Reciprocal Access and Shared Parking Declaration 2019-0205886RECORDING REQUESTED BY:
Recording Requested By:
FIRST AMERICAN TITLE
National Commercial Services
AND WHEN RECORDED MAIL TO:
Pillsbury Winthrop Shaw Pittman LLP
12255 El Camino Real, Suite 300
San Diego, CA 92130
Attn: Eric A. Kremer, Esq.
APN: 323-092-39
DOC# 2019-0205886
111111111111111111111 IN111111111111111111111111111111111.1IN
May 30, 2019 10:05 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $208.00 (S62 Atkins: $150.00)
PCOR: N/A
PAGES: 11
Space above this line for Recorder's use
RECIPROCAL ACCESS AND SHARED PARKING DECLARATION
(14107 and 14115 Stowe Drive, Poway, California)
This RECIPROCAL ACCESS AND SHARED PARKING DECLARATION (14107 and
14115 Stowe Drive, Poway, California) (this "Declaration") is made and entered into as of the 22
day of May, 2019 by Sorrento West Properties, Inc., a Delaware corporation ("Declarant").
RECITALS
A. Declarant is the owner of approximately 25 acres of real property (the "Property")
located in the City of Poway, County of San Diego, State of California.
B. On October 16, 2018, the City Council of the City of Poway (the "City") approved
Tentative Parcel Map (TPM) 17-001 subdividing the Property into two parcels, which for the
purposes of this Declaration are referred to as -"-Parcel l"(more particularly described in Exhibit A
attached hereto) and "Parcel 2" (more particularly described in Exhibit B attached hereto), by
adopting Resolution No. P-18-26.
C. This Declaration has been prepared and executed to satisfy Condition of Approval
Section 4, Paragraph F, Number 12, set forth in Resolution No. P-18-26 (the "Conditions of
Approval"), which requires the recordation of a reciprocal access and shared parking agreement
on both Parcel 1 and Parcel 2, subject to the review and approval by the City Director of
Development Services.
D. Declarant intends by this Declaration to create nonexclusive easements for the
benefit of each of Parcel 1 and Parcel 2 for the common use of tenants and occupants of the
Property and their employees, licensees, invitees and/or visitors (collectively, "Users").
(Hereinafter, Parcel 1 and Parcel 2 may be individually referred to as a "Parcel," and collectively
as the "Parcels").
E. Declarant expressly acknowledges, represents and warrants that it shall not amend
or revoke this Declaration without prior written consent by the City
4827-4082-2166.vl
RECORDING REQUESTED BY:
Recording Requested By:
FIRST AMERICAN TITLE
National Commercial Services
AND WHEN RECORDED MAIL TO:
Pillsbury Winthrop Shaw Pittman LLP
12255 El Camino Real, Suite 300
San Diego, CA 92130
Attn: Eric A. Kremer, Esq.
Space above this line for Recorder's use
APN: 323-092-39
RECIPROCAL ACCESS AND SHARED PARKING DECLARATION
(14107 and 14115 Stowe Drive, Poway, California)
This RECIPROCAL ACCESS AND SHARED PARKING DECLARATION (14107 and
14115 Stowe Drive, Poway, California) (this "Declaration") is made and entered into as of the 22
day of May, 2019 by Sorrento West Properties, Inc., a Delaware corporation ("Declarant").
RECITALS
A. Declarant is the owner of approximately 25 acres of real property (the "Property")
located in the City of Poway, County of San Diego, State of California.
B. On October 16, 2018, the City Council of the City of Poway (the "City") approved
Tentative Parcel Map (TPM) 17-001 subdividing the Property into two parcels, which for the
purposes of this Declaration are referred to as "Parcel 1"(more particularly described in Exhibit A
attached hereto) and "Parcel 2" (more particularly described in Exhibit B attached hereto), by ''-
adopting Resolution No. P-18-26.
C. This Declaration has been prepared and executed to satisfy Condition of Approval
Section 4, Paragraph F, Number 12, set forth in Resolution No. P-18-26 (the "Conditions of
Approval"), which requires the recordation of a reciprocal access and shared parking agreement
on both Parcel 1 and Parcel 2, subject to the review and approval by the City Director of
Development Services.
D. Declarant intends by this Declaration to create nonexclusive easements for the
benefit of each of Parcel 1 and Parcel 2 for the common use of tenants and occupants of the
Property and their employees, licensees, invitees and/or visitors (collectively, "Users").
(Hereinafter, Parcel 1 and Parcel 2 may be individually referred to as a "Parcel," and collectively
as the "Parcels").
E. Declarant expressly acknowledges, represents and warrants that it shall not amend
or revoke this Declaration without prior written consent by the City
4827-4082-2166.v 1
NOW, THEREFORE, DeclaranV hereby declares that the Parcels shall be held, sold and
conveyed subject to this Declaration, which shall run with the real property, and be binding on all
parties having any right, title or interest in the Parcels or any part thereof, and shall inure to the
benefit of each owner, his heirs, grantees, successors and assigns of each Parcel, or any part or
portion thereof, in each case, for the periods of their respective ownership of such Parcel:
Declaration of Easements.
(A) Parcel 1 Owner Declaration of Easements. Upon and subject to the terms
and conditions of this Declaration, Declarant for itself and its successors and assigns as owner of
Parcel 1 ("Parcel 1 Owner") hereby establishes a non-exclusive easement (the "Parcel 1 Parking
Easement") on, over, and through Parcel 1 to provide parking spaces for the use of Declarant, its
successors and assigns as owner of Parcel 2 (the "Parcel 2 Owner," and with the Parcel 1 Owner,
individually an "Owner," and collectively, the "Owners"), and the Users of Parcel 2 pursuant to
the Conditions of Approval, together with a non-exclusive easement for ingress and egress onto
and from Parcel 1 for vehicles and pedestrians to the extent reasonably necessary to enable Parcel
2 Owner and the Users of Parcel 2 to enjoy the Parcel 1 Parking Easement and parking rights
granted herein (the "Parcel 1 Access Easement" and, collectively with the Parcel 1 Parking
Easement, the "Parcel 1 Easements"). The location and configuration of the parking spaces on
Parcel 1 which are subject to Parcel 1 Parking Easement rights granted hereunder shall be
reasonably acceptable to Parcel 1 Owner and Parcel 2 Owner.
(B) Parcel 2 Owner Declaration of Easements. Upon and subject to the terms
and conditions of this Declaration, Declarant hereby establishes a non-exclusive easement (the
"Parcel 2 Access Easement") on, over, and through Parcel 2 to provide (i) access for vehicles
accessing Parcel 1 including for the purpose of utilizing parking spaces located on Parcel 1 for the
use thereof by Parcel 1 Owner and the Users of Parcel 1, provided such access is limited to the
driveways providing access to and from Parcel 2 from (a) Stowe Drive, and (b) Kirkham Way,
together with associated connecting roadway(s) necessary to access Parcel 1, and (ii) pedestrian
access to Parcel 1 along non-public perimeter sidewalks or xvalkways located on Parcel 2, for the
use of Parcel l Owner and the Users of Parcel l (the "Parcel 2 Access Easement" and, collectively
with the Parcel 1 Easements, the "Easements").
2. Use of Easement Rights. Parcel 1 Owner shall make the parking spaces required
hereunder available to Parcel 2 Owner and the Users of Parcel 2 throughout the term of this
Declaration on a twenty-four (24) hour, daily basis. Neither the Parcel 1 Owner nor the Parcel l
Owner, for themselves and their respective Users, shall exercise its Easement rights granted under
this Declaration in a manner that materially, adversely interferes with the other Owner's ongoing
use of its respective Parcel. Each Owner shall have the right to impose reasonable security
requirements regarding access to and use of its Parcel by the other Owner and its Users which are
not inconsistent with the Easement rights granted under this Declaration.
3. Maintenance Responsibility. Parcel 1 Owner and Parcel 2 Owner agree that the
maintenance of, and allocation of costs and expenses associated with their respective use of, the
Easements shall be governed by the provisions of California Civil Code Section 845.
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4827-4082-2166.v1
4. Covenants Running with the Land. Declarant intends that the covenants hereunder
shall be covenants running with the land in accordance with California Civil Code section 1468.
The covenants hereunder and the Easements granted herein shall be binding upon each Owner and
its respective successors -in -title to its Parcel, and shall inure to the benefit of each Owner and its
respective successors -in -title to its Parcel, in each case, for the periods of their respective
ownership of such Parcel.
5. No Merger. Although in certain circumstances an easement may merge if property
owned is under common ownership, an easement does not merge if the intent of the parties is for
the easement to remain in effect. The Declarant's express intent in granting the Easements granted
pursuant to this Declaration is that these Easements will not merge and will remain in effect in
perpetuity subject to the terms of this Declaration.
6. Term. The term of this Declaration shall commence on the date on which this
Declaration is recorded in the Official Records of the County of San Diego, California and shall
continue in perpetuity unless Parcel 1 Owner and Parcel 2 Owner mutually agree in writing to
terminate this Declaration, which termination shall be subject to the prior written consent of the
City; provided, however, that as long as any Mortgage (as defined below) encumbers either Parcel
2 or Parcel 1, any such voluntary termination shall require the prior written consent of the
Mortgagee (as defined below) under any such Mortgage.
7. Rights of Mortgagees. Notwithstanding any other provisions of this Declaration,
no amendment or violation of this Declaration shall operate to defeat or render invalid the rights
of any Mortgagee under any Mortgage encumbering either Parcel made in good faith and for value,
provided that after foreclosure of any such Mortgage, such Parcel shall remain subject to this
Declaration, as the same may be amended from time to time in accordance with Section 10 below.
Notwithstanding the foregoing, in no event shall a Mortgagee, or any person or entity (a "Person")
who obtains title to a Parcel from a Mortgagee after foreclosure of such Mortgagee's Mortgage (or
by deed in lieu of foreclosure), be liable for any violations of this Declaration which occurred
before the acquisition of title to said Parcel by said Mortgagee or Person, provided that such
exclusion from liability shall not excuse such Mortgagee or Person from compliance with the terms
and provisions of this Declaration following its acquisition of such Parcel. As used herein, (i)
"Mortgage" means any recorded mortgage or deed of trust or other conveyance of a Parcel to
secure the performance of an obligation, which conveyance will be reconveyed upon the
completion of such performance; and (ii) "Mortgagee" means a Person to whom a Mortgage is
made and shall include the beneficiary of a deed of trust. The term "beneficiary" shall be
synonymous with the term "Mortgagee" and shall include the trustor or grantor of a deed of trust.
The term "deed of trust" when used shall be synonymous with the term "Mortgage."
8. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the Parcels to the general public, or for any public use or purpose
whatsoever. Except as herein specifically provided, no right, privileges or immunities of Declarant
shall inure to the benefit of any User, nor shall any User be deemed to be a beneficiary of any of
the provisions contained herein.
9. Davis -Stirling. Declarant intends that neither the California Davis -Stirling
Common Interest Development Act (California Civil Code Section 4000 et. seq.) nor the
4827-4082-2166.v1
Commercial and Industrial Common Interest Development Act (California Civil Code Section
6500, et seq.) be applicable to this Declaration, or the relationship between the Parcels and the
Persons subject to this Declaration.
10. Miscellaneous. This Declaration may be modified only by a written and recorded
agreement signed by the Owners or their respective successors or assigns; provided, however, that
any modifications to this Declaration or the Easements granted hereunder shall require the prior
written consent of any Mortgagee and the City. Invalidation of any of the provisions contained in
this Declaration, or of the application thereof to any Person by judgment or court order shall in no
way affect any of the other provisions hereof or the application thereof to any other Person and the
same shall remain in full force and effect. In the event of any controversy, claim or dispute
between the Owners relating to this Declaration or the breach thereof, the prevailing party shall be
entitled to recover from the losing party its reasonable expenses, including reasonable attorneys'
fees and costs. This Declaration shall be governed by the laws of the State of California. All
exhibits attached to this Declaration are incorporated in and made a part of this Declaration by
reference
[Signatures on Following Page]
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4827-4082-2166.v 1
IN WITNESS WHEREOF, the undersigned have caused this Reciprocal Access and
Shared Parking Declaration (14107 and 14115 Stowe Drive, Poway, California) to be executed
effective as of the date first above written.
Declarant
SORRENTO WEST PROPERTIES, INC.,
a Delaware corporation
By: Uk'A00
Name: Joseph E. Maskalenko
Its: Senior Vice President
Approved as to Form:
Alan Fenstermacher
City Attorney, City of Poway
5
4827-4082-2166.vl
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 )
SS
COUNTY OF S�►'� Ql )
On 5 q ,before me, c.l6/,/l6 C• 7 ow h Notary Public, personally
appearedoS�AA C. %i�A/kako who proved to me on the basis of satisfactory evidence to
be the person(A) whose name(jo is/aK subscribed to the within instrument and acknowledged to me that
he/sX/th)V executed the same in his/hic/thX authorized capacity(iin), and that by his/hirr/tWr signature(
on the instrument the person(,i�, or the entity upon behalf of which the persono o 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.
0
JOYCE E. ZACHMAN
Notary Public - California Z
San Diego County p
` Commission a 2188751
My Comm. Expires Apr 25, 2021
4827-4082-2166.v 1
CALIFORNIA• • •GMENT CIVIL CODE § 1189
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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 4& Qty)CI before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared zu %Q4 L m cy) , S
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(9) is/are
subscribed to the within instrument and acknowledged to me that he/sloe/th-ey executed the same in
his/her/ter authorized capacity(ins), and that by his/her/their signature(!g on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
YVONNE MANNION
NotaryPublic- California z WITNESS my hand and official seal.
i San Diego County >
Commission # 2201766
My Comm. Expires Jun 18, 2021
Signature W
Signature of Notary Public
Place Notary Seal Above
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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:
Document Date:
Signer(s) Other Than Named Above:
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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❑ Other:
Signer Is Representing:
02016 National Notary Association ' www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under that certain
Construction Deed of Trust, Assignment, Security Declaration and Fixture Filing dated as of
JVVI e, 15 , 2017 (the "Deed of Trust'), made by Sorrento West Properties, Inc., a
Delaware corporation, as grantor, and recorded on rVVle, 15 , 2017as Document
No. 241`7—OZ(02590in the Official Records of San Diego County, California, hereby expressly
subordinates the Deed of Trust and its beneficial interest thereunder to the foregoing Reciprocal
Access and Shared Parking Declaration (14107 and 14115 Stowe Drive, Poway, California) (the
"Declaration"), provided in no event shall a violation or the exercise of any rights or remedies
under the Declaration or any easements conveyed thereunder defeat or otherwise render invalid
the Deed of Trust (or the rights of the beneficiary thereunder).
Th rivevi+ 'R naKci a1 -Fu✓ Lv+hercunS,
a _W I SCO "S ivy Corp o rali o vi
By:
Nam
Title
By:
Nam
Title
e:
Asst is Pr sident
`7ho
e:
Asst. Vice President
VA
4827-4082-2166.v1
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 �° Tr^""TT ^ M 1 SNE S 0'n9 )
) SS
COUNTY OF t4 E tj i' P )
On M A y 14 , —Loll , before me, LAU" -yP1rtjE-Af-AVW O0 D , Notary Public,
personally appeared MARK-MC./A✓r-W-1Ekj1AEG !*A,%J4LLfKwho proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument
and acknowledged to me that kefs /they executed the same in 4iqAftw/their authorized
capacity(ies), and that by k}efker/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
LAURA JANE ARROW
OOD[Seal] NNNETACMISOE(MMYCOMIssion
Expires Jan. 3f, 2020
4827-4082-2166.vl
EXHIBIT A
Legal Description of Parcel 1
(14107 Stowe Drive, Poway, California)
THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS FOLLOWS:
PARCEL 1:
PARCEL 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 21687, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, May 22, 2019, AS FILE NO. 2019-
7000194.
4827-4082-2166.v 1
F.X14TRIT R
Legal Description of Parcel 2
(14115 Stowe Drive, Poway, California)
PARCEL 2:
PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 21687, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, May 22, 2019, AS FILE NO. 2019-
7000194.
4827-4082-2166.v1