Agreement RE: Use of Common Easement 2009-0019241
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JAN 15, 2009 10:25 AM
RECORDING REQUESTED BY: )
, )
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
)
)
)
)
)
)
OFFICIAL RECORDS
SAr-I ['IEI,O COUNT'! FIECORDEW, OFFICE
D,~VID L BUTLER, COUI'ITl' FHORDER
FEEI3; 43.00
PAGES: 12
111111I1111111111111111111111111111111111I11111111111111111111111111111111111111
CITY CLERK
CITY OF POWAY
P,O, BOX 789
POWAY CA 92074
(This space for Recorder's Use Only)
Kaminski
AQreement Re: Use of Common Easement
o8~fI g
1 When Reairded Mail To:
2 City Clerk
CityofPoway
3 P.O. Box'789
Poway, CA 92074
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At:RJr.F.MKNT,RE:USEOF
COMMON EASEMENT
RECITALS
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, I. The casement, the subject of this 'agreeQll2lt, was reconted in January 20, 2004 in the
official records oftbe San Diego'CoUDty Recorder as doc:umentNo. 2004-0038469, a copy of which
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i$ _Ri.e<I heIeto as ~'bit A.
2. By its lEmIS Stanley G. and Tom D. fCam;n.lci.succcssor co-trustees of the Tessie
)Camm..1n Trust dmd May 31.1991 owner of~r's parg:l No. 317-490-08 gJDDted to the
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owners of"S$l"$sors~15 No, 317-490-42,317-490-04, 317-4911-06 and 317-490-07 aneascment
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lIDd right-of-way fur ingress lIlliI egress, and apeed thIIt the OWDllfS of tho aforesaid five parcels
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wou1d have reciprocaIl'08Iiway easements and fur iDgress and'egress to and from'their Iespective,
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paroeJs over an area l2IllOlDpl)~";n8 a portion of 1IIe northeasterly COI'lll!l' of APN 317-490-08, the
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southwesterly l:ODlel ofAPN317-490-42 and the northwesterly comer of APN 317-490-07. A plat
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reflecting the locationofthc c;aseml2lt is attached hereto as,e>dn'bit B.
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3. Stanley G. lC.....i"dsi. sole suc;eessor trustEe; of the aforesaid Tessie Kaminski '['rust
desires to Use the ~ so ClUted not only for ingress and egress to APN 317-490-08 but also
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to provide parldog $paces fur the commelQal building that h8 contemplares.erecting on APN 317.
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490-08.
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2S
AGREEMENT
The Undersigned Byron B. Webb, Inc., owner of assessors paroels numbers 317-490.04, 06
and 07 and Paula Cobb, trusteeofthePau1a Mogavero Trust dated Janwuy 25, 1989. owner of
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IISsesSor pan:e11lllDlbet 317-490-42 coveuant and agree thIIt Stanley G. Kaminski sole successor
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trustee of the Tessie Kaminski Trust dated May 3), J 991, amlJorthe Kaminski Family Trust may use
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the easement referred to in the recitals to this agreement to provide pllJ'king and landscaping for and
Case No,
to assessors parcel No. 317-490-08 provided that, and only so long as, said usage does not interfere
2 with the free flow of traffic crossing over said easement to and from assessors parcels No. 317-490-
3 42, and assessor parcels DUIDbers 317-490-04, 06 and 07.
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6 Dated:
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II Dated:
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//7/0 '1.200'6
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B)TOD B. Webb, loc.
By: ~gv&.~
87" /lo,J 8. eJt8B.:PL",P...... IJ~
.2008
Paula Mogavero Trust
By:
Trustee
Case No.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~...a<'~~~~.R"~~~..e<"~~~~~~~~,C(>~~.G('kW'.a"~
State of California }
County of 5 0 IV) QO <;LP a,( r ,
on~~o:e~I\"= ~~d7~J ,WotQ('1\H:l1G
personally appeared b....A '__ ___ :::rrt
o Name(s) 01 Signer(s) f
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EIlEEN M. REVAK
@ "--. "..... I
i' Notary PubUc . Callfomlo I
San DIego County -
J_ _ _ _ _ _~~~l~~l_l~1
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s). or the entity upon behalf of
which the person(s) acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signalure
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 Docurnent
Title or Type of Document '~~ 'IT' Pm fA *' (~ US~ c)~ C-iJ m n a Vl
Document Date: ~ __ Number of Pages:
Signer(s) Olher Than Named Above:
rClRm~i-
Capacity(ies) Claimed by Signer(s)
Top 01 thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Liniited D General
D Anorney in Fact
D Trustee
D Guardian or Conservator
DOther:
Signer's Name:
D Individual
rf.-Corporate Officer - Title(s):
D Partner - D Limited D General
D Anorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top at thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~~~~~~~~'S?V'1dV~~'9V'UV~~"':f:V~~~~~~~~~~~~~~~'
@2007National Notary Association' 93..'>0 De Solo Ave,. PO, Box 2402. Chatsworlh. CA 91313--2402' www.NalionaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827' . '.
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California All-Purpose Acknowled~ment
Siate of California
County of San Diego
On Sf ~TL.fi1 tfL ~ f ;2..CtJi before me. Elizabeth L. Bloom, Notary Public, personally
appeared /1;u.l..A Cod'6 ~
r
who proved to me on the basis of satisfactory evidence
to be the person~ whose namej.8j@are subscribed to
the within instrument and acknowledged to me that
.oo@lRey executed the same in ~r
authorized capacity(-ies)'. and that by ~/their
signatureli) on the instrument the person~, or the
entity upon behalf of which the person(z1 acted.
executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the state' of California that the foregoing paragraph is
true and correct.
r - ~." . . eii~~e~H~ L~ ;L;'b~ . 'l
.' ' Commission # 1748911
1. -iii Not,ary Public: California ,i
San Dlega ,County -
J_ _- y y _ y":~~~~~~2_01.:.1 yl
Witness my hand and official seal.
"g".g~d-'U cY ;&'~
OPTIONAL
Though the informa.t!on,belmvis not-req_uirediby law, it may, prove valual?le,-topersonsrelying on th€l,document a'1d could
prevent fraudulen't removal andreattachmenfof this 'form to a'nother document.
Description of Attached Document
TitleOrTypeOfDOcum;~ u~ A. " ~ ~ C~.'1Jtfr?( ~
Document Date: 7' 4'k _ Number of Pages: ..2-
Signer(s) Other Than Named Above: -
Capacity(ies) Ciaimed by Signer(s)
Signer's Name: 4U.L/I ~1f6
,Top of thumb here
Sigri~ame:
, Indi~al:..
= Corporate,GtQcer - Title(s):
Partner -' . ited General
= Attorney in Fact -
Trustee
Guardian or Conservator
Other:
Individual
~ Corporate Officer,- Title's):
_ Partner - _ Umited General
Attorney in Eact
1 Trustee
Guardian or Conservator
Other:
Signer is representing:4u-<}1 )10 {).A V..t'A?
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Signer ;s representing:
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RecdrdeCl al [11<;; '."'1~--' ..
C)ticagO Title "
Rt:CORDII~G REQUES~ c1J--1:rr:
DOC ~ ~nOh~on70h~O
tt LV 't V,,",O'tO :I
CITY OF POWAY
JAN 20,
2004 B: OC)
!"l~j!
AND WHEN RECORDED MAIL TO:
OFFICIAL ~~COF:DS
SAN DIEGO COlRffY ~~CORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 26.00
OC: HA
THIS GRANT OF EASEMENT is entered into this 6th day of January 2004. by Stanley
G. Kaminski and Tom D. Kaminski, Successor Co-Trustees of the Tessie
Kaminski Trust Dated May 31,1991, or to such successor trustees as may be
hereinafter appointed, (hereinafter referred to as Grantor). Owners of the properties
with ass~ssor's parcel numbers@.:l7-4~-04, 317-490-0(} 317-490-0~and 317_490-42
are hereinafter referred to as Grantee, I \ /1/, L ,i-~,,'\ec
l'(>."C,,"DDU, -
Y>iro.... 1:.. webb/Inc. a.+-tkeP...ul'l l"1og'Wero
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RECITALS:
Grantoris the owner of certain real property, APN No, 31'7-490-08, commonly
, known as 12735 Poway Road located in the City of Poway, California, more
particularly described in Exhibit "A", attached hereto, and incorporated herein by
this reference, and shown on Exhibit "B" as attached hereto and incorporated
herein by this reference,
Grant of Easement:
1.
It is the intent of the Grantor, in entering into this agreement, to provide mutual
easements for the reciprocal access to the properties owned by Grantee
(APN 317-490-04, APN 317-490-06, APN 317-490-07, and APN 317-490-42),
2.
Grant of Reciprocal Access. Grantor hereby grants to Grantees, its heirs,
successors and assigns, vehicular and easement rights-of-way for ingress and
egress, and purposes incidental hereto, on and over portions of Grantor's
property as shown on the attached Exhibit "B", incorporated herein by this
reference. Said Grant of Easement is contingent upon Grantee, its heirs,
successors, and assigns granting to Grantor a similar access easement on
Grantee's property,
3.
Permitted Users. The easements granted herein may be used, on a
nonexclusive basis, by Grantee as expressly provided in this Grant of Easement
and each tenant of any such Grantee and their respective officers, directors,
employees, agents; Contractors, 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.
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4. No Obstruction, Grantee, its heirs, successors, and assigns shall not use or
permit the use ofthe easements granted herein so as to interfere unreasonably
with the use of Grantor,
,5. Effective Date. This agreement will become effective upon parcels
APN 317-490-04, APN 317-490-06, APN 317-490-07, AND 317-490-42 of
Grantee's, its heirs, successors, and assigns agreeing and granting to Grantor
similar access at APN 317-490-08.
6. Grantee, its heirs, successors, and assigns shall have the right to enforce this
Grant. If Grantee, its heirs successors. or assigns file an action of proceeding to
enforce this Grant, the prevailing party shall be entitled to recover from the other
party or parties all reasonable expenses, attorneys fees and costs.
7, Indemnity. Grantee, its 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 granted to it hereunder
and, except for the gross negligence or willful misconduct of the Grantor,
Grantee, its heirs, successors, and assigns agrees 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 Grantee, its agents,
employees,tenants, guests, or invitees of the easements granted to the Grantee
hereunder.
IN WITNESS THEREOF, THE GRANTOR has executed this Agreement this 6th day
of January, 2004.
By: Stanley G. Kaminski
Successor Co-Trustee of the
Tessie Kaminski Trust 05-31-91
Signatur
(Signatu~ s must be notarized. Notary form is attached)
By: Tom D, Kaminski
Successor Co-Trustee of the
Tessie Kaminski Trust 05-31-91
~p
(Signatures must be notarized. Notary form is attached)
'~' .
.
.
STATEOFCA:LIFORNIA
COUNTY OF SIN\ \)\.Q.~
On'~"I'\\.~ {u \p ,lJD--\ , before me, \-\\~ti\R.c. ~f\0\ \t\t.. '\:z.\\-t\\~ry Public,
, ." (Pnnt Name of Notary Publ1C) 0
personally appeared qrN"\\ ~ 1\ ,}. ~ 'J "- f\\N\w\"0\L \
\
)
) ss.
)
o personally known tome
-ore
~ proved to me on the basis of satisfactory evidence to, be the person(s):whose ilame(s) @fare
,s,\l]p>,cribed to th~ within ,instrument and ackiIowled~tome that~slie/they executed tlie same
iIi@!'/het/iheir.authorized:capacity(ies), and that by~er/their signature(s)on the instrument the
~' ~(llJ(s}"m.th~ upon behalf of which the person(s),act,ed, executed the instrument.
, M1CI,I!LI' I'NJIINtIlE~~lT'r
_...'., , c,'"mrr;',,;on # 1'29,~".21.9 , i!:, WITNESS my hand and officiaLseal.
I ~ ,,' NOI~~;,I~~~~c~~I~:,la 'i " \ \ \" \) '\ \\--V-\-\\...-
L:_ _ .:",,::;~~~Xj)iresMarZl;:m;p M\\\~\.X. X!\\ \\'\\U '\R.\." \'~ ~
Signature'OfNNury. ~
OPTIONAL
Though ,the data ,below is not required by'law, it may prove valuable to persons relying on the doc'ument"and could 'prevent
fraudulent ,eattachment of this form.
CAPACITY CLAIMED BYBIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o Individual
'D Corporate Office,
Title(s)
Title Or Type Of Document
o
o
o
o
o
Parmer(s) 0
o
Attomey-InoFact,
Trustee(s)
GuardianJConseorvator
Othe,'
Limited
General
Number Of.Pages
Signer is representing:
Nimlc "Of P~fsOn(s) Or Entity(ies)
Date Of Documents
Signer{s} Other Than Named 'Ab(Jve
DOCSOC\1011OJOvJ\22J45,OOOO
'.
.
.
STATE'OF CALIFORNIA
. COUNTY OF C~ t.
Ori ~'hnl I(J ~ q f:b:kot-f
personallyappear~d '10m 1) .
)
) ss,
)
, beforel1le, --nc..IVlQ,.n G;.:. I {, l'urD-
(Print'Name of Notary Public)
, Notary Public,
t\C:UYli f\ S, l:
W personally known to me
-or-
o proveq to me on the basis of satisfactory evidence, ,to be the person(s) whose name(s) is/are
subscribed to the 'Withiri'iristrument and acknowledged to,me Irat he/she/they'executed the same,
in hislherltheir authorize,l,caRacity(ies), and that by hisfher/theirsignature(s)'on.the instrument the
person(s), or the entity_upOn ,beh,lIf of which the person(s) acted, executed the instrument..
_ ;\;OTARY'PUBlIC
STIl.TE OF;NEVADA
, ,'County'ofClafl<
,/ [l.~RN!:lL G, LAPERA
, ',.. _ '(; ~npt. Njj' 01-69929: 1
, ~J_'.P.m, .f8YO$ J'Jly 31.2005
WITNESS my nand and official seal.
Q~ ff ~~FIA.-
OPTIONAL
Though thedal)1 below is not ,equi,ed by law, ilrnay prove valuable to persons relying on the document'and could prevent
fraudulent reattaclunent of this form.
CAPACITY CLAIMED BYSIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o Individual
o Corporate Office,
Title(s)
Tille Or Type Of Document
Partner(s)
.0
o
Limited
General
o
o
o
o
o
Attorney-In-Fact
Trustee(s)
GuardiarilConser'lator
Oilier:
Number Of Pages
,Signer i.~. representirm;
Name Of Person(s) Or.Entity(ies)
Date Of Docu~nts
Sig~er(5) Other Than Named-Above
DOcsotliollOJOvl122345,OOOO
EXHIBIT f!,
LEGAL DESCRIPTION
APN 317-490-08
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER, WHICH IS 617,00 FEET NORTH OF THE SOUTHEAST CORNER
THEREOF, BEING THE NORTHEAST CORNER OF THE TRACT OF LAND CONVEYED TO
LEE E.DOSS, ETUX, BY DEED RECORDED JULY 16,1953, IN BOO~4923, PAGE 83 OF
OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTH LINE OF SAID DOSS'
LAND, 434,00 FEET TO THE NORTHWEST CORNER THEREOF, AND TO THE TRUE POINT
OF BEGINNING OF THE LINE OF SAID DOSS' LAND TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF ROAD SURVEY NO. 987, AS GRANTED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED AUGUST 9, 1950, IN BOOK 3750, PAGE 458 OF OFFICIAL
RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHERL YRIGHT-OF-WAY LINE
OF ROAD SURVEY TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 100.00 FEET
EASTERLY AT RIGHT ANGLES FROM THE NORTHERLY EXTENSION OF THE WESTERLY
LINE OF DOSS' LAND; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO AN
INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 135.00 FEET NORTHERLY
AT RIGHT ANGLES FROM THE NORTH LINE OF SAID DOSS' LAND BEING ALSO THE
NQRTHWEST CORNER OF LAND CONVEYED TO DAVID C. GOSNELL AND WIFE'BY
DEED REGORDED MAY 8, 1956, IN BOOK 6091, PAGE 232 OF OFFICIAL RECORDS;
THE'NCE CONTINUING SOUTHERLY ALONG THE WESTERLY LINE OF SAID GOSNELL
LAND, 135.00 FEET TO THE SOUTHWEST CORNER THEREOF, BEING ALSO A POINT ON
THE NORTH LINE OF SAID DOSS' LAND; THENCE WESTERLY ALONG THE NORTH LINE
OF SAID DOSS' LAND, 100.00 FEET TO THE TRUE POINT OF BEGINNING,
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EXHIBIT B
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,PARCEL "BI"
AP!'l'JI7~490-07
PARCEL "C"
? b, APN 317-490~08
i~
Na8.46~IO'E
100,00'
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100.00'
VICINITY~
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PARCEL \'Al" ~ !:: u
APti 317-49Q'-06 ... t.l t :--
~~' PARCEL"Al"~~
. APH 317"-490-04
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114.01'
PAECEL"D"
'APH 317-490-42
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114:00'
SBS.34!33'\1
109.3ll"
NBB'46'IO'E
60.00'
APH 317-490-05
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N8lr46'IO'E
180.00'
NOT TO SCALE
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CITY OF POWAY
RECIRRQCALACCESS'EASEMENT
APN:
817'490-08
OWNER:
TF$.SmKAMINSKl
~A.TE: WIDfOS:
PARCEL "C"