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Home My WebLink About2009 CON (STREET EASEMENTS) Various - Plaza Blvd Street Wideningr carding requested by: <, ICfi+CO TITLE COMPANY .RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 q 2 2»331-Q1 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY A P N : 557-250-47 DOC # 2009-0266675 11111 IIIII II MAY 20, 2009 8:00 AM OFFICIAL RECORDS B.AN DIET O COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 1111111 IIIII IIIII IIIII III11 u111 n111 IIIII IIIII II11I IIIII IIIII IIIII IIIII IIII 111 -3 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) 1796 TEMPORARY CONSTRUCTION EASEMENT /e- DOCUMENTARY TRANSFER TAX $ For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HALLE PROPERTIES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS SUCCESSOR IN INTEREST TO HALLE-VON VOIGTLANDER, A MICHIGAN GENERAL PARTNERSHIP, A MICHIGAN GENERAL PARTNERSHIP, ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking Tots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. The Grantor, for the Grantor and Grantor's successors and assigns hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation or landscaping of said transit station on or adjacent to the Easement. 1797 IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this Sday of , 2009. Dated: 3 - 2 ) =U , GRANTOR: HALLE PROPERTIES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS SUCCESSOR IN INTEREST TO HALLE-VON VOIGTLANDER, A MICHIGAN GENERAL PARTNERSHIP name: James Silhasek It's: Agent Dated: By: Print name: It's: State of ARIZONA ) County of MARICOPA) On March 25, 2009 before me, Stephanie Helfman, Notary Public, personally appeared James Silhasek, personally known to me -OR- proved to me of the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary OFFICIAL SEAL STEPHANIE HELFMAN NOTARY PUBLIC • State of Arizona MARICOPA COUNTY My Comm. Expires Feb. 19, 2010 CAPACITY CLAIMED BY SIGNER - INDIVIDUAL(S) - CORPORATE OFFICER(S) 1798 - PARTNER(S) - ATTORNEY -IN -FACT - TRUSTEE(S) - SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR - OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document TQ qo . cor t w. �a saw" Number of Pages Co Date of Document 311.--5/ 04 Signer(s) Other Than Named Above CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated 17 9 9 3 -25 -09 , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 20d9 - LL , dated `i-7-05 , and the Grantee consents to the recordation thereof by its duly authorized officer. Date: 5 — 7 , 2009 h IA Michael R. Della City Clerk City of National City EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-47 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12554, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1983, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 57°28'34" WEST 281.88 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 78°46'27" WEST (NORTH 79°47'01" WEST PER SAID PARCEL MAP) 168.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 11°13'33" EAST 23.50 FEET; 3. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 34.55 FEET; 4. THENCE SOUTH 11°13'33" WEST 18.45 FEET; 5. THENCE SOUTH 78°05'55" EAST 66.74 FEET; 6. THENCE NORTH 10°54'16" EAST 5.24 FEET; 7. THENCE SOUTH 78°46'27" EAST 5.68 FEET; 8. THENCE NORTH 11°13'33" EAST 6.50 FEET; 9. THENCE SOUTH 78°46'27" EAST 49.03 FEET; 10. THENCE SOUTH 11°30'10" WEST 6.50 FEET; 11. THENCE SOUTH 78°46'27" EAST 12.06 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; 12. THENCE ALONG SAID EASTERLY LINE SOUTH 11°07'41" WEST 9.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.048 ACRES, MORE OR LESS. 1800 LEGEND T.P.O.B. P.O.B. A PM 19627 PAR, 2 /co / 1 ACPB EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SEWER EASEMENT REC. 10/7/74 AS FILE NO. 74-269104 O.R. PM 12554 PAR, J 557-250-47 PLAZA AL S68 £ ` TABULATED LINE DATA UNE BEARING LENGTH Lt S 78'05'55* E 66.74' L2 N 10'54'16" E 5.24' L3 S 78'46'27* E 5.68' REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: 68. DATE: 4-24-08 DATE: 5-27-08 DATE: T.P.O.B: TOE �9 41' PM 3114 PAR, B PM 5574 PAR, 2 • / \• \` P.O.B. CP7 NATIONAL CITY TEMPORARY CONSTRUCTION EASEMENT APN 557-250-47 HALLE-VON VOIGTLANDER 1"=50' DOC. NO. DWG. NO.