Easement Agreement 2005-0967416
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CHICAGO TITLE COMPA!
SUBDIVISI0NDEPT.
RECOR\}ING REQ\I~~STEIYBY AND ~;,~ NOV 07, 2005 3'18 PM
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT("Agreement") ismad_e effective as.of June 23; 2005, by I
and.between B SM Properties; LLC ,a'California limitedlial5ilitycOlnpany(hereaftet,;"Gr~ntor")and
the Poway Redevelopment Agellcy;~i1public body corporate and politic (hereafter,"Grantee"),
RECITALS
A. Grantor is the owner of certain real property commonly known. as 13914"13950 Poway
Road in Poway, California (tile "Servient'fenement"y,and more particularly described in
Exhibit ;'A," attached hereto and made a part hereof:
B Grantee is the owner of certain,real property commonly known as 13956 Poway Road'and
13917 CourierWayinPo\Yay, California (the "Dominant Tenement") and more particularJy
desciibed'inExhibit "B,"~ttached,hereto and made a part hereof, which.property,Granteehits
recentlyacquited fromGreggL. Brandalise ("Brandalise),and'uponthe PowayRoadportion
o(whic.h Brandalise will remain as a tenant of Grantee;and'upon the Coutid'Way portion of
whichanothet petson'will rem<iin as a tenant of Grantee fora']Jeriod not to exceed'two years.
C Grantordesires.that Gninteerelinquish certain easement,rights for ingressiegtessand utilities
that Grantee presently'oh6His,,:1'cross the Servient Tenerpent, and Grantee desires to replace
tho.se rights.inthe'Servienttenement With a new,easement for ingress, egress'and utilities in
adifferentlocation across tile ;Servient Tenement.
AGREEMENT
I Fdt valuable' consideration, receipt ofwhich ishereby~acki1owledged,Grantorhet~by grants
to Grat\tee!aneasementfromEvanston Drive totheDomihaht Tenement{the "Easegient"),
subject to the ,terms oftliis Agreement.
2. The.Easement is appurtenant to the Dominaht Tenement.
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3 The,Eas,ement is described in Exhibit "C," attached. hereto and.made a part hereof. The
Easement !TIay';be'used. orily for non-exclusive ingress and egress, and the placement and
maintenance ofptiblic utilities including but not limited to water, sewet, telephone, cable,
gas, and electric facilities over, under, or across the Easement to serve the DO!TIinant
Tenement. It is'undeistoodby,the parties that the area of the Easement \Vill also be used fot
ingress and egress to and from the Servient Tenement in connection with the business
operated thereon.
4 Fotvaluable consideration, Grantee hereby relinquishes and quitclaims to Grantor any arid all
rights Grantee holds in the westerly twenty (20) feetofthat easemeriHromPowayRoad to
the Dominant Tenement descr.ibed'in Exhibit "D"andaccess tights over theehtirety of said
easement ,(the "Relinquished. Easement"). provided orily,that Grantee reserves apersonal
easement for Brandalise,aJ1dthe tenant of 13917 Courier Way, and their invitees foraccess
and public utilities over theentite forty (40) feet of the Relinquished Easement in. the
location described in Exljibit ':D" (the "Reserved Easement") The Reserved Easement shall
enable Brandalise and the, other tenant to continue. to use for access and to teceive utility
service across the Reserved Easement. The Reserved,Easement shall expire not later than
two years after the conveyance of the Dominant Tenement by Brandalise to Grantee
provided that improvement of the Easement described in Exhibit "C" has been'completed
and the Easement has been' opened for use from Evanston Drive to the DominantTenetnent
The access rights reservedshall,expire eatlier upon the earlier completion and opening for
access of the Easement from Evanston Drive to the Dominant Tenement without further
documentation. The utility service tights reserved sh<illexpire earlier upon the earlier
expiration or termination of.Grantee's leases to Br.and,!lise and the other tenant, without
further documentation. Uponexpitation of the Reserved,Easement rights in accordance with
this paragraph, therelinquishment of the Relinquished Easementshall be uriconditional and
without reservation. During,the'period that thereservationisin effect, Grantor shall have the
right'to. the limited surface. use of the area of the Relinquished.Easement, provided that
Grantor does not damage or interfere with Grantee's access or tiseof the utilities
transmission facilities on orund~r the Relinquished Easement.
5 Grantor reserves the ,right,touse the Servient Tenement. in any manner which does not
interfere with Grantee's use and, enjoyment of.the,Easement. Any use ofthe Easem~nt~rof
any other,property owned ,by Gtantor which is not expressly granted hereby shall be deemed
made by the consent of the Grantor and not underanyclaimsor right. Upon notice from
Gtantor, Grantee'shall cease any such use, remove any of Grantee's personal property placed,
thereon; and restore,Grantor's property to its origimllcondition.
6, Grantor-shall'maintainJiability insurance covering all use of the Easement. Grantee shall
keep the Easement in arieat, clean, and orderly mahhet Jointmaintenance and repair of the
Ea~e~nientshall,provided by separate recot&d agreement of Grantor and Grantee's successor
'in Interest.
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7. The parties agree that the tenns, conditions and provisions ofthis,Agreement are binding
upon, and shall inure to the benefit.of, all assigns, and successors in interest of each of the
parties hereto.
8. The parties agree to peiformany acts and execute any documents consistent with.t!J.eterms
'and conditions of this Agreement which may be needed, desired or required to effectuate the
terms, conditions. and provisions hereof.
9 This Agreement constitutes the entire and only agreement between the parties with reference
to the subject matter heteof and'supersedes any prior'agreement, oral or written, with tespect
thereto.
10 This Agreement can be amended.only by a writing signed,by each of the parties hereto
GRANTOR. 13SM PROPERTIES, LLC
Dated: P /2-< , 2005 By Mark Abel~nt / General Manager
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Dated. , 2005
By
GRANTEE. POW A Y REDEVELOPMENT
AG Y
Dated. Sep.tember6 , 2005
LBowersox, Executive Director
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~L 'lb~ , before me, '='hW'~~~J~' a Notary
Public in l!. d for' said County and State, p~rsbnally, ap eared " V\L.~p
personally'known to..me 0'rpr6ved to me on the basis of satisfactory evidence to be the persony
whosenamelare,subscribedtothe within instrumentandacknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons, orthe
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entity upon behalf of which the persons aCted, executed the instrument.
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Witness my hand ~ndofficialseal.
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i.. tfoicuiNilC'.QIlIailllll:
lIIInllllllo CiIunIv Notary Puo ' for said County and State
. MvComtll;....oilta';
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On. ~4- or I.!JOOS ,. bej'ore me, Sherr.-e.1:>. WOrr e \ \ , a Notary
Public in and or said,Countyan.d,State, persomilly appeared ~-e ~ l-... P-.nu)er~o J( ,
personally known to me ef I'l.ro\'ea.te R'!@ OR tlle ea3i3 eL3atijfIlGlC"Y c ,idcnct to be the person$
whose.namei;aresubsctibed.to the within instrument and ackti6wledged to me that they executed the
samein.thejr.authorized.capacities;}mcl that by theit signatures 6n the instrument the petsons, or the
entity uponbehalfofwhich:.the'pets6ns acted, executed the instrument.
Witness my hand and official seal.
~----;: VuJA1,} DuJDiJu..tO
-@ ~~-f Notary PubIic'fotsaid County and State
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NOTARY SEAL CERTIFICATION
(Government Code27361 7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
c.- . ".' .~
DOCl)MENT TO WHICH THIS STATEMENT IS An-ACHED READS AS FOLLOWS
N'm, of the' Note,,. S h;: bJ CCJ[1InS.
Commission Number' 14~b ?Ji:::J~ DateComniission EXPires.(D . '2 / . 07
County Where Bond is Filed:' Sa veJ)l8YcY
Manufacturer or Vendor Number' 1'\ N \\~
(Located on both sides of the notary seal border)
Signature. ~~ ~-
Firm Name (if applicable)
Place. of Execution. San Dieao Date: I I / '7/ 0<;;"
Rae. Form #R10.1 (Rev:'6J11103)
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1068,7
ExhibitA
Legal Description of Property
BSM LLC
Easement Agreement
APN: 3230203-20
The Southerly 250 feet of the, .East' 50 rods of Lat.:? in"Sectibn 18, Township 14
South,. Range 1 West, San Bernardino Base and Meridian, in the County orSan
Diego, State of California, according to the Official Rlatthereof, EXCEPTING the
Easterly 330 feet andihe Northerly 25 feet of the Easterly 340 feet. of the
Westerly 495feet thereof
. ,to
10688
Exhibit B
Legal Description of Property
BSM LLC
Easement Agreement
PARCEL 1 13917 Courier Way APN 323-203-19
The Northerly 150.00 feetof the Southerly 400 00 feet of the Westerly 155.00
feet of the Easterly 670 00 feet of the Easterly 50 rods olLot 2 in SeCtion 18,
Township 14 South, Range 1 West, San Bernardino Meridian, in the City of
Pbway, County of San Diego, State of California, accordin'gto the official plat
thereof
PARCEL 2: 13956 PqwayHoad APN 323-203-18
The Northerly 150 00 feet of the Southerly 400 00 feet ofthe Westerly 185 00
feet of the Easterly 515.00 feet of Lot 2 in Section 18, Township 14 South, Range
1 West, San Bernardino Base' and Meridian, in the County of San Diego, State of
California, according to officialplat thereof
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. .. 10689
Exhibit C
Legal Description of Property
BSM LLC
Easement.Agreement
APN' 323-203-20
ACCESS & GENERAL UTILITY EASEMENT
The Noitherly 40 feet of the Southerly 250 feet of the East 50 rods of Lot 2
in Section 18, Township 14 South, Range 1 West, San Bernardino Base and
Meridian in .the County of San Diego, State of California, according to the Official
Plat thereof, EXCEPTING the Easterly 670 feet thereof
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... .1" V $ 10690
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Exhibit D
Legal Description of Property
SSM LLC
Easement Agreement
APN 323-203-20
Legal description of Otis Post Easement
The Easterly 40 feet of the.following described land. The Southerly 250 feet of
the East 50 rods of Lot 2in Section 18, Township 14 South, Range 1 West, San
Bernardino Base andMetidian, in the County of San Diego, State of California,
according to the OffiCial Plat thereof, EXCEPTING the Easterly 330 feet and the
Northerly 25 feet of the Easterly 340 feet of the Westerly 495 feet thereof
.,
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