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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. 1 of 3 (o - aR9 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. 2 of 3 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 �J n Its" ��✓�dr�� . GRANTEE: City of Poway [Signatures must be APPROVED AS TO FORM: Office of the City Attorney BY: + �` cio4j Lisa A. Foster City Attorney M.\plammng \cmr \MCUP \MCUP 94 -03M huntington manor \Revocable License for Trail docz 3 of 3 : IYi4�4if�aN,.�:..441f. )Y.nY. ;rS444 o..Nti'�= �i;.HUaStaS, 7S�.. if i.. 7f; f.: •)f i.S4:iLHUCy Hf: �iL. �SS.wTVriNT of State of California County of San Diego On A lICN57"23 20117 before aae, Phyl Shinn, Notary Public Cate Here Insert Name and Title of the C 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 capacity(i�t), and that by tks /her /t* signature( on the 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 OPTIONAL Though the information below is not requrradi�y law, it may prove valuable to persons reliving 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 Signers) Signer's Name ❑ Individual Ci Corporate Officer—Title(s): rl Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Too of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: --� Signer's Name: ❑ Individual n Corporate Officer— Title(s): C Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator ❑ Other' Signer Is Representing: 02007 Nsfirin.; Nola _ ?'S�?/L\ 'a4�uA �L�d NS<.�vSl4 SLN<(✓4'�/ NLV G� <'NL'NLLN,SL; dnN_�'NL'd' S NL'Ni'ei -BI ltem#5%7 Reorder: Call Toll-Free 1-76-6827 Aga(tclinatn- 9350 Do Sol Ave, 10 'll' .:iY:iL.�iL�iL:if���/.a Ni riiC Y'• l%: i✓: it£' afauq�.'+ ifG: ii! Hv�ti£ �L: Tt4 �Sta< �gvafS.:i&'.:> t?L.'• : :li.,)v!+ ifs: 2f!. n4 .:if:.utf:>fyf..:Tfv Of4»S�:T 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 ' 02007 National Notary Assotaahon- 9350 De Soto Ave. P08ox 2402 'Chatsworth CA 9 1313- 2402 MM Nabonalelotary org Item 05907 Reorder Call TOlh Free 1�80P876 -6827