Encroachment Extinguishment and Removal Agreement 2017-0043297DOC# 2017-0043297
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Jan 27, 2017 11:03 AM
OFFICIAL RECORDS
RECORDING REQUESTED BY Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
CITY OF POWAY FEES. $0.00
AND WHEN RECORDED MAIL TO, PAGES. 4
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
(PHIS SPACE FOR RECORDER'S USE)
APN None
ENCROACHMENT EXTINGUISHMENT AND REMOVAL AGREEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
THIS ENCROACHMENT EXTINGUISHMENT AND REMOVAL AGREEMENT (hereafter, the
"Agreement") dated for reference purposes as of the 1� day of -!2017, is entered into in
between Cricket Communications. LLC., a Delaware limited liability compan,, hereafter referred to as
"Licensee," and the City of Poway, a Municipal Corporation, hereinafter referred to as "Owner "
WHEREAS, Owner is the owner of record of that certain real property (hereafter, the "Property")
described as the Public Right -of -Way along the south side of Espola Road, approximately 75 feet east of the
Valle Verde Road centerline, in the City of Poway; and
WHEREAS. Licensee and Owner have entered into that certain Master Communications Site
Encroachment Agreement dated November 14, 2006 (the "Master License") and various permits and approvals
issued by Owner affecting said real property; and
WHEREAS, Licensee's license and permits for certain locations under the Master License have been
terminated by the parties, and it is the mutual desire of the parties hereto that Licensee's license and permits be
extinguished and all improvements constructed by Licensee be removed to the satisfaction of Owner; and
WHEREAS, it is the mutual intention of the parties that this Agreement document such extinguishment
and acknowledge such removal, and upon recordation clear the title of Owner from the cloud of any
encumbrance in favor of Licensee thereon.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
Extineuishment. Any and all licenses, encroachments, or other rights of Licensee in any form
(whether recorded or unrecorded) or of any nature whatsoever, in or affecting the Property, are hereby
unconditionally and irrevocably extinguished. Licensee does hereby remise, release, and quitclaim to
Owner all right, title and interest it may have in and to the Property
2. Removal. Licensee unconditionally and irrevocably covenants that within thirty (30) days of the date
of this Agreement it shall remove or cause to be removed all personal property, equipment, fixtures,
1-1-010
i
and encroachments on the Property to the reasonable satisfaction of Owner Any personal property or
equipment remaining on the Property after the 30", day following the date of this Agreement shall be
deemed abandoned by the Licensee and Owner is hereby authorized to remove and dispose such
personal property or equipment in such manner as it shall deem appropriate. In the event that Owner
removes any personal property or equipment in accordance with this paragraph 2 Licensee hereby
covenants to reimburse the Owner for all reasonable costs of removal as set forth in section 2.8 of the
Master License, and expressly waives, and releases Owner from, any claims for loss or damage
Licensee may have caused by such removal.
3. Binding Effect. It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors and assigns of each of the parties hereto.
4 Governing Law This Agreement shall be governed by the laws of the State of California.
5 Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity and enforceability of the remaining
provisions shall not be affected thereby
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning
the extinguishment and removal of all of Licensee's rights and encroachments to and upon the
Property
IN WITNESS WHEREOF the parties have executed this Agreement on the dates set forth hereinafter
The St y of Powa��
By Tina White, its City Manager
(signature must be notarized)
?itke Cmntnunications. LLC. (\ _
By Vict is Forbes. Senior Manager
(signature must be notarized)
s t► -e ' S,4N -Z3 0
Date: / • 19 -17 -
Date:
V17 -
Date: I I to I U), tL
California All -Purpose Acknowledgment CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On January 18, 2017 before me, Carol S. Legg, Notary Public, personally appeared Tina
White, who proved to me on the basis of satisfactory evidence to be the person(-,) whose
names) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(Q on the instrument the person, or the entity upon behalf of which the persons}
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
---------------
CAROLS. LEGG
Commission/2105416
Notary Public • California -
San Diego County
Comm Expires Apr 28, 2019 r
OPTIONAL
d4u 4j
Carol S. Legg, Notarjr(P'ublic
Title or type of document: Encroachment Extinguishment and Removal Agreement, Cricket
Communications. No APN.
Document Date- January 18, 2017
Number of Pages:
Signers Other Than Named Above:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verities only the identity of the Individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of SAN DIEGO
On r TP VA" lO, d,01-7 before me, MICHELLE S. MALONZO, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared VICTORIA FORBES
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personM whose name(s) is/,?(e
subscribed to the within instrument and acknowledged to me that Wshe/*&y executed the same in
Ather/tAr authorized capacityW), and thatby h(s/her/tWr signature(s)'on the instrument the person(a),
or the entity upon behalf of which the person;acted, executed the instrument.
MICHELLES. MALONZO
Comml Cn O 2095820
Notary Public - California
San Diego County
COMM.01 Expires Jan 30, 2079+
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature f(cPll�
Signature of Nbiary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Encroachment Extinguishment and Removal Document Date: TBD
Number of Pages: —a, Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: VICTORiAFORBES
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
0 Other- SR MGR CORP REAL ESTATE
Signer Is Rresenting: CRICKET
ESA52 2190
Signer's Name:
❑ Corporate Officer —
❑Partner — ❑Limitec
❑Individual 0
❑Trustee ❑Q
❑ Other /
Signer Is Repr
Title(s):
in Fact
or Conservator
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