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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 N b 0 EXHIBIT B �o y�P 22p, Qp .2 00 00 C EASEMENT PARCEL "B1" APN 317 - 490 -07 PARCEL "D" APN 317- 490 -42 PARCEL "A1" APN 317- 490 -06 z 0 0 N W O p o N � �O i W CD Q ry 0_ r Q it it U PARCEL "A1 APN 317 - 490 -04 APN 317 - 490 -05 NOT TO SCALE VICINITY MAP CITY OF POWAY o PO,Apf RO � RECIPROCAL ACCESS EASEMENT o °g APN; OWNER: 317-490-04,-06,&-07 BYRON B. WEBB INC. � U O a NOT TO SCALE DATE: 12/12/03 PARCELS "Al & 131"