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Encroachment Extinguishment and Removal Agreement 2017-0043296DOC# 2017-0043296 I IIIA 111111111111 IN 11111111111 IN IIIII1110II INI 111111 Jan 27, 2017 11:03 AM OFFICIAL RECORDS RECORDING REQUESTED 131' Ernest J. Dronenburg, Jr., CITY OF 1'OWAY SAN DIEGO COUNTY RECORDER FEES: $0.00 AND WHEN RECORDED NIHIL TO: PAGES: 5 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 (TI IIS SPACE FOR RECORDER'S USE) A PN • 323-491-05 ENCROACHMENT EXTINGUISHMENT AND REMOVAL AGREEMENT The undersigned grantor(s) declares: Documentary Transfer Taxis $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) THIS ENCROACHMENT EXTINGUISHMENTAND REMOVAL AGREEMENT (hereafter, the "Agreement") dated for reference purposes as of the IP„`day of qA Ad 2017, is entered into between CricketCommunications, LLC- a De la ware I i m i ted I i ab i I i ty compa ny,'fiere ereinafterreferredtoas "Tenant," 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 described as Beuhler Reservoir and as legally described in Exhibit A attached hereto (hereafter, the "Property"); and WHEREAS, Tenant and Owner have entered into that certain Lease Agreement dated October 17 2006 (the "Lease") and various permits and approvals issued by Owner affecting said real property; and WHEREAS, Tenant's lease and permits for certain locations under the Lease have been terminated by the parties, and it is the mutual desire of the parties hereto that Tenant's lease and permits be extinguished and all improvements constructed by Tenant be removed to the satisfaction of Owner; and W HER EA S. it is the mutual intention of the pan ies 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 Tenant thereon. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS Extinguishment. Any and all leases, licenses, encroachments, or other rights of Tenant in any form (whether recorded or unrecorded) or of any nature whatsoever, in or affecting the Property, are hereby unconditionally and irrevocably extinguished. Tenant does hereby remise, release, and quitclaim to Owner all right, title and interest it may have in and to the Property 2. Removal. Tenant 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, and encroachments on the Property to the reasonable satisfaction of Owner Any personal property or equipment I-1-009 remaining on the Property after the 301" day following the date of this Agreement shall be deemed abandoned by the Tenant 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. Tenant hereby covenants to reimburse the Owner for all reasonable costs of removal as set forth in section 6 of the Lease. and expressly waives, and releases Owner from, any claims for loss or damage Tenant may have caused by such removal. 3. E3indingEffect. It is understood and agreed that the covenants herein contained shall bebindingonthe 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 Tenant s rights and encroachments to and upon the Property IN WITNESS WHEREOF the parties have executed this Agreement on the dates set forth hereinafter I'h-'ty of Pott a} By Tina White, its City Manager (signature must be notarized) Crieke Communications, LLC. By (Icta rbe . Sr NTanager (signature must notarized) 51i_e' 5AnJ-2_42 Date: I, N/- /7. Date: t 10 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(6) whose name(&] is/ace subscribed to the within instrument and acknowledged to me that 4e/she/9 ey executed the same in kis/her/t+eic authorized capacity(ies), and that by ]tis/her/their signatures on the instrument the person(&), or the entity upon behalf of which the person(-&} 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. CAROL S.LEGG Commission # 2105416 ja Notary Public • Catllornl3 Z San Diego Courcy MY Comm. Ealm Apr 29, 2019 r t' Carol S. Legg, Notary Public OPTIONAL Title or type of document: Encroachment Extinguishment and Removal Agreement, Cricket Communications. APN 323-491-05 Document Date: January 18, 2017 Number of Pages: Signers Other Than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE M \ i 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 _t7,,0wt/,9 2Y /D, dol'7 before me, MICHELLE S. MALONZO, NOTARY PUBLIC Date Here Insert Name and Trtle 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 person whose namaW is/4rt3 subscribed to the within instrument and acknowledged to me that ltib/she/tttey executed the same in hWher/their authorized capacity(igs), and that by bK/her/tpdIr signature(s) on the instrument the personK or the entity upon behalf of which the personX acted, executed the instrument. MICHELLE S. MAWNZO Cammbalon s 2Q1M820 Novy Pllbfie • C1II1101Na Ban 01W Caagy Comm, hn SO Y01si 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 seat. Signature u!�Ib CA1fCCl Signature of N41ry 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 Tdle or Type of Document: Encroachment Extinguishment and Removal Document Date: TBD Number of Pages: �9— Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: VICTORIA FORBES ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator m Other' SR MGR CORP REAL ESTATE Signer Is Representingy CRICKET t3EUti I.Fk, KE.S -2V01 Signer's Name: E] Corporate Officer — ❑Partner— ❑Limited ❑ Individual ❑ At ❑ Trustee ❑ ❑ Other ZP Signer Is Repr ting: in Fact or Conservator .yq � ,w ,P✓P _ Pb w0.4 Wr4��.�a.ti�..�ei..N iihv EXHIBIT A That portion of Parcel I of Parcel Map No. 18003 in the City of Poway, County of San Diego. State of California, filed in the office of the County Recorder of San Diego County, March 31, 1998, described as follows: Beginning at the most Southeasterly corner of said Parcel I, thence Northerly along the Easterly boundary of said Parcel I North 01 °31' 13" East, 124.56 feet. thence continuing along said Easterly boundary North 01133'14" East, 591.39 feet, thence leaving said Easterly boundary North 88°26'46" West. 211.00 feet; thence South 0715'42" West. 573.05 feet to an angle point on the Southwesterly boundary of said Parcel I, thence along said Southwesterly boundary South 49° 11 00" East. 134.94 feet; thence continuing along said Southwesterly boundary, South 68° 12100" East, 174.36 feet to the Point of Beginning.