Notice of Consent to Use Land 2004-0358099•
RECORDING
RFQUESTEDBY UUIr fF LU4J4"IJJU�fU�7
AND WHEN RECORDED MAIL TO: APR 23"'
2004 X1:1-1 AM
Wausau W: Webb ffFlit IE=
14825 Mina' De Oro SM BIM C 11P RIi7M'S WI CE
Poway, CA 92064 goo J. gal LUI@lly RF1cm
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NOTICE OF CONSENT TO USE LAM
NOTICE IS HEREBY GIVEN, putsuapt to Section 813 of the Civil Coda as follows_
a T und" signed is the holder of record tide Willie* land desm1W as follows:
See attacl ed Exhibat "A"
b. 'ho right of the public or any person to make any use whatsoever of the above described
land or any portion thereof (m1a�r than any use
espressty allowed by a written or m=rded map,
813; and, ,deed or dedicxEon) is by p=ussw% and subfea to conhol, of owner, Civil Code section
813; and, :
I This consent isertrriSSrve only, andmay the i n accordance with law- uniletsrg�aed at anytime Dated: April n 2004 z bb
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On this I. day of April. 2004, before me, C uA�� rp Fir allotary
Public in and for the State of Califamia, personally appeared Warm W. Webb, perWnqHy4en&wn-to
me fdiproved to we on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within iustrumeut and admowledged to me that he executed the same m his authorized capacity,
and that by his signature on the instmmuem the person, or the entity upon behalf of which the person
acted, execttied the insoutnenL
W rrNESS my hard and official scal.
Signature .. _ z,..i
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m
COMDR. x1305218
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My commispion expires dL. , is
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On rt Fs �L -, before me,
DATE
61u, NOTARY PUBLIC,
personally appeared u7e�Es
NAME OF SIGNER
NOTARYSEAL
proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that by
his signature on the instrument the person or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
The information below is not required by taw, however, it may prove valuable to persons relying
on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
❑ PARTNER ❑LIMITER
❑GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE
n GUARDIAN /CONSERVATOR
E] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED
DOCUMENT
T E OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
M MALE V 4
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GURDIAL GILL
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COMM. H1305216
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NOTARYPUBLIC- CALIFORNIA
-i
m
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saN aEaocourrrY
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,1 T •�
My Comm. Eyires JUre �P.2M5
NOTARYSEAL
proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that by
his signature on the instrument the person or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
The information below is not required by taw, however, it may prove valuable to persons relying
on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
❑ PARTNER ❑LIMITER
❑GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE
n GUARDIAN /CONSERVATOR
E] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED
DOCUMENT
T E OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
M MALE V 4
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April 7, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Menachem and Peggy L. Shoval
13801 Adrian Street
Poway, CA 92064
Re: Permissive Access
Dear Mr. and Mrs. Shoval:
Enclosed please find a copy of the Notice of Consent to Use Land, which was recorded at the
San Diego County Recorder on April 22004. The primary purpose of recording this document and
providing you with a copy is simply to avoid any future claim of prescriptive easement to use our
property for your ingress and egress.
Sincerely yours,
djk
Enclosure
K-k-k- Y-
4�
Dennis J.
Keena
Karen S.
Keena
djk
Enclosure
K-k-k- Y-
John J. VxTiOe
04C.I.,
February 9, 2006
Mr. Menachem Shoval
13801 Arkin Street
Poway, California 92064
t6l7piuttz%jt
Mr. Shoval:
s
i
YW',Y,3 TA�1-1 OF GENERAL SERVICES
OVERLAN • AVENUE. SAN DIEGO,
PRDJEM�
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Per your request Real Estate Services has resmiched the current and historic status of Mina De Oro Road
North of Poway Road to your parcel APN 321 - 111 -24- Per the records you provided, it is clear that Mina: De
Oro was a portion of the Old Road from Santa Maria to Poway and lakeside. This road was petitioned to be
accepted into the County Road system and accepted by the Board of Supervisors on March 12, 1888. Upon
incorporation into the County Road System the Road was known as "County Road D-9", "County Road D -9-
1" or "Poway to Mount Woodson Road_ Our records noted that in 1945 Poway Road was realigned and on
August 23, I948 the Board of Supervisors vacated the County's interest in what is now Mina De Oro from the
realigned portion of Poway Road, RS 4T, to the Southeaster Quarter of the Northwest Quarter of Section 4
T14 S RI W (from Poway toad to your Northerly property line)- In 1976 the County recorded an Irrevocable
Offer of Dedication over what appeared to be the Southerly 1000 feet of the historic alignment of Mina De
Oro - In 1981 the City of Poway Incorporated taking in the area in question Subsequently, The City of Poway
recorded a Pedestrian and Equestrian easement through APN 321- 111 -24 (y(ur Parcel) descrihirg the location
of the easement as lying along Old County Highway Planning Survey Road 139-1 (known as Mina de Oro
Road) -
In Conclusion. Evidence of a historic public road appears to eitist along the Mina De Oro Road alignment- In
the 1948 Vacation the C( ur- - enctin�arr:d ed the rights h had acquired. in 1888 - Yet the road appears to have
been open to the public prior to the County Additional}, per your records, the Mina De Oro _Road
appears to have used by the public coMmually- umtd the road was blocked with boulders and gated this year -
Real Estate Services Staff agrees with your argument that Banshaw v_ Long Valley Road. Assoc_ (July 31,
1997 C(P-34M) where public rights of access were upheld appears to address a similar situation Additionally
our staff noted that your We policy accepted the right of the public to D-9 -1 through your property_
As for the obstructions to your access, and legally establishing your access title; an attorney should be
consulted to initiate a restraining order on those obshuctiug youur acrxss and a quiet title action to resolve any
questions reganling
access-
If any of our staff can be of any additional assistance please call-
Bill Ring, PLS - Tom Barrington, PLS
General Services
Real Estate Services
Engineering Section