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Agreement RE: Use of Common Easement 2009-0019241 r' " . :. .' Pt' i~p leon / DOC # 2009-0019241 1111111111111111111111111111111111111111111111111111111111111111111111 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 4 5 6 7 At:RJr.F.MKNT,RE:USEOF COMMON EASEMENT RECITALS 8 , 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 10 9 11 12 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 13 owners of"S$l"$sors~15 No, 317-490-42,317-490-04, 317-4911-06 and 317-490-07 aneascment 14 ' . lIDd right-of-way fur ingress lIlliI egress, and apeed thIIt the OWDllfS of tho aforesaid five parcels 15 wou1d have reciprocaIl'08Iiway easements and fur iDgress and'egress to and from'their Iespective, 16 paroeJs over an area l2IllOlDpl)~";n8 a portion of 1IIe northeasterly COI'lll!l' of APN 317-490-08, the 17 southwesterly l:ODlel ofAPN317-490-42 and the northwesterly comer of APN 317-490-07. A plat 18 reflecting the locationofthc c;aseml2lt is attached hereto as,e>dn'bit B. 19 20 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 21 to provide parldog $paces fur the commelQal building that h8 contemplares.erecting on APN 317. 22 490-08. 2J 24 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 26 IISsesSor pan:e11lllDlbet 317-490-42 coveuant and agree thIIt Stanley G. Kaminski sole successor 27 trustee of the Tessie Kaminski Trust dated May 3), J 991, amlJorthe Kaminski Family Trust may use 28 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. 4 5 6 Dated: 7 8 9 10 II Dated: lZ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 //7/0 '1.200'6 { ( 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 / l~---------'--'- 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' . '. ~ ~ i,' .. Jut 22 08 OS: ISa Stan/June Kaminski 8S8 486 4018 : I 331snu mlf'~~tA :~S 'ON oswo at a. 9t st tZ (t 1:1: It at 6t It LI 91 >1 1'1 El zt 800Z . ~ ':p'~ :pglVQ 11 01 6 I L soot' :P=1l1Q 9 c; 1$IU.l o.D^,lllO)\l B1""d :,{s .~ 'qlfolAl. '8 UQL(a I> . LO P1l1l90 't>O-06t-L 1 E SJ:XIlIIlIU S(:t.mId lOSS~ p1I1l 'Z17 ( -06rL IE 'ON sl~:uud ~1Do.qp1l1l oH~ p!VSzu,03uJSSOJ:l3YJ1llJO.....Oy :w.J~ttl ttllM t =.JRlln lQaseopahsn P!'S 'SII SuolOS .(1\IO]l1l1l '18l11 ~,!^Old R01I6t-LIE 'ON l~md Uoss:lSS1l111 .~ .'; p.3 ': ." ~ -. ./ ""~ " 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? ..,-;e u Sf" TOp of thumb' he-re '-.., Signer ;s representing: -, .1'. . _~ -......,-...... .~ 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 'lr"'6t i-LTD 1{26/,&q 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. \(1\ b~~DD~ 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, \<} EXHIBIT B z o -"I w~ g . "'UI' " 0, .: ,PARCEL "BI" AP!'l'JI7~490-07 PARCEL "C" ? b, APN 317-490~08 i~ Na8.46~IO'E 100,00' ~ -'" W'. 'IlIW 8a '0 '" . N89'46'10~E 100.00' VICINITY~ " ~ I NOT TO'SCALE. Saa'4&aO'E 2&0.00' z .. N9 9~ C> . ~g a -<.0:: w t!) < iE a:: < PARCEL \'Al" ~ !:: u APti 317-49Q'-06 ... t.l t :-- ~~' PARCEL"Al"~~ . APH 317"-490-04 < ' " N8ll'eO'09.( 114.01' PAECEL"D" 'APH 317-490-42 S8B.4&'IO'''' 114:00' SBS.34!33'\1 109.3ll" NBB'46'IO'E 60.00' APH 317-490-05 4IOr' '. . ~!:!l -. '" "'... ... - N8lr46'IO'E 180.00' NOT TO SCALE .~ lit I CITY OF POWAY RECIRRQCALACCESS'EASEMENT APN: 817'490-08 OWNER: TF$.SmKAMINSKl ~A.TE: WIDfOS: PARCEL "C"