Encroachment Extinguishment and Removal Agreement 2017-0043294O
RECORDING REQUESTED I3Y
CITY OF POWAY
AND WHEN RECORDED MAIL TO,
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN- 317-680-39
DOC# 2017-0043294
111111 IIII I IIII IIII II II 111111 I ISI I lal IIII I IIII I IIII II01 IIII II II
Jan 27, 2017 11:03 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES.4
(TI -IIS SPACE FOR RECORDER'S USE)
ENCROACHMENT EXTINGUISHMENT AND REMOVAL AGREEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R 6 T Code 11922 (conveyance to a Government Agency)
'PHIS ENCROAC14MENT EXTINGUISHMENT AND RE3MOVAL AGREEMENT (hereafter, the
"Agreement") dated for reference purposes as of the � day of 2017, is entered into
between Cricket Communications, LLC., a Delaware limited liability co any, 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 (hereafter, the "Property")
described as Celestial Reservoir located at 13750 Celestial Road, Poway, CA 92064, APN 317-680-39; 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 of Tenant thereon.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
Extinguishment. 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
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 30" day following the date of this Agreement shall be
1-1-00-1
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. 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. Governin f 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 ofall 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
The y of 1'ot
By Tina White, its City Manager
(signature must be notarized)
Cric inmunications. LLC.
By Vict ri Forbes, Senior Manager
(signature must be notarized)
s�� :5AnJ -'2-4
Date: /' /9 t
Date: l�
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(54 whose
name(s) is/are subscribed to the within instrument and acknowledged to me that be/she/obey
executed the same in bis/her/Sbeif authorized capacity(ies), and that by bis/her/theif
signatures) on the instrument the person(&), or the entity upon behalf of which the person(sa
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 I
Commission121054ni ` LO'
�
Notary Public
PuDIIc • California Z
Sun Diego County
Come. EiVres Aprte 2019+ Carol S. Legg, Notaly Ablic
OPTIONAL
Title or type of document: Encroachment Extinguishment and Removal Agreement, Cricket
Communications. APN 317-680-39
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 vermes 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 VAII)A.Y /Q. 20/1 before me, MICHELLE S. MALONZO, NOTARY PUBLIC
Date Here Insert Name and Tide of the Officer
personally appeared VICTORIA FORBES
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor whose namg(B) is/a%
subscribed to the within instrument and acknowledged to me that ft6/she/tp6y executed the same in
difi/her/lh0r authorized capacity(ifiS), and that by yfs/her/tpAir signature(e) on the instrument the personK
or the entity upon behalf of which the person(Wacted, 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.
MICHELLE S. MALONZO
Commission Ir 2095820 IL
Notary Public • California Signature ��
San Diego CountySignature of Ndf&y Public
Err Mf Comm res Jan 30 2019 r
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: Encroachment Extinguishment and Removal Document Date: TBD
Number of Pages: c2 Signers) 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 Representing: CRICKET
GELESTIgL F-I(Z
Signer's Name:
❑ Corporate Officer —
❑ Partner — ❑ Limited
❑Individual ❑yt
❑Trustee
❑ Other
Signer Is Relfresenting
in Fact
or Conservator
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