Revocable License for Equestrian/Pedestrian Trail 2010-0473154Recording Requested By:
CITY OF POWAY
(Exempt from Recording Fees
Pursuant Pursuant to Government Code
Section 6103, 27383 - Benefits City)
When Recorded Mail to:
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA 92704 -0789
D O C ## 201 0 -04731 54
1111111111111111111111111111111111111111111111111111111111111 IT IN
SEP 08. 2010 2:06 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 000
PAGES:
APN: 321 -410 -41 SPACE ABOVE THIS LINE FOR RECORDERS USE
No Transfer Tax Due per R &T 11922
REVOCABLE LICENSE FOR EQUESTRIAN /PEDESTRIAN TRAIL
THIS Revocable License for Equestrian /Pedestrian Trail is made this c > 2 7o' 6, day of
u ✓T 2010, by the Joan K. Butzen Licensed Clinical Social Worker Corporation
( "Gra tor"), in favor of the City of Poway ( "Grantee "), for the mutual benefit of Grantor and Grantee,
with reference to the following facts:
RECITALS
A. Grantor is the owner in fee simple of certain real property in the City of Poway,
County of San Diego, State of California, with a street address of 14755 Budwin Lane, Poway,
California, and Assessor's Parcel Number of 321- 410 -41.
B. Grantor operates a residential care facility for the elderly on the Property. On May
18, 2010, Grantee, acting by and through its City Council, approved a Minor Conditional Use
Permit, which allows Grantor to remodel the facility.
C. As a condition of granting the Minor Conditional Use Permit for the remodeling of
the facility, Grantee required Grantor to grant a license to Grantee and to the public for the use of a
recreational trail on the Property over and across that certain real property described as follows.
The easterly five (5) feet of Parcel 2 of Parcel Map No. 18994, in the City of Poway, County
of San Diego, State of California, filed in the office of the County Recorder of San Diego
County, June 14, 2002, as File No. 2002- 0505790 of Official Records.
D. The granting of this license by the Grantor will not unduly interfere with the Grantor's
use and enjoyment of the Property.
In consideration of the above recital and mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, Grantor hereby voluntarily deeds and
conveys to Grantee a License over the Property as follows.
1. Grantor hereby grants to Grantee, its successors, or assigns, a revocable license for
equestrian /pedestrian purposes, along with the right to allow the public to access and use the trail.
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The land encompassing this revocable license is situated in the City of Poway, County of San
Diego, State of California, and is more particularly described in Exhibit A, which is attached hereto.
2. Grantee agrees to maintain the trail and all associated improvements in good order
and condition at Grantee's sole expense during the term of this License.
3. Grantee, on behalf of itself, its officers, employees, agents, successors and assigns,
agrees to indemnify, defend, and hold harmless Grantor from and against all liabilities, penalties,
costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, usual and customary attorney's fees, arising from or in any way connected with
injury to or the death of any person, or physical damages to any property, resulting from any act,
omission, condition, or other matter related to Grantee's use of the trail pursuant to this License,
regardless of cause, unless due to the negligence or intentional act of Grantor.
4. This License may be amended by Grantor and Grantee by mutual written
agreement. Any such amendment shall be consistent with'the purposes of this License. Any
such amendment shall be recorded in the official records of San Diego County, State of California.
General Provisions
(a) Controlling Law The interpretation and performance of this License shall be
governed by the laws of the State of California.
(b) Severability If a court of competent jurisdiction, voids or invalidates on its
face any provision of this License, such action shall not affect the remainder
of this License.
(c) Entire Agreement This instrument sets forth the entire agreement of the
parties with respect to the License and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the License. No
alteration or variation of this instrument shall be valid or binding unless
contained in an amendment in accordance with Section 4.
(d) No Forfeiture Nothing contained herein will result in a forfeiture or reversion
of Grantor's title in.any respect.
(e) Captions The captions in this instrument have been inserted solely for
convenience'of reference and are not a part of this instrument and shall have
no effect upon construction or interpretation.
(f) Counterparts The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by parties; each
counterpart shall be deemed an original instrument as against any party who
has signed it. In the event of any disparity between the counterparts
produced, the recorded counterpart shall be controlling.
(g) Revocable. This Revocable License is revocable at any time for any reason
by the Grantor.
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IN WITNESS WHEREOF Grantor and Grantee have executed this License the day and year first
above written.
GRANTOR: Joan K. Butzen Licensed Clinical Social Worker Corporation
BY
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GRANTEE: City of Poway
[Signatures must be
APPROVED AS TO FORM:
Office of the City Attorney
BY: +
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Lisa A. Foster
City Attorney
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On A lICN57"23 20117 before aae, Phyl Shinn, Notary Public
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personally appeared idiyY A L b
PRYLLIS SHINN
Comrnlulon it 1778896
LIT Notary Public • California
San Diego County
Cannt r 111 NOV9,2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person() whose narri is /4e subscribed to the
within instrument and acknowledged to me that
/sheitt* executed the same in �A/her /ff*r authorized
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Instrument the person(X), or the entity upon behalf of
which the person(X) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand nd official seal.
Signature
Sig of Notary Public
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❑ Individual
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State of California
County of San Diego
On d ,k - U 2 , 2Q/,) before me, Phyllis Shinn, Notary Public
Date / ,/ Here Insert Name and Title of the DII¢er '
personally appeared ,IOfIw �C. da7Z�
PHYLLIS SHINN
Commission # 1778898
_e Notary Public - California
San Diego County
Comm. Nov9,2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personal whose name) is /subscribed to the
within instrument and acknowledged to me that
/she /t* exisaited the same in Us /her /tor authorized
capacity(ilitg), and that by * /her /thdir signature(( on the
instrument the �7on(?6, or the entity upon behalf of
which the person( 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.
WITNESS my hand it'd official seal.
Signature
Signature of Notary Public OPTIONAL
Though the information below Is not required by law, if 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _
Cl Attorney in Fact
❑ Trustee Top of thumb here
• Guardian or Conservator
• Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — n Limited CI General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
I HTTHNMSPRINT t OF. SIGNERtty '
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