Grant of License and Agreement 1990-223351
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RECORDING REQUESTED BY
00 ~PQ 2S AI;! 8' Olr)
"F :-t " I~l' L t...
'CITY OFPOWAY
13325 ,Civic Center Drive
pow-a.y; CA~ 92064
Attn: CITY CLERK
I '" c~filf~;"~l\~t~fu~;t i
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WHEN RECORDED MAIL TO:
CITY OF POWAY
13325 Civic Center Drive
Poway, CA 92064
Attn: CITY CLERK
rJO FEE
Above For Recorder's Use
Documentary Transfer Tax - $0
GRANT OF LICENSE & AGREEMENT
This Grant of License and Agreement '(",Agreement") is made
and entered into by al}d between Leland L. and Margaret Williams,
Trustees of the Williams Family Trus~ Agreement dated May 24,
1982 (hereinafter "Licensor") and the City of Poway, a municipal
corporation (herein'a'fter "Licensee").
Licensor and Licensee hereby agree as follows:
1. Grant of License. Licensor grants to Licensee a
license ("License") 'for ingress, egress, access and storage on
that portion of Licensor's real property as described on Exhibit
A attached hereto and as shown on Exhibit Battached hereto
("License Area"), ThE:! license granted hereby may be used by
Licensees in connection with Licensee's construction of
i,mprovements to Pome:rado Road. Licensor acknowledges ,that the
License Area maybe used for ingress, egress and storage of, heavy
equipment 'and mater,ia,ls and supplies in connection with such work,
of improvement.
2. Assignability. This License granted hereby may be
assigned by Licensor to The Donald L. Bren Company', and its
c9ptractors gr agents, or such other third parties having the
,obligation to perform the work of improvements to PomE;'!rado ,Road.
3~., NOI Other'Use,. Except as specifically granted by this
:L'icense, , Licensee shall have no other rights or interests in 'the
Dicense 'Area and the License Area shall not be used for any other
purpose or use other than as described in Paragraph 1 above.
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4. Indemnification. Licensee shall indemnify, defend and
hold Licensor harmless from and aga'instany loss, cost , liability
or expellse, including attorneys ' fees :incurred, arising from or
relating to the use of the License Area by Licensee, its
assignees, and their respective agents and contractors, including
without limitation any loss or liability caused by fire.
5. Insurance. Prior to using the License Area, Licensee
shall maintain with a reputable insurance company acceptable to
Licensor, a policy of comprehensive general liability insurance
with respect to the License Area, including without limitation
owned and nonowned automobile liability, personal injury, broad
form property damage and liability coverage for not less than One
Million and No/100ths ($1,000,000.00) Dollars in aggregate
liability.
6. Repair of License Area.
License, the Licensee shall repair
License Area and leave the License
condition as it was on the date of
Following termination of this
and correct any damage to the
Area in as near as practicable
this Agreement.
7. Termination. The License granted hereby shall .be
terminated upon Licensee's completion of the work of improvement
to pomerado Road, but in any event it shall terminate not later
than September 1, 1991.
8. Attorneys' Fees. In the event it is necessary for
Licensor or Licensee to employ an attorney or commence an action
to enforcEO!, any of th,e proyisions of thts ;t.e;ttE'!r, the prevailing
party shall be entitled' to receive costs and expenses, including
reasonable attorneys' fees; incurred in connection with such
enforcement.
LICENSOR:
JThis is to eeRily that the interest in real propertj-.:o".))'od
by the deed 01 granl dated '1 c.:>.q.'1 0 from LdCL.~., I '
,^,-J. ,(l"K,')''',,;t lJ; Il,,,,,-, Iv,,' l' "-' '. 10 theCill'
of ,Poway, a politica,l corporalion,8nd/or'govemm8nlal'ageney
is hereby acr~pted by,lhe,undersigned officer oiagoant on be-
half of Ihe City Council pursuani to iiirthority conferred It<;
Resu/ution No, 34. adopted on January 20; 1981 allll IhI;
,,'BRlee consenls'to recordation'thereof by itsduly':aull1orized
officer.
~~~
LELAND L. WILLIAMS, Trustee
~I$CU?~~;<#~
~RET WILLIAMS, Trustee
,Daled: t.{ - I g,." 0
By YllaG4.:.. ~ '
~)1\J()/>-4L
LICENSEE:
CITY OF POWAY
A Municipal Corporation
01/GG53
09/26/89
'Y'\~f'~~
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635
(TRUST)
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On Sep+..""J.e.- :<<t, 1'18"1 before me, the undersigned, a Notary
~ublic in and for said State, personally appeared LELAND L.
WILLIAMS, Trustee, f"'~~Emall.l' lme'.ll'l "tell1Q gr proved to me on the
basis of satisfactory evidence to be the person who executed the
within instrument as Trustee on behalf of the Trust therein named
and acknowledged to me that such Trust executed the same.
WITNE'SS my hand and official seal.
Signature
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@, "',~.~:'" OFFICIAL SEAL
l . \ CATHY BROKAW
; .,.; . NolaJy Publio-COIifomia
, SAN DIEGO COUNTf
, My Comm. &p. May 14, 1993
(TRUST)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~+~.....b~ :Ft,1'18'7 before me, 'the undersigned, a Notary
Public in and for said, State, personally appeared MARGARET
WILLIAMS ,Trustee, ,!3oHl6,nalll' JU'16\i1'l "6g HIe ey proved to me on the
basis of satisfactory evi~ence to be the person who executed the
within instrument as Trustee on behalf of the Trust therein named
and acknowledged to me that such Trust executed the same.
WITNESS my hand and official seal.
Signature
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@'.OFFICIAL'SEAL
.-., CAllfY BROKAW
" . '''. PubIIii-CaIIfomia
, ,,; =YOIEGO COUNTf
". My Comm. Exp. May 14, 1m
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636
(MUNICIPAL CORPORATION)
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On .s,.~l:.er- :29,./'i8,'i, be fore me, the undersigned, a Notary
Public in and for said State, personally appeared
:::raMes L, 8ow~....s',,)( ,personally known to me 91: F~QHQEl to
me nn rho. lv3Sis s't sat'isf:a9-&9ry fr.!i9iitdC'9> to be the CI-ry
t')'\o.rvJ.acor, ' of the,City of Pow,:y and known to me @1: FEe.cd
-rn m~ f"\T'l tHO 13as J.: 6" af 8atl.cf:lctQr~/ 9T"Tl.Q_s'ps.se to be the person who
executed the within instrument on behalf' of said public
co~poration, agency or political subdivision, and acknowledged to
me that such public corporation, agency or political subdivision
executed the same.
WITNESS my hand and official seal
~~~
NOTARY PUBLIC
OFFICIAL SEAL
CATHY BROKAW
NotorJ PubIJo.C8fiIcmI
SAN DIEGO COUHTY
My Comm. Ellp. _14.1993
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SEPTEMBER 1, :1989
JOB NO,. 3"2.5i4'2,.62,
631
EXHIBIT 'A"
LEGA'L DES,CRIPTION
LI(,;:ENSE MEA
'PARCEL '7'31
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BEGINNING AT POINT "0" 'AS DESCRIBED :IN P~c;.E.L 79).., ,pAI~ ,. "
POINT, BEING A POINT IN 'THE ,NORTHEASTERLY, R:rGHTOFWAY 'EINE
OF SAID MISSION ROAD l-'A,SAIDPoiNTBEINGTHE ,TRUE PO [NT
OF'B'EGIN'NciiiG',,'liL~Q ;J3E'ING ~THE BEGINNING' of .A ~70'.;00 F,OOT
RA:QIlJS CURYE CON,CAVE NORTHEASTEREY, A'RA:DIAL LINETOi SAID
I':b:i:'NTBEARS :S,OUTH 22"19'.30'" WEST;" ,
THENCE AWNG: SAIDiRIGHT OF WAY NORTHWESTERLY'ALONG SkID
CURVE THROUGH A CENTRA'"' ANGLE OF 03';02Fr5'i:~;,A bisTfufcE OF
. "~ - "'~. r "-". _ _ " 'I _ ~ ., _ ~ "
25., Q 0' ,FEET;
':rftEi{CE :tf~6R'I:iJ:lb' 23 ',4,8'i
:rHENCE 'NORTH' 43' 42'.4:4'"
THENCE 'NORTH 2.1"3,0',29 "
THENCE 'NORTH 36O>'23"'j'l?"
THENCE ,NORTH 4,1' if7: q ~l'!,
THENCE IN'b'RTH :2'7 "5'0"1:3")'
,'rHENCE WSRTH 2:1,' 3'8':1,7 I'
THENCE ;NORTH68 "2'1'4'3"
THENCE SOUTH 21 "38 "1,:],"
THENCE SOUTH30'[:J;2 ',IS"
,THENCE: SOUTi! :35 "38' ',53 i,
THEficE S,OUTH2,7,' 47, '1'6."
THENCE' SOUTH 4,7 ''49 ',4"6!'
,THENCE' SOUTH 1'1 "50'r4"9'"
Ilr:G:r@I!'lGc. ' "
.WEST,
WEST"
WEST.,
ltE13<T, ,
WEST"
:WEST"
,wEST,
EAST"
EAST"
E;li,ST"
EAST",
EAS,T"
EAST"
E]\,ST,
74..44 FEET!
102.59 ,FEET:;
75.96 FEET.,;
3,9,.4t l"EE,T;
92,.20' FEET;
" ,
43..82 FEET;
404.52 .FEET;;'
10..00 FEE'.I' 1 ,
364.,24' :FEE'l':;
48.3"4 :P'EET ;
1'50.08 FEET;;
119.29FEET:f
:].2,.'00FEET'r
9 <I .7'?F:Ei'ET TO
CONTkINiJ:NGi 0;.,2'44: ACRES MORE OR' LESS..
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THE POINT OF
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AGREEMENT TO CONVEY RIGHT OF WAY
This Agreement To con:e~ Right Of Way ("Agreement") is dated
effective as of September 7 , 1989 and is entered into by and
between Margaret and Leland L. Williams, trustees under the
Williams Family Trust Agreement dated May 24, 1982 ("Williams"),
the City of poway, a municipal corporation ("City") and ITEC
Properties, a California general partnership ("ITEC") with
reference to the following facts:
A. City desires portions of pomerado Road in the City of
poway to be improved by ITEC, or its successors-in-interest.
City has approved certain improvement plans for those portions of
Pomerado Road within the City of poway which have been prepared
by Safino, Butcher & Ormonde on behalf of ITEC and its
successors.
B. In order to complete the improvements on a portion of
Pomerado Road within the City of Poway, ~he City has requested
ITEC to acquire certain property interests from the Williams for
right-of-way, drainage easements and slope easement purposes.
C. In lieu of having the City condemn the real property
interests of Williams, the parties desire to enter into this
Agreement to provide for the ,acquisition of the above described
real property interests from Williams on the terms and conditions
set forth herein.
NOW, THEREFORE the parties hereby agree as follows:
1. Williams' Deed. Concurrent with the execution of this
Agreement, Williams shall convey to City, by grant deed certain
real property interests as more particularly described in the
grant deed attached hereto as Exhibit "A" ("Williams Deed").
Upon execution of this Agreement, Williams shall execute,
acknowledge and deliver to City the Williams Deed.
2. Payment ByITEC. Concurrent with the execution of this
Agreement, ITEC shall deliver to Williams a cashiers check in the
amount of $150,000 ("Acquisition Costs") payable to Williams 'in
consideration of Williams' execution, acknowledgment and delivery
of the Williams' Deed to the City and in order to satisfy all
obligations of ITEC to the City with respect to the acquisition
of right-of-way from the Williams. Receipt of the Acquisition
Costs is hereby acknowledged by Williams.
3. Waiver of Reimbursement. As additional consideration,
ITEC hereby agrees to waive and relinquish any and all rights it
may have to seek reimbursement from the Williams or the City with
respect to the Acquisition 'Costs paid by 'ITEC pUJ:'~\1ant to this
Agreement. Concurrent with the. execution of this Agree!llent, ITEC
shall also cause to be delivered to Williams a letter from Frank
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Asaro, Esq,.,. ~he attorney for The Donald L. Br,en Company, stating
that The DonaldL. Bren Company shall also not seek any
reimbursement from Williams or City with respect to the
Acquisi~ion Costs paid by ITEC pursuant to this Agreement.
4. Allocation of Payment. The Acquisition Costs shall be
allocated as follows:
(a) Right-of-way
(b) Slope Easement
(c) Drainage Easement
(d) Severance Damages
(e) Attorneys' Fees
$ 9,675.00
$ 20,925.00
$ 2,632.00
$107,268.00
$ 9,500.00
5. License. Concurrent with the execution hereof, the
Williams shall also execute, acknowledge and deliver to City a
license ("License"), in the form of Exhibit "B" attached hereto
which allows the Ci~y, The Donald L. Bren Company, or its agents
or assignees, the use of an approximate ten foot (10') band of
real property of the Williams ("Licens,e .Area") for use in
connection with construCting the improvements to Pomerado Road.
6. SurVey Stakes. Prior to any construction being
performed on any of the real property conveyed by Williams
pursuant ,to the Williams' Deed, City shall cause any persons or
entities performing. such work to place accurate survey stakes ten
feet (10') apart to delineate the License Area and the real
property interests conveyed pursuant to the Williams' Deed.
7. Fence. City shall require that any party constructing
the improvements to Pomerado Road shall install a fence along the
edge of the License Area and the remainder of the Williams' real
property prior to any work being performed on the property
conveyed by ~he Wi I Iiams ' Deed. ~
~~:: ~~;~~~~~~~E:g;: '::~;~;~!~~2:1~.r~E~:~:~:f~'~~ 1"
9. Release. The parties hereto for themselves, their ~
successors and assigns do fully release and discharge one another
from any and claims, demands, liabilities" actions, and causes of
action of any nature or sort, liquida,ted or unliquidated, arising
out of or relating to the acquisition of the real property
described in the Williams' Deed and existing as of the date
hereof. The parties agree that this Agreement is fully effective
regardless of any present lack of knowledge on the party of
either party as to any possible claim or any fact or circumstance
pertaining to the subject property, lea.se a.nd action. The
parties, and each of them,expre'sslY waive the. benefits and
proyisionsof Section 1542 of: the Civil Code of ~he Sta,te of
Cali'fornia, and any similar law ~f any state or territory of the
Un,i,ted Sta,tes' or other jurisdiction. Civil Code Section 1542
provides 'as follows:
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"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at
the t,ime, ()f executing the release which if known by him must
have materially affected his settlement with the debtor."
10. Full Satisfaction of ITEC's Obligations. City agrees
that the payment of the Acquisition Costs by ITEC to Williams
fully satisfies ITEC"'s obligations to the City with respect to
acquiring real property interests from the Williams, that the
City is satisfied with the right of way acquired as evidenced by
the Williams Deed, and that neither ITEC nor its
successors-in-interest (including The Donald L. Bren Company)
shall have any further obligation to acquire any right of way or
real property interests from the Williams or pay any additional
sums, costs or expenses to the Williams in connection with any
improvements to pomerado Road.
11. General provisions
(a) The parties hereto are represented by independent
counsel, with whom each has fully discussed the terms and
consequences of this Agreement. Peterson and Price, a
professional corporation, represents ITEC and John Reaves, Esq.
represents the Williams, and Steve Eckis, Esq. represents the
City. The parties acknowledge that they execute this Agreement
of their own free will and under no threat, menace, coercion or
duress, whether economic or physical, from the other party. The
parties acknowledge further that they execute this Agreement
acting on their independent judgment and upon the advice of their
respective counsel, without any representation, expressed or
implied, of any kind from any other party, except as specifically
set forth herein.
(b) The parties agree that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity
shall not be resolved by construing this Agreement in favor of or
against any party herein but rather by construing the terms of
this Agreement fairly and reasonably in accordance with their
generally accepted meaning.
(c) In the event it becomes necessary for any party
hereunder to. obtain the services of an attorney to enforce the
provisiong; of this Agreement against any 'party who has breached
any obligation or warranty set forth herein, the defaulting party
shall pay the reasonable attorneys' fees and related legal
expenses of the non-defaulting party. In the event of any action
for breach of or t'o enforce the provisions of this Agreement, the
court in such action shall award the prevailing party a
reasonable sum for attorneys; fees and legal expenses.
(d) This Agreement may be executed in one or more
counterparts and when executed l;:>y e!l-<::h. of t)1e parties g;ignatory
hereto, sai4 'counterparts shall. constitute a single valid
agreement' even though each of the signatory parties may have
executed separate counterparts thereof.
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(e) This Agreement shall be construed in accordance with
and governed' by the laws of the State of California.
(f) This Agreement shall inure to the benefit of and bind
the parties, successors, heirs and assigns.
Dated: 9- 02Y-tf"f'
~r~d!k~~
LELAND L. WILLIAMS, Trustee
~~t~/~~.M=.pl
R ET WILLIAMS, Trustee
Dated:
9/29/SCJ
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CITY OF POWAY
A Municipal Corporation
By: ~ffi\OO~~
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Dated this~, ,day of~~8e1(
; 19 e!L.
ITEC PROPERTIES, A California General Partnership
By Investors Leasing
A Ca1i"fo . Co
Bt
im Fletcher - President
~~ X ~0~
Lida L.Suverkrubbe - Secretary
By
By
;B}\
By
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'RECORDIN, G:,REQUESTED'BY
. - .-- .-.
, AlliD WHENJRECORDEDMAI,l: TO,
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EXHIB>JT "A"
'~_'!rn~
CITY OF. :POWAY
13'325Ci!"ic :Center OriNe
poway, CA 92064
Attn: John Fj<!:C11
. Asst. City Manager -.I
Street
\'AC!drlifss
d!y_,&
Stateo'L
MAil TAXSTATEMfNTSTO
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CA,T,..N9_ NN,ri0582
TO 1923 cA.:, (2-83)
OTY OFPOWAY
,J 3325 .CJN:lc . Center Drive
Poway, CA 9,2064
Attn:, JohiY, Fi,tch
Ass.t. City ~anager -.I'
, SPACF'A,E!OVE'THISLlNE FOR.RECORDER~SUSE
',' .t~91vidual Grant D,eed.
-T,H.}~:FO~U"F;U,~NISHED\BY TICOR TITLE H~SU~ER5
~am~'
Street;
'A'ddrcss
City 81
State 'L
j ~,~
'<:[ ll..
Th e'uridersigned,'gran ror(s),' d~clare(s):
Documentary transfer:tax' is $ ,
( ) cOl)}puted on f{in vatue-:Of'pfoperiy'conveyed. or
, . .< ), cgniputed on,full value,less,vahle.ofliens,andencunibrances:rerriainlrig,at time of sale,
(,) Unincorporated area:, ( ) CiryoL . and
EOR A VALUABLE CONSIDERA,TIONJreceipr ofwliichishereb~ a~~nC\w..I"dged;
LELAND L. AND MARGARETi~'ILtIAMS', Trust~!=~ !Under' The' williams
Family Trust!>gl:',eeIllent gated, May :24, 19:82
,hcrebyGRf\NT(S) to
CITY OF P0HAY, a MimicipaICbrporation
ille fcillowing,described:real'ptoperryiri,ille
County of San Diego
'City of poway ,',
" SbteofCalif6rnia:
L
Th'e, rea.l property described in Exhibit A, andstfown on, the, exhibit
plat attache,d heFetq and i'ncorporated' by reference.
Dated:
--5-5-90
~~pl'~~d-f~~
LELAND' :L. ,W"" l;iI'AMS,;,' Trustee ,"
, '~"', :':2:;;:, .. ' "",' , ..
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'R RET 'WILLIAMS, Tru's'te'e
-~~-~.;= .
S'l'ATE(OFCAL:IFORNIA
co UNT.Y'O F ' , :i;';'~ J)IEl;o :}ss.
, .
On /71AI'?C i-I $,'; 990 'before
m_e, the undersigned, a Notary Public ina-nd for said State;
'~ersonally,appeared. .!C/.cANO L. t.J/LJ:./Ams
01,,' /JUMG,?f:?E17 6:J;d./;'ms
pexso.~_ally kpown': ,~o."i1).e '~)f 'proved to me on'the ~.i1S!S~O~ sat-
lsfactoryevidenceoto,be:the ,persofi..::r2... whose name ,.5' ar.e..
sub~c~i.eed_. 'to. ~he: \~ltbJn' instrument' and' acknowledged'
that- .."..J..e II' - executedd:he same;.
WITNESS m)tliand)ind'OfficialseaL
Sig-iJifure.i
. .:
C~A~
~. . OFFICIAL SEAL
."".. "'" '. . CATHY BROKAW
!, '. Not8ry PublJO.CaJiIomla
, :::/ . ~ DIEGO COUNlY
'.... ..,' My Comm, Exp, MaY 14, 1993
TIi:le'OrdS,f N.o:
(This area',:(or offlciaj:nourial;s.cal)
EscrO\v or 40an No.
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MAll,TAX Sl'AtE-MENTSAS o'I'RFCl'Fri,ARClvF