Grant of Reciprocal Access Easements 2006-0100311
--- "'
, . 1IIIIIIIIIITllmllllllll~rnl~Wllm III" ~Ilillllllllllll
,
I
i
~f RECORDING REQUEST BY
FEB 10 2006 11'30 AM
~ CITY OF POWA ~ " DFFlrl.c.:..L F:ECOR[IS
'_,,":',1'1 [IIECiU I=OU~J f', F:[IJIHr'Er::'~, OFFICE
13F\EGOR"1 .1 ':;I;lIH~ UIUf.J'T', FIEDJR[IEf~ I
FEE",. -:8.00
WHEN RECORDED MAIL TO' [Ie I'll> ,1006-0'\00311
F.:.:.CiE':,_ 11 ,
I
CITY CLERK ~~~~ 1 111111 111I1 111111111111111 11111 11111 11111 1I11! 11111 11111 1 1111111111111111111111
CITY OF POWA Y
POBOX 789
POWAY, CA 92074-0789
~' ~ . ~ n,J;:... (This space for Recorde,'s Use)
APNs: 317-130-47 and 317-130-41
GRANT OF RECIPROCAL ACCESS EASEMENTS
THIS GRANT OF RECIPROCAL ACCESS EASEMENTS ("Agreement") is entered into
this llth day of .:r~~, 200~, by and between Poway City S C , L.P , a Delaware
limited partnership (hereinafter referred to as "PCSC:') and Bruce R. Geernaert and
Daphne D Geernaert, a married couple, (hereinafter referred to as the "Geernaerts").
PCSC and the Geernaerts are sometimes collectively referred to herein as the "Parties"
or individually referred to as a "Party"
RECITALS
Properties.
A. PCSC's property is the certain real property commonly known as 13624 through
13654 Poway Road and 13245 through 13355 Midland Road, located in the City
of Poway, California and having Assessor's Parcel Number 317-130-47 as of the
date of this document, more particularly described in the legal description
Exhibit "A" and incorporated herein by this reference ("PCSC Property").
B The Geernaerts' property is the real property commonly known as 13616 Poway
Road, located in the City of Poway, California, and having Assessor's Parcel
Number 317-130-41 as of the date of this document, more particularly described
in the legal desc~iption Exhibit"B" and incorporated herein by this reference
("Geernaert Property"). The PCSC Property and the Geernaert Property are
sometimes collectively referred to herein as the "Properties" or individually
referred to as a "Property"
Grant of Easement:
In consideration of the approval by the City of Poway ("CITY" hereinafter) of
Development Review 02-18, involving the remodel of and addition to the existing
commercial center located on PCSC's Property, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
City of Poway
Access Easement
32779-1 I 2000643,6 12/27/05
a..o-O(~
. . f>294
Parties agree to enteririto this Agreement, to provide mutual easements for
ingress and egress as rnore' particularly described below
1 Grant of In(1ress and E(1ress Easement. Each Party hereby grants to the other
Party a non-exclusive easement for vehicular and pedestrian ingress and egress,
as appropriate, on and over driveway, walkway and parking areas located on the
granting Party's Property The: portion of the pcse Property subject to the grant
of easement by pcse to the Geemaerts shall .be referred to herein as the
"PCSC Easement Area" The portion of the Geemaert Property subject to the
grant of easement by the Geemaerts to PCSC shall be referred to herein as the
"Geemaert Easement Area"
2. Future Joint Use Driveway Vehicular access between the Properties shall be
limited to a joint use driveway that will be located along the Properties shared
north-south common property line. The precise physical location of the joint use
driveway, conceptually depicted on Exhibit "c" as ,incorporated herein by this
reference, shall be reviewed and approved by the Director of Development
Services of the CITY upon issuance of a building permit for a "major
rehabilitation" of the Geemaert Property Major rehabilitation for the purpose of
this Agreement is defioed as making CITY-approved improvements that will
increase the building value of the Geemaert Property by more than 50 percent as
determined by the Director of Development Services of the CITY or as otherwise
approved by that Director
3 Joint Use. The easements grarited in Paragraph, 1 above are intended to provide
for the joint use of the parties hereto in accordance with the terms of this
Agreement. The easements .granted herein may be used, on a non-exclusive
basis, by the parties hereto and their respective tenants, officers, directors,
employees, agents, cqntradors, sublessees, customers, visitors, invitees and
licensees ("Permitted Users"), and by such service and emergency vehicles and
personnel as shall be necessary and appropriate to the lawful use of the
benefited Property The pesc Easement Area shall be maintained by PCSC in
good condition and repair, at PCSC's sole cost and expense. The Geemaert
Easement Area shall be maintained by Geemaert in good condition and repair, at
Geernaert's sole cost and expense
4 No Obstruction. The parties shall not use or permit the use of the easements
granted herein so as to interfere unreasonably with the use of the Property on
which such easements are located, nor shall. the parties interfere unreasonably
with the use ofthe easements granted herein.
5 Parkiriq of Vehicles, Nothing in this Agreement authorizes PCSC or its Permitted
Users to park a vehicle on the Geernaert Property if they are solely using the
PCSC Property, nor does this Agreement authorize the Geernaerts or their
Permitted Users to park a vehicle on the PCSC Property if they are solely using
the Geernaert Property
2
City of Po way
Access Easement
32779,1'/2000643:6 12/27/05
. .
5295
6 General Provisions.
a. Enforcement, Attorney's Fees. The parties s_hall have the right to enforce
this Agreement. If any party files an action of proceeding to enforce this
Agreement, the prevailing party shall be entitled to recover from the other party
or parties all reasonable expenses, attorneys'fees and costs.
b Indemnity, The Geernaerts and their Permitted Users assume the risk of
injury to and death of person and damage to and destruction of property in
connection with their use of the easement granted hereunder and, unless caused
by the gross negligence or willful misconduct ofPCSC or its Permitted Users, the
Geernaerts agree to defend (with counsel reasonably satisfactory to PCSC)
indemnify and hold harmless PCSC, its agents, partners, directors, officers, and
employees, tenants and invites, against any and all claims, losses, damages or
liabilities, including, without limitation, injuries to or death of persons, whether
employees, contractors; tenants or invitees of pCSC or others, and damage to or
destruction of property which arise out of or relate to the use of the Geernaert
Easement Area by the Geernaerts or their Permitted Users. PCSC and their
Permitted Users assume the risk of injury to and death of person and damage to
and destruction of property in connection with tti_eir use of the easement granted
hereunder and, unless caused by the gross negligence or willful misconduct of
the Geernaerts or their Permitted Users, PCSCagrees to defend (with counsel
reasonably satisfactory to the Geernaerts) indemnify and hold harmless the
Geernaerts, their agents, partners, directors, officers, and employees, tenants
and invites, against any and all claims, losses, damages or liabilities, including,
without limitation, injuries to or death of persons, whether employees,
contractors, tenants or invitees of the Geernaerts or others, and damage to or
destruction of property which arise out of or relate to the use of the PCSC
Easement Area by PGSC or its Permitted Users,
c. Mutualitv: Reciprocitv: Runs with Land The grant and other provisions
herein described shall constitute covenants running with the land and the rights
and obligations thereof will automatically pass to successors in title in the above
described Properties, By foreclosure or otherwise, and shall benefit and be
binding upon the !owners of the Properties and their respective heirs, devisees,
executors, administrators, successors and assigns,in the same manner as if they
had personally entered into them whether or not the instrument conveying such
interest refers to this Agreement.
d. Modifications. No modification, waiver, amendment, discharge, or change
of this Agreement shall be valid unless the same is in writing and signed by the
owner of the Properties and recorded in the office of the San Diego County
Recorder Any Qther change, modification, amendment or rescission shall be null
and void and of no effect.
3
City of Poway
Access Easement
32779-1/2000643,6 12/27/05
. . ~296
e. Invalidity T~e unerlforceaoility, invalidity, or illegality of any provision of
this Agreement shall hot .render any other provision of this Agreement
uneriforc~able, invalid, or illegal.
f Entire Aqreement. This instrument constitutes the entire agreement
between, the parties with respect to the matters addressed herein, there being no
oral agreements or representations of any kind made between the parties hereto
g. Counterparts. This Agreement may be executed in counterparts, each of
which is deemed an original and all of which, when taken together constitute one
and the same instrument.
h. Notice Any notice to any party given under this Agreement shall be in
writing and given by delivering the same to such party in person, by overnight
courier orexpress service, or by sending the same by registered or certified mail,
return receipt requesfed, with postage prepaid, to such party The address of
each party for the gilling of notices hereunder (whether by mail or personal
delivery) is, until chang!'ldas hereinafter provided, the following:
PCSC John Visconsi, V.P
c/o Kirnco Realty Corporation
23 Mauchly, Suite 100-104
Irvine, CA 92614
Tel' (949) 252-3871
Fax: (949) 252-3881
with a copy to
Clara Feldman, Esq.
c/o Kimco Realty Corporation
3333 New Hyde Park Road
New Hyde Park, NY
Tel: (516) 869-2090
Fax: (516) 869-7140
Geernaerts: Bruce R. Geernaert
605 Palos Verde Drive West
Palos Verde Estates, CA90274
Tel: (310) 375-6080
Fax: (310) 375-1466
4
City of Poway
Access Easement
32779-1 /2000643,6 12/27/05
. . 529'7
IN WITNESS THEREOF THE PARTIES hereby execute this Agreement as of the day
and year first herein above written.
POWAY CITY S.C , L.P., a Delaware
limited partnership
By' Poway City Holdco, LLC, a Delaware
limited liability company, General
Partner
By' Kimco poway City 1195, Inc.,
a Delaware corporation, Sole
Member
By'
Name"
Title'
GEERNAERTS~
h-? -~
'R'..,. t.;:r---' 0-- ~
Bruce R. Geemaert, a married man
"-- \'/\/\1:1-'4.{ ~~ \JJ\:'\''v\. ~'\
5
Crty of poway
Access Easement
32nS-1/2000643.6 12/27105
. .
.
STATE OF CALIFORNIA ) 5298
Lo,:> AOdc'). )
COUNTY OF )
On Jo.Y\ \ ~, d-OOG, , before me, L",,,,,e.... ~o~~'" W()...\~J......, Notary Public,
personally appeared i3<\.l.GE:... R.. G-ce-\f'.c...e\~ ~ D~"'V\e. \J.. G-~e,{"V\o..e<t
oerson""ly Iffio~11 to ffie (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/@:> subscribed to the within ~ment and
acknowledged to me that he/sh# executed the same in his/he thel authorized
capacity(ies), and that by hislhe he signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~~/L{ (Seal)
Signature~
~ LUKE JOSEPH WAlRAD
..... Commission # 1508076
~ . -iii Notary Public, California ~
, , los Angeles County -
, My Comm. expires Aug 17. 2008
City of Poway
Access Easement
32779-1/2000643.6 12/27105
.
. .
5299
IN WITNESS IHEREOF THE PARTIES hereby execute this Agreement as of the day
and year first herein above written.
f/
Ci POWAY CITY S C, L.P, a Delaware
limited partnership
By' Poway City Holdco, LLC, a Delaware
limited liability company, General
Partner
By' Kimco Poway City 119~, Inc.,
a Delaware corporation, Sole
Member
By ~ ______
Nar:;: p'. . 'Iynn
TIt fL",;J"ul
GEERNAERTS
Bruce R. Geernaert, a married man
Daphne D Geernaert, a married women
5
City of poway
Access Easement
32779' 1 /2000643,6 12/27/0S
. . r,300
.
ALL PURPOSE ACKNOWLEDGMENT
li"~;I;'I.,_..r.=w~';,V",r.-40''''''';I,,j1f;!Ir~#._'''<*,.;,r'''''>JiI','4#;'__lV-;;/.If'~v/&''=:r_''''''II:'''JI/_/"'A~.;C'.loOt<D.""."':N,I/AM'JrdT.:Ai'.,.';;tF,;JfT_/,g/P,_/""":#'/JI<4'"~"'._"'/G/1/",.z":.:r",,,,_/,,'1T.___;'__"__"'__""~
I STATE OF NEW YORK ) CAPACITY CLAIMED BY SIGNER I
1) 1
~ COUNTY OF NASSAU ) 0 INDIVIDUAL(S) I
i ;(CORPORA TE I
, ~ 'b OFFICERIS) ,
i On January 10, 2006,before me, OSt:'::d.f\ 0e. W 'ie.r ritle(s) I
t Date Name. Title of Officer, e.g., "Jane Doe, Notary Public" 0 PARTNER(S) a
I 1
, 0 ATTORNEY-IN.FACT !
I personally appeared IY\ ,'cinel ,j, Fl-'iJn n !
, Name(s) of Signer(s) 0 TRUSTEE(S) t
, A
! ~ ' . 0 SUBSCRIBING WITNESS I
i personally known to me . OR - 0 proved to me on the baSIS of satisfactory ,
! evidence to be the person(s) whose 0 GUARDIAN/CONSERVATOR ,
i name(s) is/are subscribed to the within 0 OTHER: I
I inslrument and acknowledged to me that I
! he/she/they executed the same in his/her/their I
i authorized capacity(ies), and that by !
I his/her/their signature(s) on the instrumenl the SIGNER IS REPRESENTING: 1
i ( ) , th n b h If ,f h' h Name of Person!s) or Entlty!.es) I
I person s ,or e en I y upon e a, 0 w IC I
I the person(s) acted, executed the instrument. !
I ROSMNNE DWYER !
~ Notary Public.'State of New York Witness my'hand and official seal. !
~ No: 4900302 e
i Qualified in Nassau COunty ~ r:f1 I
I Commisslont;'xpires January 11 )010 ~ jJ~Q../\ I
~ Sig ure of Notary 5
I 1
~ ATTENTION NOTARY- Although the information requested below is OPTIONAL, it could p;event fraudulent attachment of this certificate to unauthorized ~
'~Mt ~
I '
! I
l THIS CER~IFICATE MUST BE ATTACHED TO Title or Type of Document l
l THE DOCUMENT DESCRIBED AT RIGHT Number of Pages: _ Date of Document l
lSigner(s) Other Than Named 'Above: !
j(.rU#'_#'_G'."".:I.'/I_''''/8/1'a1J>:#'Ai''~'':.4i~_.ATiw.._.=."".,.:.V..''''.:k'.;U;;"'''.~'''''''''.'''';=''''>..''''d''8.',P",,,''''_:.r.'''__''''''''/I':If'.''at';,v;v,iI'/A7,_Ai,<<W'""4'4';;;r"","",~."''''''''''_''''':';_'''_'''';#!_'''''''\If;;.r.:.:.;,r."",'S/."""""J2
City of Po~ay
Access EaseflJent
32779-1 / 2000643,5 12/02/05
. .
EXHIBIT A 5301
LEGAL DESCRIPTION OF PCSC'S PROPERTY
That portion of Parcel 3 oqhe Parcel Map No 1675, in the City of Poway, County of
San Diego, State of California, Filed in the Office of the County Recorder of San Diego
County, June 28, 1973, RecordeTs File No 73-178786, Iyihg Westerly of the Southerly
prolongation of the Easterly line of the Westerly 1 0 09 feet of Parcel 2 of said map,
together with the Easterly and Northerly 5000 feet of Parcel 4 of said map, being a
portion of the Southeast Quarter of the Northeast Quarter of Section 13, Township 14
South, Range 2 West, San B'ernardino Meridian, in the County of San Diego, State of
California, according to United States Government Survey, approved September 11,
1879
EXHIBIT A
City of Poway
Access Easement
32779-1 /2000643.6 12/27/05
. .
. 5302
EXHIBIT B
LEGAL DESCRIPTION OF THE GEERNAERTS' PROPERTY
Parcel 4 of the Parcel Map No 1875, in the City of Poway, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County, June 28,
1973 Excepting therefromJhe northerly and easterly 50 feet.
EXHIBIT B
City of Poway
Access. Easement
32779-1/2000643,6 12/27/05
. . . If
, ' 5303
EXHIBIT C
CONCEPTUAL LOCATION OF JOINT USE DRIVEWAY
PCSC's Property
APN: 317-130-47
-<Ill
0
<(
0
0::
0
Z
<(
..J
0
~
II
II
Geernaert's Property II
APN: 317-130-41 .. II.
~
Conceptual Location, of Joint Use Driveway
POWAY ROAD
Nt
Cityof POWiJY EXHIBIT C
Access Easement 12/27/05
32779-1 12000643.6