Encroachment Extinguishment and Removal Agreement 2017-00432955p
DOC# 2017-0043295
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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: 5
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY. CA 92074
(TI IIS SPACE FOR RECORDER'S USE)
A PN: 314-371-21
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 18' day of pa y 2017, is entered into
between Cricket Communications, LLC., a Delaware limited liability cont, hereinafter referred to as
"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 Sagecrest 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
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 ofTenat thereon.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
Extineuishment. Any and all leases, 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 remaining on the Property after the 301" day following the date of this Agreement shall be
Il —Oo
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 Bindin ,, 6� 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. '['his 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 W ITN17SS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter.
The ��odtQ'
Date:
By Tina White, its City Manager
(signature must be notarized)
Crirke ommunications. LLC.
By VicUd rorbe-s. Senior Manager
(signature must be notarized)
5 . S �,N - 'zLf
Date: I C) ztx
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(O whose
nameks} is/afe subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in lois/her/their` authorized capacity(ies), and that by bis/her/theif
signaturets4 on the instrument the persont0, 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.
CAROL S. LEGG
Commission • 2105416 /7
Notary Public • California,
San Olego County
Comm. Ires A r 28, 2019 Carol S. Legg, Nota u lic
OPTIONAL
Title or type of document: Encroachment Extinguishment and Removal Agreement, Cricket
Communications. APN 314-371-21
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 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 Califomia
County of SAN DIEGO
On i_1n /(/l9l1.y /Or aof7 before me, MICHELLE S. MALONZO, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared VICTORIA FORBES
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person() whose nameW is/a;;
subscribed to the within instrument and acknowledged to me that P&She/thA executed the same in
prs/her/thXr authorized capacity(" and that by bf5/her/thgif signaturej6) on the instrument the personal.
or the entity upon behalf of which the personA 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.
MICHELLE S. MALONZO WITNESS my hand and official seal.
Commission 0 2095520 =
_ Notary Public • CalNofnla
Sm ofto County Signature!
CIImItL Ei Ira Jan so 2019
Signature Notary Public
Place Notary Seal Above
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: En_ croachment Extinguishment and Removal Document Date: TBD
Number of Pages: —L3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: VICTORIA FORBES
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
0 Other' SR MGR CORP REAL ESTATE
Signer Is ReFre��enting: CRICKET
cS> c�csr R&_5e ✓yr/V
Signer's Name:
❑ Corporate Officer —
❑Partner — ❑Limited
❑Individual
❑Trustee I
❑ Other
Signer Is Re
in Fact
or Conservator
EXHIBIT A
All that portion of the North half of the Southeast Quarter of Section 2,
Township 14 South, Range 2 West. San Bernardino Base and Meridian, in the
City of Poway, County of San Diego, State of California, according to the
Official Plat thereof described as follows:
Commencing at a point on the Easterly line ofCounty of San Diego Tract 3461-
7 according to the Map thereof No. 8885 filed in the Office of the Count),
Recorder of said San Diego County lune 7.'1978, distant thereon South
0°49' 16' West 281.96 feet from the Northeast corner thereof- thence North
86°58'26' East 182.75 feet: thence South 43°00'20" East 209.83 feet: thence
South 24°27' 19" East 248.55 feet: thence South 12°23 18" East 402.18 feet:
thence South 04° 12'02" East 178.28 feet to a point herein after referred to Point
A" thence North 85°47'58" East 54.20 feet to the beginning of a tangent
350.00 foot radius curve. concave Northwesterly thence Northeasterly along the
arc ofsaid curve. through a central angle of 33°43 53" a distance of 206.05 feet;
thence tangent to said curve. North 52°04'05" East 65.08 feet to the beginning
of a tangent 350.00 foot radius curve, concave Southeasterly thence
Northeasterly along the arc of said curve. through a central angle of 30°00'28" a
distance of 183.31 feet: thence tangent to said curve. North 82°04'33" East
530.42 feet to the beginning of a tangent 200.00 foot radius curve concave
Northwesterly; thence Northeasterly along the arc of said curve, through a
central angle of 23°29'58' a distance of 82.03 feet, thence tangent to said curve,
North 58°34'35' Bast 49.32 feet: thence North 26°00' 17" East 24 12 feet to the
True Point of Beginning; thence North 63°57'49" West 268.90 feet: thence
North 26002'l I" East 200.00 feet. thence South 63°57'49" Last 300 00 feet:
thence South 26°02' 11 West 200.00 feet; thence North 63°57'49" West 31 10
feet to the True Point of Beginning.
Excepting therefrom that portion of said land conveyed to Standard Pacific. L.P
more particularly described in that certain Decd recorded June 10 1991 as
Instrument No. 275809 of Official Records.