Grant of Easement for Reciprocal Access 2004-02127110 �A
—RECORDING REQUE AD BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
No transfer tax due
Tax Parcel No. 317 - 490 -04
317 - 490 -06 and 317 - 490 -07
9489
IOC 2004- 0212711
MAR 16, 2004 8 :45
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 23.00
DC: NA
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT FOR RECIPROCAL ACCESS
THIS GRANT OF EASEMENT is entered into this Z day of 1 (grc'l 2004,
by Byron B. Webb Inc. (hereinafter referred to as Grantor). The Kaminski Family Trust,
owners of the property with assessor's parcel number 317 - 490 -08 and the Paula
Mogavero Trust, owner of the property with the assessor's parcel number 317- 490 -42,
are hereinafter referred to as Grantee.
RECITALS:
Grantor is the owner of certain real property commonly known as 12751 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:
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 -08 and APN 317 - 490 -42). See parcels C and D on Exhibit "B ".
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.
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.
WE
46110--3v 04 -036
9490
4. No Obstruction. Vantee, its heirs, successors, and asons shall not use or
permit the use of the easements granted herein so as to interfere unreasonably
with the use of Grantor.
Effective Date. This agreement will become effective upon parcels
APN 317 - 490 -04, APN 317 - 490 -06, and APN 317 - 490 -07 of Grantee's, its heirs,
successors, and assigns by agreeing and granting to Grantor similar access at
APN 317 - 490 -08 and APN 317 - 490 -42.
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.
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 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 day
of /N a rr L-7 2004.
By: Byron B. Webb, Jr.
President
Byron B. Webb, Inc.
Signature
(Signatures must be notarized. Notary form is attached)
9491
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On March 2, 2004 before me, Eileen Revak
Date Name and Title of Officer fe g ,'Jane Due Notary Public')
personally appeared Byron B. Webb Jr.
Name(s) of Signegs)
LYpersonally known to me- OR-E] proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /arm subscribed to the within instrument
and acknowledged to me that he /s.4wittie -y executed the
same in his /Neattmir authorized capacity(ies), and that by
his /tYanEtl3>ak signature(s) on the instrument the person(s),
EILEENM REVAK or the entity upon behalf of which the person(s) acted,
eornmtulon # 145659e executed the instrument.
Nokuy Ptrm is • caWorri
SmDliCounly - WITNESS my hand and official seal.
MyCOmm. ft�Ye�DOC 16,
Sg azure of Notary Public
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 Document
Title or Type of Document: Grant of Easement for Reciprocal Access
Document Date: March 2, 2004 Number of Pages: 5
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Corporate Officer
Title(5): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
• Trustee
• Guardian or Conservator ,
❑ Other: Top of Thumb here
Signer Is Representing
Byron B. Webb Inc.
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator EM11111M.
❑ Other: Top of thumb here
Signer Is Representing:
0 1994 National Notary Association •8296 Remmet Ave.. Po Box 7104 • Canoge Pad, CA 913097104 Prod No 597 Reorder Cell Toll -Free 1- 800 - 8166821
EXHIBIT A LEGAL DESCRIPTION APN 317 - 490 -07
APN 317 - 490 -06
APN 317 - 490 -04
PARCEL B1:
THE WESTERLY 100.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, DISTANT THEREON 882.00 FEET NORTHERLY
FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH ALONG SAID EAST LINE, A DISTANCE OF
130.00 FEET TO THE MOST EASTERLY, NORTHEAST CORNER OF LAND CONVEYED TO
HARRY WASSO AND WIFE, BY DEED RECORDED JUNE 16, 1954 AND RECORDED IN
BOOK 5285, PAGE 119 OF OFFICIAL RECORDS; THENCE ALONG PORTIONS OF THE
NORTHERLY AND EASTERLY BOUNDARIES OF SAID WASSO'S LAND, WEST 334.00
FEET AND NORTH 130.00 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, THROUGH THE POINT OF BEGINNING; AND BEING THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO ROBERT K. SCHIEFER,
ET AL, RECORDED FEBRUARY 14, 1961 AS FILE NO. 25581 OF OFFICIAL RECORDS;
THENCE EAST ALONG SAID PARALLEL LINE AND THE SOUTH LINE OF SAID SHIEFER'S
LAND, A DISTANCE OF 334.00 FEET TO THE POINT OF BEGINNING.
PARCEL B2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY, DECRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF PARCEL 1 HEREINABOVE DESCRIBED,
DISTANT THEREON 40.00 FEET EAST OF THE NORTHWEST CORNER OF SAID PARCEL
1 ABOVE; THENCE WEST ALONG SAID NORTH LINE, 40.00 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL 1 ABOVE, BEING A POINT ON THE EAST LINE OF LAND
CONVEYED TO HARRY WASSO, ET UX, DATED JUNE 16, 1954 AND RECORDED IN BOOK
5265, PAGE 119 OF OFFICIAL RECORDS; THENCE NORTH ALONG SAID EAST LINE,
57.50 FEET TO THE MOST NORTHERLY CORNER OF SAID WASSO'S LAND, BEING A
POINT ON THE SOUTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 987 (KNOWN AS
POWAY ROAD), AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED
AUGUST 9, 1950 IN BOOK 3730, PAGE 458 OF OFFICIAL RECORDS; THENCE
NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO AN INTERSECTION WITH A
LINE WHICH BEARS NORTH, PARALLEL WITH THE EAST LINE OF SAID WASSO'S LAND
FROM THE POINT OF BEGINNING; THENCE SOUTH ALONG SAID PARALLEL LINE TO
THE POINT OF BEGINNING.
PARCEL Al: 0 9493
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 12 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUTNY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, DISTANT THEREON 882.00 FEET NORTHERLY
FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH ALONG SAID EAST LINE, A DISTANCE OF
130.00 FEET TO THE MOST EASTERLY, NORTHEAST CORNER OF LAND CONVEYED TO
HARRY WASSO AND WIFE, BY DEED DATED JUNE 16, 1954 AND RECORDED IN BOOK
5285, PAGE 119 OF OFFICIAL RECORDS; THENCE ALONG PORTIONS OF THE
NORTHERLY AND EASTERLY BOUNDARIES OF SAID WASSO'S LAND, WEST 334.00
FEET AND NORTH 130.00 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, THROUGH THE POINT OF BEGINNING, AND BEING THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO ROBERT K.
SCHIEFER, ET AL, RECORDED FEBRUARY 14, 1961 AS FILE NO. 25581 OF OFFICIAL
RECORDS; THENCE EAST ALONG SAID PARALLEL LINE AND THE SOUTH LINE OF SAID
SCHIEFER'S LAND, A DISTANCE OF 334.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED
LAND:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14, DISTANT THEREON 812.00 FEET NORTHERLY
FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SOUTH ALONG SAID EAST LINE, 60.00 FEET TO THE
MOST EASTERLY, NORTHEAST CORNER OF LAND CONVEYED TO HARRY WASSO AND
WIFE, BY DEED DATED JUNE 16, 1954 AND RECORDED IN BOOK 5285, PAGE 119 OF
OFFICIAL RECORDS; THENCE WEST ALONG A PORTION OF THE NORTHERLY
BOUNDARY OF SAID WASSO'S LAND, 180.00 FEET; THENCE NORTH, PARALLEL WITH
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 60.00
FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE SOUTH LINE OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14,
THROUGH THE POINT OF BEGINNING; THENCE EAST ALONG SAID PARALLEL LINE,
180.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE WESTERLY 100 FEET.
15•
ACCESS
PARCEL "C"
APN 317 - 490 -08
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PARCEL "B1"
APN 317 - 490 -07
PARCEL "D"
APN 317- 490 -42
PARCEL "A1"
APN 317- 490 -06
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APN 317 - 490 -04
APN 317 - 490 -05
NOT TO SCALE
VICINITY MAP CITY OF POWAY
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RECIPROCAL ACCESS EASEMENT
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317-490-04,-06,&-07 BYRON B. WEBB INC.
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NOT TO SCALE DATE: 12/12/03 PARCELS "Al & 131"