Loading...
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 1 ;r• • • • • M• • •� :11 aw :11 •IF