Grant of Easement for Reciprocal Access 2004-0212710
, TO,,' ,; -\ ~RECQRDING REQUEAD BY ~9 4 84;'I'::DOC t 2'004-0212710
CITY'OFPOwAY ) 'i~MAR"">16, 2004 8: 44 AM
) ~,
ANDWHEN RECORDED MAIL TO' ) I , ,*" . OFfICIAL RffilRllS
) 4'~;?'SANDIEGO IlllNTYRfOORDER'S OFfICE
CITY CLERK ) '" GRE6IlRY J,SHITH. COUNTY RECORDER
CITY OF POWAY ) FEES: 20,00
.p 0 BOX 789 ) _~_ 11:: NA
,,~I ,I II I
POW A Y CA 9207 4~ I !!I!!!I!I!/1II1111111 !1!~~l[!l[{[I!IIIIIIII'li 1,111///111 IIli 1111 "
-( No transfer tax due ) (T~is ~pace fbrHecoru\:<.-!l' Ul'>Ci)' '" '"
1IJ Tax Parcel No. 317-490-42 NO DOCUMENT T:RANSFER TAX NO FEE
~. ~ GRANT OF EASEMENT FOR RECIPROCAL ACCESS
o (.Il-' ~,^)Ji\.
.(.(>-" THIS GRANT OF EASEME['JT is entered into this ~ day ofre-~!\) (i\LJ ~,'zro+
\ by PaulaCobb, Trustee ofthe, PaulaMogavero TrustAgreernent dated Jam{a 25,
1989 as amended June 1, 1998, (hereinafter referred to as,Grantor) Byron.B Webb,
INC , owner of the propertieswiih assessor's parcel numbers 317-490-04, 317-490-06,
317-490-07, andthe Kaminski' Family Trust owner of the property with the assessor's
parcel number 317 -490"08.are hetei,hafter referred to as Grantees,
RECITALS:
Grantor is the owner of certain real property APN No. 317-490-42, commonly
known as 12759 Poway ROCld, located in the City of Poway, California, more'
particularly described if(Exhibit "A", attached hereto, and incorporated herein by
this reference, arid shown on Exhibit "B" as attached hereto and incorporated
herein by this reference.
Grant of Easement:
1 It is the intentof the Grantor, in entering into this agreement, to p[ovide mutual
easements for the feciproc,al access to the pfbp.~rtiesowried by Grantees
(APN 317-490-04, APN 317-490-06, APN 317-490-07 and APN 317-490-08),
2. Grant of Reciprocal,ll,ccess. Grantor hereby grants to Grantees, their heirs,
sus:cessorsand assigns, vehic:ul?r and easeJn_enfi'ights-of-way for ingress and
egress, and purposes incidental hereto, on and over portions of Grantor's
property asshownon:the'attached"Exhibit "B", incorporated herein by this
reference, Said G rcml'. of Easement is contingentupon Grantees, their heirs,
successors; and assign's granting to Grantor a'similar access easement on
Grantees' property
3, Permitted Users. The easements granted herein may be used, ona
nonexclusive basis, by the Grantees as expressly provided in this Grant of
EasemenUmd each tenant6f any such Grailtee and their respective qfficers,
directors, employees, agents, Contraciors', subleasees, customers, visitors,
invitees, and licensees,. and by such service,and emergency vehicles and
personnel as' shall be necessary and appropriate to the lawful use of'the
benefited parcel.
..
07iO'~O ol\,.oOlP
~ "':; .' 9485 .
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4 No (QI5s!fuctip", Grantees",their heirs, successors, and assigns shall notuse or
p~r'ifittthe,us-e'bfihe easementsgrant,ednerein so as'to interfere unreasonably
with the use of Grantor
5 Effective Date, This agreement.will become effective llPon parcels
317-490-04,317-490-06, APN 317-490-07, ana APN 317-490-08 of Grantees',
the.ir heirs, successors,;"and assigns by agreeing and granting to Grantor similar
access at APN 317-490-42.
6 Grantees, their heirs, successors, and assigns shall have the right to enforce this
Grant. If Grantees,.their heirs successors, or assigns file ,an action of proceeding
to enforce, this Grant, the prevailing party shall be, entitled to recover fromthe
other party or parties all reasonable expenses, attorneys fees and costs
7 Indemnity Grantees,their heirs, successors, and assigns (the indemnifying
party) assumes the,risk of injury to and death of person, and damage to and
destruction of property: in connection with its use of .the easements g(1:lnted to it
hereunder and, except for the gross negligence. gr willful misconduct of the
Grantor GrantEies agre.e'to hold harmless the Grantor, 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 the
Grantor or others, and damage to, or destruction of property which arise out of,
or relate to the use by ~rahtees, their agents, emplgyees, tenants, guests, or
invitees of the easerileritsgranted to the Grantees hereunder
IN~ITNESS THEREOF, THE GRANTOR has executed this Agreement this ~day
of T-t-V,'\\lC, -{ u ,.ztl'03':-7.tt\-\ ~
\j
By' Paula Cobb, Trustee. of the Paula Mogavero
Trust Agreement dated January 25, 1989,
as amended June 1, 1998
..
YO~6-u-:-J~~
SignatUre /
(Signatures must be notarized. Notary form is,attached)
; . 9486 .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of cali~ ,} ~
Sj~ ss.
County of (\ ~)
On ~_ before me, ~ \0,\.)...'
personally ap;::red :? (\ ,S\ (\ C i:'I\-"~ N'm, ,cd HI, of Off'", ""..'J,c, D,,_ Not,;" PCb"'(
.. Narne(~) 01 Slgner(s)
~ ~perSOnallY known to me
o proved to me on the basis of satisfactory
evidence
~ to be the person( s) whose name(s)@re
subscribed to the within instrument and
~ acknowledged to me th~theY executed
the same in his er Ir authorized
MICHELLE PAUUNE HEIlBlGOn capacity(ies), and t at by hisQtheir
. Commission # 1298219 2' slgnature(s) on the instrument the person(s), or
~ ~ Notary Public - California ~ the entity upon behalf of which the person(s)
i : Son Diego County ~ acted, executed the instrument.
My Comm, Expires /Jer23, 2005
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~ OE~ hand V off\alseal- --'-'-'-
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Place Notary Seal Above Signature of Notary Public
,- OPTIONAL
,
, Though the information below is not required by law. .it may prove valuable to persons relying on the document
, and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: ~
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top 01 thumb here ~
D Corporate Officer - Title(s):
o Partner - D Limited 0 General
D Attorney in Fact
D Trustee
D Guardian or Conservator
o Other'
~ Signer Is Representing:
~
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@ 1999 Nalional Notary Association. 9350 De Soto Ave P.O. Box 2402' Chalsworth, CA 91313.2402 . wWW,1l8IioIlHlnotary,org Prod No 5907 Reorder CaN TolH"ree 1800-876-6827
. 9487 .
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EXHfBIl' Ai U:GALDESCRIPTION APN 31749042
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND.lS DESCRIBED AS FOLLOWS
ALL THAT PORTioN OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14"TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN,IN THE CITYOF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITEDSTATES GOVERNMENT
SURVEY, DESCRIBED AS FOLLows,
BEGINNING AT APOINT0N'THE EAST LINE OF SAID NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 14, DISTANT THEREON 882,00 FEET
NORTHERLY FROM THEe SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER; THENCE NORTH ALOf\JG SAID EAST LINE, 120,00
FEET, THENCE WEST PARfl.LLEL \iVITH THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER, 260 OO.FEET, MORE OR LESS TO AN
INTERSECTION WITH THE SOUTr,lEASTERLY L1NE'OF ROAD SURVEY NO 987 AS
THE RIGHT OF WAY FORSAID ROAD WAS CONVEYED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED AUGUST 9,1950 IN BOOK 3730, PAGE 458 OF
OFFICIAL,RECORDS, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE, 125,00 FEET, MORE9R LESS, TO THE MO$TN'ORTHERL Y CORNER OF
LAND CqNVEYEDTO HARRY WASSE ANDWIFEBY DEED DATED JUNE 16, 1954
AND RECORDED IN BOOK 5285 PAGE 119 OF OFFIGIAL RECORDS, THENCE
SOUTH ALONG A PORTION OF THE EASTERLY BOUNDARY OF SAID WASSES'
LAND, 5750 FEET, MORE ORLESS, TO AN INTERSECTION WITH A LINE DRAWN
PARALLEL WITH THE SOUTIj L1NEOF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, THROUGH THE POINT OF BEGINNING,
THENCE EAST ALONG SAID PARALLEL LINE, 334 00 FEET TO THE POINT OF
BEGlr\fNING
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1";" : 9488
, EXHIBIT B
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VICINITY MAP CITY OF POWAY
Q Q RECIPROCAL. ACCESS EASEMENT
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NOT TOSCALE DATE: 11/19/03 PARCEL"D"