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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 fw 14 -00 i _ oil . _._ r__ �.VimensW.av[r 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 ' m COMDR. x1305218 � 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 c ' -`..'ti GURDIAL GILL . �O COMM. H1305216 � V` 0 - NOTARYPUBLIC- CALIFORNIA -i m -. a saN aEaocourrrY m ,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 c 0 0 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� "m2m cAMMOPERltr� psmewa arr•aaa�cr teso, EWR isa(IWGh 27M (aE)"E t WQI�R'.$rii(.SS 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