Reciprocal Easement Agreement 2008-0032114
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RECORDING REQUESTED BY -IAN 23, 2008 1 41 PM
AND WHEN RECORDED MAIL TO: OFFICI,".L F:ECOF:[,'"
~ .,c:.fJ [qU-il-1 rOUNT'1 r::ECOFiLIEFi'( Of~r:-ICE
Po way Redcvelopment Ageney (iF:[I:,UI=i"',' j '::tAITH l=our'Jrr RECClFi['EF:
13325 Civic Center Drive FEE:, I) DO
PACES: 13
\~~ POBox 789
Poway, California 92074-0789 () 578 11111:1 1I11! 111111111I11111 II!IIIIIII 11111111111111111111111 11111111111111111111
~ ATTN Executive Director
The undersigned dcc1an:s that the Documentary Transfer Tax is
$-0- since this is a conveyance of an Easement and the
consideration is less th,m $100
Exempt from filing fees by Gov't Code Section 6103
RECIPROCAL EASEMENT AGIU:EMENT
This RECIPROCAL EASEMENT AGREEMENT ("Agreement") is made as of
'O-t><.."....\r'^- t~ 200.1 by and between the POW A Y REDEVELOI'MENT AGENCY, a public
body, corporate and politic ("Agency") and MIDLAND ANIMAL CLINIC, lNC., a California
corporation, JOHN L, AND DIANA L. AUGUSTINE TRUST DATED MARCH 18,1986, and
N.K. AND P.E. SWITZER FAMILY TRUST DATED APRIL 6, 2000 (collectively,
'Developer''). Agency and Developer are sometimcs collectively referred to herein as the "Parties"
or individually as "Party"
RECITALS
A. Agency and Developcr are parties to that ccrtain Disposition and Development
Agrecmcnt dated as of Deeember 6, 2005 as amended by that First Amendment to Disposition and
Development Agreemcnt datcd as of April 24, 2007 (as amendcd, the "DDA"). The DDA provides
for Agency to eonvey ccrtain real property owncd by Agency to Developcr, lor Developer to convey
two parcels of real propcrty owned by Developcr to Agency, and for Agency to pay to Developer the
Agency Payment Amount, which is the amount equal to the difference between the fair market
values of the Midland Site and the sum of the fair market values of thc two pareels being conveyed
by Developer to Ageney
B Aftcr the convcyances havc occurred pursuant to thc DDA, Agency and Developer
shall own adjacent parcels of real property generailv located at the northeast corner of Adrian Street
and Midland Road in thc City of Poway ("City"). The parcels of real property owned by Developer
arc hcrein refcrred to as the "Midland Site" and the parcels owned by Agency are referred to as the
"Agency Site." The Midland Site and the Agcncy Site arc collectively refcrred to herein as the
"Site," and are legally deseribed in thc 'Legal Description" attachcd hereto as Exhibit "A" and
dcpicted in the 'Site Map" attached hereto as Exhibit 'B," both of which exhibits are incorporated
herein. The Midland Sitc is depicted on the Sitc Map as the "Future Midland Animal Clinic" and the
Agcncy Site is depicted thereon as the "Redevelopment Agency Property"
C Agency and Developer now wish to enter into this Agrcemcnt to provide for the
shared use of thc drive aisle that will traversc the Site once the Site has becn developed ("Drive
Aisle"), thc distribution betwecn Agcney and Developer of the cost of maintaining Eascment Areas
(defined below) and the Sharcd Trash Enclosurc (defined bclow), an easement for access, ingress,
lJUCSUC/1205.187v7/022345-0095
~<6' /OO~
. . 6579
and egress to, from, and across the Midland Site and the Agency Site, and such other provisions as
are sct forth herein.
D All capitalized terms used herein but not specifically defined shall have the meanings
set forth in thc DDA.
NOW, THEREFORE, the Parties agree as follows'
1 Reciprocal Access, Ingress, and Egress Easements.
(a) Agency hereby grants to Developer the perpetual, non-exclusive easement for
access over, through, and anoss a portion of the Agency Site as set forth in the development plans
approved by the City ("Agency Easement Area") for vehicular and pedestrian access, egress, and
ingress ("Agency Easement") Developer hereby grants to Agency thc perpetual, non-exclusive
easement ovcr, through and across,a portion of the Midland Site as set forth in the development plans
approvcd by the City ("Developer Easemcnt Area") for vehicular and pedestrian access, egress, and
ingress ("Developer Easement"). The Agency Easement Area and thc Developer Easement Area are
sometimcs collectively referred to herein as the "Easement Areas." Thc Agency Easement and the
Devcloper Easement arc sometimes collectively referred to hereIn as the "Easements." The specific
location of the Easement Areas shall be determined based on the development plans approved by the
City, and may be changed in the event the Agency or Developer elect to redevelop the Agency Site
or the Midland Site, respectively, so long as the essential purpose of providing vehicular and
pedestrian access, egress, and ingress to the Agency Sitc and the Midland Site is fulfillcd.
(b) The Easements shall be limited to the driveways, the Drive Aisle, and any
sidewalks within the Site, as such areas may bc improved for access from time to limc. The
Easements db not include or provide'the right to park vchicles in parking spaces owned by the other
Party; each Party shall have the right,to use and allow use of the parking spaces located on the parcel
of real property owned by that Party, but shall not be pcrmitted to use or allow the use ofthe parking
spaces located on the parcel of real property owned by the othcr Party Each Easement is
appurtenant to the property utilizing the respective Easement Area (the "Dominant Tenement") and
will run wilh the land and burden the propcrty containing such Easement Area (the "Servient
Tencment").
(c) Maintenance of Easement Areas. The Agency and Developer covenant to
maintain the Agency Easement Area and the Developer Easement Arca, respectively, in accordancc
with the Po way Municipal Codc and any and all other applicable local, state, and federal laws, rules,
and regulations, as follows.
(i) Maintenance of the surfaces of all paved portions of the Easement
Areas, including sidewalks and curbs, so that the surfaces are free from potholes and hazards to
pcdestrian and vehicular use, and evenly covered with the type of surfacing material originally
installed or a substitute material that is equal in quality, appearance and durability and to reseal and
resurface as may be necessary
(ii) Removal of all papers, dcbris, trash and refuse from thc Easement
Areas, and steam cleaning, washing or thorough sweeping of paved areas, as required to maintain the
Easement Areas in a first-class and clcan condition.
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DOCSOC/1205487v7/022345-01195
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6580
(iii) Placement, repair, replacement and repainting as necessary of
entranccs, exits, directional signs, strlpmg, markcrs, bumpers, and lighting within the Easement
Areas, including bulbs and light standards.
(iv) All other items of repair, replacement and/or maintenance that may be
needed from time to time to properly maintain the Easement Areas.
(d) Cost of Maintenance The cost of maintaining the Agency Easement Area,
including the portion of the Drive Aisle located thereon, shall be and remain the responsibility of the
Agency The cost of maintaining the Dcveloper Easement Area, including the portion of the Drive
Aisle located thereon, shall be and remain the responsibility of Developer
2. Trash Enclosure
(a) Shared Trash Enclosure. Developer shall, at its own cost and expense,
construct a trash enclosure ("Shared Trash Enclosurc") large enough to providc space for Dcveloper
to storc roll-away trash receptaCles in conncction with the operation of the Midland Site. Agcncy, or
its successors in interest to the Agency Site, shall construct the remaining portion of the Shared Trash
Enclosure at its own cost and expense, which shall be large enough to provide space for Agency to
store roll-away trash receptacles in connection with the operation of the Agency Site. The Shared
Trash Enclosure shall bc located at the eastern end of the property line separating the Agency Site
from thc Midland Site; the portion of the Shared Trash Enclosure to be constructed and used by
Devcloper shall be situated on the Midland Site and the portion of the Sharcd Trash Enclosure to be
constructed and used by the Agency shall be situated on the Agency Sitc, or in such other location as
may be provided in the plans and drawings approved by the City for the developmcnt of the Midland
Site.
(b) Cost of Shared Trash Enclosure Maintcnance. The cost of maintaining the
Shared Trash Enclosure shall initially be paid by Developer; upon completion by the Agency of the
portion of the Shared Trash Enclosure to be located on the Agency Site and used by the Agency, the
cost of maintaining thc Shared Trash Enclosure shall be divided equally between the Parties, such
that each Party will pay for one half(1/2) the cost of maintaining the Shared Trash Enclosure.
3 Usc of Agencv Site. Agency hereby agrees to rcstrict the use of the Agency Site to
prohibit the operation of a Sit-Down Restaurant thcreon. As used herein, "Sit-Down Restaurant"
mcans a food service establishmcnt in which more than fifty percent (50%) of the revenucs of the
establishment arc obtained from patrons purchasing food to be consumed on the premises. "Sit-
Down Restaurant" shall not include a food service establishmcnt in which less than or equal to fifty
percent (50%) of the revenues of the establishment arc obtained from the sale of food which is
carried away by the purchascr for consumption elsewhere. Nor shall "Sit-Down Restaurant" include
an establishment if more than seventy-fivc percent (75%) of the revenues of the establishment are
obtained from thc sale of coffcc or other bcverages, ice cream, pastries, or othcr desert, packaged
food products, or any items other than food.
4 No Obstruction of Easements. Neither Party will block, obstruct or in any way
interferc with the Eascment Areas, it being understood that such Eascment Areas exist in order to
provide for the smooth and unobstructed flow of pedestrian and vehicular traffic and access through
and across those portions of the Site which, by the nature of the parking and acccss improvements,
arc intended for such uses. No fences, walls or other barriers will be constructed in such a manner as
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. . 6581
to interfere with the beneficial use of the Easement Areas by the Parties, as provided herein. The
Parties will each take all steps reasonably necessary in order to insure that their respective licensees,
agents, employees and invitees comply with the provisions of this Agreement. Notwithstanding the
foregoing, the owner of each Easement Area may temporarily close or relocate a portion of any
access or traffic areas located on such Easement Area as may be necessary to construct
improvements, make rcpairsor alterations, or comply with laws, rules, or rcgulations of
governmental or quasi-governmental authorities having jurisdiction over such Easement Area.
S Insurance. Agency and Developer shall each maintain or cause to be maintained
commercial general liability insurance against claims for bodily injury or death occasioned by
accidents occurring on or in connection with use of the Easement Area located on the Agency Site
and the Midland Site, respectively, with limits of not less than $1,000,000,00 combined single limit
with respect to injury or death, written on an occurrence form, and .not less than $500,000.00 with
respect to property damage.
6. Indemnity The owner of each Dominant Tenement shall indemnify, defcnd and
hold, the owner of thc Servient Tenement, their parent companies, affiliates, subsidiaries, members,
officers, dircctors, employces, attorneys, contractors, subcontractors, representatives, agents,
successors and assigns (individually "Indemnified Party," and collectively "lndcmnified Partics")
harmless from and against any and all claims, licns, damages, liabilities, actions, costs, and cxpenses
(including reasonablc attorneys' fecs) arising from or attributable to the use and maintenance of the
Easement Area on the Servient Tenement by the owncr of the Dominant Tenement and its Related
Parties.
7 Running with Land; Binding Effect. Thc Easements described in this Agreement
shall be qeemed established upon the recording of this Agrcement and shall thereafter be considered
covcnants running with the land for the use and benefit of the Site and the owners thereof, as
provided in Section 1468 of the c:alifornia Civil Code, superior to all other encumbrances affecting
any portion of the Site. Individual conveyanccs of the Midland Site or the Agency Site may, but
shall not be rcquired to, set forth such Easements. This Agreement, and the rights and obligations
associated thcrewith, may not be separatcly assigned or conveyed, but the rights and obligations
described herein and the Easements.created hcrcby are specifically appurtenant to and for the benefit
of the Midland Site and Agency Site, as applicable. Deeds, leases or other conveyances of either of
the Midland Site or the Agency Site, or any part thcreof, may contain the covenants, easements, and
conditions hcrcin set forth by referencc to this instrument; but regardless of whether any such
rcfcrcnce is made in any instrument of conveyance, each and all of the easements, covenants and
conditions hcrein contained shall inure to the benefit of and be binding upon the owners of the
Midland Site or the Agcncy Site, their grantees, lessees and their heirs, personal representatives,
successors and assigns.
8 No Dedication for Public Use; No Fecs. The provisions hereof are not intended to
and do not constitute a dedication for public usc, and the rights herein creatcd are private and, except
as provided in Paragraph 7 hereof, for thc benefit only of the owncrs of the Sitc and the Relatcd
Partics. No fees shall be charged in connection with Easements created hereunder
9 No Partnership. It is agrecd that nothing contained in this Agreement shall be
deemed or construed as creating a partnership, joint venture, or any association between the Parties
hereto or any future owners ofthe Site.
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DOCSOCI t 205487v7 /022345 -009 5
. . 6582
10 Related Parties. The term "Related Parties" includes, but is not limited to, all
employees, members, officers, directors, shareholders, contractors, subcontractors, invitees,
customers, partners, joint venturers, agents, lessees, sub lessees, licensees, concessionaires, visitors,
guests, successors, assigns, heirs, personal representatives and administrators of owners.
II Term/Termination. This Agreemcnt and the Easements shall be perpctual until
terminated by an executed, acknowledged and recorded document effecting such termination,
executed by all then owners of the Midland Site and the Agency Site. In the event that an Easement
is no longer required over, through and 'across either or both ofthe Developer Easement Area and the
Agency Easemcnt Area, as provided. in this Agreement, then said Easement may be quitclaimed by
the then owner(s) of the Dominant Tenement to the then owner(s) of the Servient Tenement;
provided, however, such document shall not be effective without the prior written approval of the
City of Poway, which approval shall not be unreasonably withheld, conditioned or delayed. Any
attempted or purported modification or termination in violation of this Section shall be void and shall
confer no rights upon any third person.
12. Entire Agreement. Any oral representations or modifications concerning this
instrument shall bc of no force and effect excepting however a subsequent modification in writing,
signed by the Party to be charged, approved in writing by the Executive Direetor of the Poway
Redevelopment Agency (or the Executive Director's authorized representative) and recorded in the
official records of the County of San Diego, California.
13 Attorneys' Fees. In thc event of any controversy, claim or dispute relating to this
Agreement or the breach or interpretation thereof, the prevailing party will be entitled to recover
from the other party reasonable expenscs, attorneys' fees and costs.
14 Miscellaneous. ThisAgreement is also governed by the following: (a) headings are
for convenience only and shall not be used to interpret the provisions set forth herein; (b) ihe
interpretation and enforcement of provisions shall bc governed by the laws of California; (e) all
rights and remedies shall be cumulative; (d) any consent or approval required hereunder shall not be
unreasonably withheld; (e) all provisions shall be deem cd to be both covenants and conditions; (I) the
signatories below are authorized to cxccute this Agreement; (g)whenevcr required, all references to
male gender shall include the female gender and vice versa, (h) failure to enforce a provision of this
Agreement shall not constitute a .waiver of the right to enforce such provisions; (i) provisions of this
Agreement may only be waived in writing by the person or entity intended to be benefited by the
provisions, and a waiver by a person or entity of a breach hereunder shall not be construed as a
waiver of any subsequent breach of the same or other provisions; UJ if any portion or any provision
of this Agreement is held to be, unenforceable, any enforceable portion thereof and the remaining
provisions shall continue in full force and effect; (k) no rule of strict construction shall be applied in
connection with this Agreement; (I) the liability for any defaults under this Agreement by an owner, a
Related Party, or a m0l1gagee is limited to the period of time that such person or entity has fee
ownership of its respective portion of the Site; (m),time is of the essence; (n) all exhibits attached
hereto are incorporated herein; and (0) this Agreement shall be recorded in the Official Records of
San Diego County
15 Counterparts. lhis Reciprocal Easement Agreement may be signed in multiple
counterparts which, when signcd by all Parties, shall constitute a binding agreement.
5
[)OCSOC/12054~7v7/022]45-00Y5
. . 6583
IN WITNESS WHEREOF, the Parties hereto have executed this Reciprocal Easement
Agreement as of the date and year first set forth above.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic
BY'
Executive Director
ATTEST:
Secretary
APPROVED AS TO FORM:
\fSUrt~ ~
Stradling Y occa Carlson & Rauth
Agency Special Counsel
DEVELOPER.
MIDLAND ANIMAL CLINIC, INC.,
a California corporation
BY'
Its:
[Signature Page Continues on Page 7J
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DOCSOC/ 1205487v7 /022345-0095
. . 6584
IN WITNESS WHEREOF, the Parties hereto have executed this Reciprocal Easement
Agreement as of the date and year first set forth above.
AGENCY:
POW A Y REDEVELOPMENT AGENCY, a public
hody, "~m'. ~d P<>",;o 9
BY-C;<~~
Executive'Director
~X~~ Rod Gould
Secretary
L.Diane Shea
APPROVED AS TO FORM,
Stradling Yocca Carlson & Rauth
Agcncy Special Counsel
DEVELOPER.
MIDLAND ANIMAL CLINIC, INC.,
a California corporation
JjJ ~
John L. Augu
~^
[Sign at/ire Page Continues on Page 7}
6
DOCSOCJI2054B7v7/022345-00~5
, . 6585
,
[Signatare Page Continuedfrom Page6[
.JOHN L. AND DIANA L. AUGUSTINE TRUST
DATED MARCH 18, 1986
By' d!I~
John L. Augu ne
By Q..{ C,.,4 ./u::;-,-<de,!' '~b
Diana L. Augusti I
N.K. AND P.E. SWITZER FAMIL Y TRUST
DATED APRIL 6, 2000
By' ~e;-,2+ rrz,~~-L
BY~ \~~
P. . SWitzer
7
DOCSOLl12U5487v7/022345-0095
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6586
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
R.
1
'I
State of califOrnia} .1
~ ~ - 1
I, County of ~. 'VYl ~ ,I
I On J)e(}~.A2hlc'2ft ..JIYJ7 before me,
Date I
1
personally appeared
P '.J ..1 .? d L.. .,.1' Name(s) of Signer s)
[;, x,v/7, M1<71. I'() ,-,,{lOA' .1
. 0 personally known to me
[, ~ proved. to me on the basis of satisfactory
I evidence ,I
I '1
I to be, the perSO~Whose nam~ is/~ '1
I subscribed to the within instr ent~' )
~ - - - - - - - - _ _ _ _ ~ acknowledged to me that he/s he executed 1
~ NICOLE MANZANO the sa~ in his/herl eir authorized
1 -' Commission # 1493526 capacity es and that y his/her' eif 'I
I' ~ ,-ei Notary Public - California ~ signatu( n the instrument the perso~ .1
1 ~. My San Ole9<' cO~~..:}~81 the entity upon behalf of which the perso~
Comm. Expfres Jun 1, 2008 acted executed the instrument
__ - - - - - __ - __ . , . 'I
I
1
I, OPTIONAL
I Thol.Jgh the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
I fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document I
Document Date: Number of Pages: 1
1
1 Signer(s) Other Than Named Above: 1
1 Capacity(ies) Claimed by Signer
Signer's Name: ,I
. 1
o Individual Top of thumb here
D Corporate Officer - Titlels): 1
D Partner - D Limited D General
D Attorney-in-Fact
1 D Trustee
I 0 Guardian or Conservator
1 D Other
'I
Signer Is Representing: 'I
1
'-'- ~~~~~
IQ 1999 Naloonal Notary Association 9350 De Solo Ave" P.O. Bo~ 2402' Chatsworth. CA 91313-2402' www.riationalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-8()()"876-6827
. EXHIBIT A .
658'7
LEGAL DESCRIPTION
REGIPROCAL EASEMENT. AREA
LOTS 2 THROUGH 5 INCLUSIVE, TOGETHER WITH THOSE VACATED
PORTIONS OFTHE ALLEY" IN BLOCK IOOF PIERMONT;IN THE CITY OF
POWAY, COUNTY OF SANDIEGO"STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 331"FILED IN THE OFFICE OFTHE,COUNTY REGORDER
OF SAN DIEGG ~OUNtY MAY 27,1887, AND DESCRIBED AS PARCELS 'A', 'B'
AND 'c' IN DEED TO.POWA Y REDEVELOPMENT AGENCY PER DOGUMENT
RECORDED FEBRUARY 13;J99J AS FILENO 199h0068847, OF OFFICIAL
RECORDS ON FILE INTHEOFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY
EXCEPTING THEREFROM.
THE WES'FERL Y 6.00 FEET OF SAID LOTS 2 THROUGH 5
TOGETHER WITH.
THAT PORTION OF LOTS] AND 2 TOGETHER WITH THOSE V ACA TED
PORTIONS OF AUBREYSfREETAND THE ALLEY; IN.BLOCK 10 OF
PIERMONT, IN THE CITY.GF PG'YAY, COUNTY QF S,ANDlEGO,STATE OF
CALIFORNIA, ACCORDING :TO MAP THEREOF NO ,331, FILED IN THE OFFICE
OF TJ;!E COUNTY RECORQER,OFSANDlEGO c;OU1:n:Y~MAY 27, 1887, AND
DESCRIBED AS PARCEL 1 IN DEED TO NORMANKENTSWITZER AND
PATRICE ELIZABETH SWITZER, TRUSTEES OF THEN.K. AND P.E. SWITZER
FAMIL Y TRUST, DATED APRIL 6, 2000, PER DOCUMENT RECORDED JULY 10,
2000 AS FILE NO 2000-03614~3,. OPOFFICIAL RECORDS, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
THAT LAND LYING WESTERLY, NORTHWESTERLY AND NORTHERLY OF
THE FOLLOWING DESCRIBED LINE.
BEGINNING AT THE SOUTHWEST CORNER OFSAID LAND IN DEED TO THE
N.K. AND P:E. SWITZER F AMIL Y TRUST, DA TEB,APRIL 6, 2000; THENCE
ALONG THESOUTHLINE THEREOF, AND THE NORTH LINE OF PARCEL 'c'
IN DEED TO POWAY REDEVEtOPMENT AGENCY PER' DOCUMENT
RECORDED FEBRUARY 13, 1991 AS'DOCUMENT J.~91-0068847, OFFICIAL
RECORDS, SOUTH 89034'21 " EAST, 6.00 FEET TO A POINT THA TIS 6 00 FEET
EASTERL Y MEASURED AT RiGHT ANGLES tOTHE:'EA1ST LINE OF MIDLAND
ROAD (80 FEET WIDE); THENCE LEAVING SAID:SOUTH LINE NORTH
00"08'25" EAST, PARALLEL WITH SAID EAST LINE, 38.87FEET TO THE
BEGINNING OF A CURVr;:CONCA VE SOUrHEASJERL Y HAVING A RADIUS
OF25 00 FEET, THENCE LEAVING SAID PARALLEL LINE NORTHEASTERLY
39.40 FEET ALONG SAlD'CURVE THROUGH A,CENTRAL ANGLE OF 90017'14"
N ISDB030700lDoclLegalslRECIPROCAL EASEMENT.doc
. .
658B
TO A POINT THAT IS 28.00 FEET SOUTHERLY MEASURED AT RIGHT
ANGLES TO THE NORTH LINE OF SAID LAND TOTHE N.K. AND P.E.
SWITZER FAMILY tRUST, DATED APRIL 6,2000; THENGEP ARALLEL WITH
SAID NORTH LINE SOUTH 89034'21 " EAST,]4907 FEET TO A POINT ON THE
EAST LINE OF SAID LAND'T,O THE N.K..AND P,E..SWITZER F AMIL Y
TRUST,DATED APRIL 6, 2000, SAID POINT BEING THE POINT OF TERMINUS.
CONTAINING 6,841 SQUARE FEET OR 0 ls7ACRES.
ALL AS SHOWN ON THE PLAT ATTACHED HEREWITH AND MADE A PART
HEREOF
PREPARED BY
NOLTE ASSOCIATES, INC
~C:/,1Z ~;# /7-(2. 'f (0 r
PAUL G ROBOTTA DATE
L.S. 5334
N '\SDB030700\Doc\Legals\RECIPROCA LEAS EMENT .doc
.
EXHIBIT B
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PAUL G. ROBOTTA DATE
L.S 5334
SHEET NUMBER
RECIPROCAL E'ASEMENT AREA 1
'8 E YON '0 E N GIN E. E R I.N G OF 2 j SHEETS
'1so7DAV~OF;scENCE.,8lm:100. WI DlEGO.CA"'2128 PREPARED FOR CITY OF POWAY DATE SUBMITTED, JUt Y.2007 ~JOB,,~UMBER
'8SU35.0500-,TEL 853.3S5.04llOfAX " 1D.Nlll.TE.COlllj SDB030700
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N8976'02''W
6.00' _ IBC' WIDE) N
I ADRIAN STREET I
GRAPHIC SCALE
AREA '" 48,1/9 SI OR 1 105 ACRES 0' 25' 50' 100'
, .
SCALE 1"~ 50'
SHEET NUMBER
RECIPROCAL, EA'SEMENT AREA 2
8, E 'Y 0 N DEN 0 I NEE R ,I' N G OF 2 SHEETS
1501<l'Amu OF sCENce.'stm:.'IDO SAN D. C....\W8 'JOB NUMBER"
""".0500 TEL ,......."",,,' ,n.....cou PREPARED FOR: CITY OF POWAY DATE SUBMITTED, JULY,2007 SDB030700
N'\SDBOJ0700,Codd\RECIPRDCAL EASEMENT.d'9 12/21/2007 2~16,OI PM PST
(if CHICAGO TI,* COMPANY .
~ ~ 2365 NORTHSIDE DR #600, SAN DIEGO, CA 92108
-
Phone (619)521-3451 Fax (619)521-3610
RECEIVED
FEB 0 8 2008
CITY OF POWAY RDA
David Narevsky
poway Redevelopment Agency DATE February 4, 2008
13325 Civic Center Drive
Poway, CALIFORNIA 92064 REGARDING: Parcel 1 Dedication to City of poway
ORDER NO. 608031320 - P07
In accordance with instructions in the above order number, we enclose herewith our Policy of
Title Insurance.
Any documents recorded in connection with this transaction will be forwarded to you direct
from the County Recorder's office.
Should you have any questions, please contact the undersigned.
It has been our pleasure to have handled this transaction for you. If, at any time in the future
we can assist you, we will be pleased to have you request CHICAGO TITLE COMPANY.
We appreciate your business,
Sincerely,
CHICAGO TITLE COMPANY
JOHN R HALL ~i\t 1~.j"'lAAGt.
~'^ ~'i.\.\41'N)
fv\\'{)\wJ- ~01~vVltt C\il'Jl'C J
N~~ ().."-!.~'O b1
12- () ,4-
l-\~\U~
01 POLENC-07j93bk ~
o i- - o+-~ <{' I~'? Om-LiO
0'160-10
I
8. LIMITATION OF LIABILITY insured claimant, the Company shall be subrogated (i) as to an insured owner,
(a) If the Company establishes the title, or removes the alleged defect, lien to all rights and remedies in the proportion which the Company's payment
or encumbrance, or cures the lack of a right of access to or from the land. or bears to the whole amount of loss; and (ii) as to an insured lender, to all rights
cures the claim of unmarketability of title, or otherwise establishes the lien of and remedies of the insured claimant after the insured claimant shall have
the insured mortgage, all as insured, in a reasonably diligent manner by any recovered its principal, interest, and costs of collection.
method, including litigation and the completion of any appeals therefrom, it If loss should result from any act of the insured claimant, as stated above,
shall have fully performed its obligations with respect to that matter and shall that act shall not void this policy, but the Company, in that event, shall be
not be liable for any loss or damage caused thereby. required to pay only that part of any losses insured against by this policy which
(b) In the event of any litigation, including litigation by the Company or with shatt exceed the amount, if any, lost to the Company by reason of the impair-
the Company's consent, the Company shalt have no liability for loss or dam- ment by the insured claimant of the Company's right of subrogation.
age until there has been a tinal determination by a court of competent jurisdic- (b) The Insured's Rights and Limitations.
tion, and disposition of all appeals therefrom, adverse to the title or, if applica- Notwithstanding the foregoing, the owner of the indebtedness secured by
ble. to the lien of the insured mortgage, as insured. an insured mortgage, provided the priority of the lien of the insured mortgage
(c) The Company shalt not be liable for loss or damage to any insured for or its enforceability is not affected, may release or substitute the personal
liability voluntarily assumed by the insured in settling any claim or suit without liability of any debtor or guarantor, or extend or otherwise modify the term.s of
the prior written consent of the Company. payment, or release a portion of the estate or interest from the lien of the
(d) The Company shall not be liable to an insured lender for' (i) any indebt- .insured mortgage, or release any collateral security for the indebtedness.
edness created subsequent to Date of Policy except for advances made to When the permitted acts of the insured claimant occur and the"insured has
protect the lien of the insured mortgage and secured thereby and reasonable knowledge of any claim of title or interest adverse to the title to the estate or
amounts -expended to prevent deterioration of improvements: or (ii) construe- interest or the priority or enforceability of the lien of the insured mortgage, as
tion loan advances made subsequent to Date of Policy, except construction insured, the Company shall be required to pay only that part of any losses
toan advances made subsequent to Date of Policy for the purpose of financing insured against by this policy which shall exceed the amount, if any, lost to the
in whole or in part the construction of an improvement to the land which at Company by reason of the impairment by the insured claimant of the Compa-
Date of Policy were secured by the insured mortgage and which the insured ny's right of subrogation.
was and continued to be obligated to advance at and after Date of Policy. (c) The Company's Rights Against Non-Insured Obligors.
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF The Company's right of subrogation against non-insured obligors shall
LIABILITY exist and shall include, without limitation, the rights of the insured to indem-
(a) All payments under thispoJicy, except payments made for costs, attor- nities, guaranties, other policies of insurance or bonds, notwithstanding any
neys' fees and expenses, shall reduce the amount of the insurance pro tanto. terms or conditions contained in those instruments which provide for subroga-
However, as to an insured tender, any payments made prior to the acquisition tion rights by reason of this policy.
of title to the estate or interest as provided in Section 2(a) of these Conditions The Company's right of subrogation shall not be avoided by acquisition of
and Stipulations shall not reduce pro tanto the amount of the insurance an insured mortgage by an obligor (except an obligor described in Section
afforded under this policy as to any such insured except to the extent that the 1 (a)(ii) o1'these Conditions and Stipulations) who acquires the insured mort-
payments reduce the amount of the indebtedness secured by the insured gage as a result of an indemnity, guarantee, other policy of insurance, or bond
mortgage. and the obligor will not be an insured under this policy, notwithstanding See-
(b) Payment in part by any person of the principal of the indebtedness, or tion 1 (a)(i) of these Conditions and Stipulations.
any other obligation secured by the insured mortgage, or any voluntary partial
satisfaction or release of the 'insured mortgage, to the extent of the payment, 13. ARBITRATION
satisfaction or release, shall reduce the amount of insurance pro tanto. The Unless prohibited by applicable law, either the Company orthe insured may
amount of insurance may thereafter be increased by accruing interest and demand arbitration pursuant to the Title Insurance Arbitration Rules <;>f the
advances made to protect the lien of the insured mortgage and secured American Arbitration Association. Arbitrable matters may include, but are not
thereby, with interest thereon, provided in no event shall the amount of insur- limited to, any controversy or claim between the Company and the insured
ance be greater than the Amount of Insurance stated in Schedule A. arising out of or relating to this policy, any service of the Company in connsc-
(c) Payment in full by any person or the voluntary satisfaction or release of tion with its issuance orthe breach of a policy, provision or other obligation. All
the insured mortgage shall terminate all liability of the Company to an insured arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
lender except as provided in Section 2(a) of these Conditions and Stipula- be arbitrated at the option of either the Company or the insured. All arbitrable
tions. matters when the Amount of Insurance is in excess of $1,000,000 shall be
10. LIABILITY NONCUMULATIVE arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to ,this policy and under the Rules in effect on the date the
It is expressly understood that the amount of insurance under this policy demand for arbitration is made or, at the option of the insured, the Rules in
shall be reduced by any amount the Company may pay under any policy effect at Date of Policy shall be binding upon the parties. The award may
insuring a mortgage to which exception is taken in Schedule B or to which the include attorneys' fees only if the laws of the state in which the land is located
insured has agreed, assumed, or taken subject, or which is hereafter exe- permit a court to award attorneys' fees to a prevailing party. Judgment upon
cuted by an insured and which is a charge or lien on the estate or interest the award rendered by the Arbitrator(s) may be entered in any court having
described or referred to in Schedule A, and the amount so paid shall be jurisdiction thereof.
deemed a payment under this policy to the insured owner. The law of the situs of the land shall apply to an arbitration under the Title
The provisions of this Section shall not apply to an insured lender, unless Insurance Arbitration Rules.
such insured acquires title to said estate or interest in satisfaction of the A copy of the Rules may be obtained from the Company upon request.
indebtedness secured by an insured mortgage.
11. PAYMENT OF LOSS 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) No payment shall be made without producing this policy for endorse- (a) This policy together with all endorsements, if any, attached hereto by the
ment of the payment unless the pOlicy has been lost or destroyed, in which Company is the entire policy and contract between the insured and the Com-
case proof of loss or destruction shall be furnished to the satisfaction of the pany. In interpreting any provision of this policy, this policy shall be construed
Company. as a whole.
(b) When liability and the extent of loss or damage has been definitely fixed (b) Any claim of loss or damage, whether or not based on negligence, and
in accordance with these Conditions and Stipulations, the loss or damage which arises out of the status of the lien of the insured mortgage, or of the title
shall be payable within 30 days thereafter. to the estate or interest covered hereby, or by any action asserting such claim
12. SUBROGATION UPON PAYMENT OR SETTLEMENT shall be restricted to this policy.
(a) The Company's Right 01 Subrogation. (c) No amendment of or endorsement to this policy can be made except by
Whenever the Company shall have settled and paid a claim under this a writing endorsed hereon or attached hereto signed by either the President, a
policy, all right of subrogation shall vest in the Company unaffected by any act Vice President, the Secretary, an Assistant Secretary, or validating officer or
of the insured claimant. authorized signatory of the Company.
The Company shall be subrogated to and be entitled to all rights and 15. SEVERABILITY
remedies which the insured claimant would have had,against any person or
property in respect to the claim had this policy not been issued. If requested by In the event any provision of this policy is held invalid or unenforceable
the Company, the insured claimant shall transfer to the Company all rights under applicable law, the policy shaH be deemed not to include that provision
and remedies against any person or property necessary in order to perfect and all other provisions shall remain in full force and effect.
this right of subrogation. The insured claimant shall permit the Company to 16. NOTICES, WHERE SENT
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these All notices required to be given the Company and any statement in writing
rights or remedies. required to be furnished the Company shall include the number of this policy
If a payment on account of a claim does not fully cover the loss of the and shall be addressed to the Company at the issuing office or to:
. Chicago T.<;urancc Company
National C Administration
, , p.o. Box 45023
Jacksonville, Florida 32232-5023