of Attached'Document ]
. TitleOrTypeOfDocument~mldL:f ~t~.h/l1d /./k t?~
Document Date, ?i' 0 {) &0. r::J004 ' Number of Pages, ' ' :
1 .J
:Signer(s) Other Than Named Above,
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_.Capadty(ies)'Claimed byiSigner
Signer's Name: ,1
I
o Individual Top of thumb here 'l
o Corporate Officer - Title(s),
O' Partner. - 0 Liinited O'General
o Atforney,in,Fact
o Trusiee
I. 0 Guardian or Conseivator
o Other; I
I
Signer Is Representing:
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Q 1999 National Notary Ass:x:iation . 9350 De Solo Ave., P.O, Box 2402' Chatsworlh, CA 91313-2402' www.nationalnotiuy.orgProd.No. 5907 Reorder: Call Toll-Free '-800.876-6827
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, EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: MARIA OLIVAS AND DANNY R. OLIVAS, WIFE AND HUSBAND, AS JOINT
TENANTS
APN: 314-464-02
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 2 OFPOWAYMESA UNIT NO. 1, IN THE CITY OFPOWAY, 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 FEBRUARY 11,2003 AS FILE NO 2003-
0158682, DESCRIBED AS FOLLOWS.
THE EAST 2.00 FEET OF SAID LOT 2 OF MAP NO. 6961, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 120 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 2 OF POWAY MESA UNIT NO. t, 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 DESCRJBED IN DEED OF TRUST RECORDED FEBRUARY 11, 2003 AS FILE NO 2003-
0158682, DESCRIBED AS FOLLOWS.
THE EAST 10.00 FEET OF SAID LOT 2 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:
CONTAININGA80 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 DESCRJPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
4~Z~ Jth1~ z-f J ZOO'l
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
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EXHIBIT ctB"
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SCAlE 1-.""20
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N 89'29'55" W 104.00' 2,00'
II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT
480 SQ. FT. MORE OR LESS
NOTE. ALL DIMENSIONS SHOWN
V///l DENOTES AREA OF SOUNDWALL AND LANDSCAPE HEREON ARE COMPILED FROM
MAINTENANCE EASEMENT RECORD DATA.
120 SQ. FT. MORE OR LESS ASSESSORS' PARCEL NO.. 314-464-02
Right-Of-Way Engineering Services. Inc. CITY OF POWA Y
Land Surveying
4167 Avenida de ia Plata Ste. 114 . Oceanside, CA 92056 VESTING. MARIA OLIVAS AND DANNY R. OLIVAS, WIFE
,(760) 732-1366 FAX (760) 732-1367 AND HUSBAND, AS JOINT TENANTS
Drawing file nome: comm314-464-02.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: July 20, 2004 from Maria Olivas and Danny R. Olivas, Grantors, 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 POWA Y
Seal: ~,.Q.{;U ~.~Zh liJ Qf)
SherrieD Worre I, Deputy City Clerk
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