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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