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HomeMy WebLinkAboutCT 74-21; Kaiser Development Company; 88-416291; Easement Agreement. . m " Recording Requested By When Recorded Mail To: and -.> J "OT..' u Ly g r r:yprsa -rn u d:, -;,. d IN oF~i~!,'\~- FI;:SOf<cTj CF c!,?; '; :'.fi2 ~~::,~~, i y. 1 EA. 85AUG22 pH 1:55 PACIFIC LAND SURVEYING 2204 Garnet Avenue, Suite 103 San Diego, CA 92109 I/EfiA I. r[LE 1 r,QQr;.i y $c,CLi<QfR t _I FASEMENT AGREEMENT Right-of-way 'f , ofthis 44 dayof %J THIS E S MENT AGREE NT is de and entered into at Carlsbad, California, s ,1988, by and between KAISER DEVELOPME1 COMPANY, a California corporation (%USER"), and MCMAHAN REALTY COMPANY, a California corporation, ("MCMAHAN"), with reference to the following facts: . .. RECITALS , A. KAISER is the owner of that certain real propefly located in the County of Sax I Diego, California, more particularIy described as Lot 1 on Ejthibit "A" attached heretc and by this reference made a part hereof ("Kaiser Property"). B. MCMAHAN is the owner of that certain real property located ,in the County of Sari Diego, California, more particularly described @ Lot 2 on Exhibit "A" attached hereto and by this reference made a part hereof ("McMahan Property"). C. The parties .to this Agreement wish to create an exclusive easepent for the purposes of vehicular and pedestrian access,. ingress and egress over that pdrtion of tht Kaiser Property more particularly described on Exhibit "B" attached hereto and by thi! reference made a part hereof. D. This Agreement is made pursuant to California Civil Code 1468, it being thl intent of the parties to this Agreement that the provisions of this Agreement shall binL and benefit each party, the Kaiser Property and the McMahan Property, the successive owners of the Kaiser Property and the McMahan Property, and the successors in interest of each of the parties. NOW, THEREFORE, KAISER AND MCMAHAN HEREBY AGREE AS FOLLOR'S: ' 1. Grant of Easencnt. KAISER hereby pmts to MCMAHAN an ctlsement 3s descrhd ;n tl:t agrement located on, t'm and moss those portion; of the Kaiser Property rn0i-i particularly describzd on Exhibit *B" ("McMahan Easc:xenr"). 2. Character of Exenlent. The easement grantzd in this Agreement appurtenant tC all of the Kaiser Property and the McMahan Property, and each and every portion thereof. 3. DescriDtion .of Easement. The easement granted in this agreement is a right- of-way for ingress and egress. .. 0 +> '. v . 4, Use, ' The easement granted in this Agreement includes the following uses by those entitled to use the easement to construct, maintain, repair, replace and remove a roadway and to provide for vehicular and pedestrian ingress, egress and access. 5. Fxclusiveness of Easement. The easement granted in this Agreement is excIusive. 6. Maintenance of Easement. .. a) The Easement Area is set aside for the adequate and unobstructed passage of vehicles and pedestriad, iand McMahan shall maintain such passageway including all slopes within the easement in good condition for its intended purposes and the costs and expenses of such maintenance shall be borne exclusively by McMahan. b.) . Kaiser on behalf of itself and its successors and assigns reserves the righ to enter the Easement Area for the purpose of repairing,, restoring and maintainin1 same in the event McMahan fails to properly maintain the Easement ARea. Kaisel Easement Area is not being properly maintained. If such maintenance is no: effected by McMahan within thirty (30) days from the date upon which Kaiser sen such notice, Kaiser shall have the right to the extept permitted by applicable laws to enter upon the Easement Area for the purpose of maintaining, restoring 01 repairing the Easement Area. The costs incurred by Kaiser in restoring, maintainin1 or repairing said Easement Area plus ten percent (10%) allowance for overhead shal be borne by McMahan and shall be paid on demand to Kaiser. shall have the right to notify McMahan in writing by registered mail that tht 7. pcondarv Rinhts. a.) The easement granted in this Agreement include the incidental rights o maintenance, repair and replacement and access therefore, and the rigfit to cut an' fill as may reasonably be required to -construct ?and maintain the easement for th' uses for which it is granted. b.) Kaiser further reserves the right to eject or cause the ejection from th Easement Area, of any person or persons not authorized, empowered or privileged t use the Easement Area. 8. Entire Agreement. This instrument contains the entire agreement betwee KAISER and MCMAHAN concerning the rights granted and the obligations assume in this Agreement and shaIl not be amended, modified, or revoked without th mutual expressed written consent of RAISER and MCMAHAN. 9. TnCemnificntion. Each pxty agrees to indemnify the other and to hold suc cther !;arty harmless from a:ly ard all cost, claims, demands, liabilities or othc ~blig2:ions suffered by such other party arising out of or in connection with th easemmt granted in this Agrcement or by reason of any breach of this Agreemen including, without limitation, reasonable attorneys' fees incurred by such other part as a result thereof. 10. Binding Effect. This instrument shall bind and insure to the benefit of KAISEI and MCMAHAN and their respective heirs, executors, administrators, person: representatives, successors and assigns, and shall not be amended, modified, t revoked without the mutual express written consent of KAISER and MCMAHAN. v' .. W '-. e . I 11. Attornew' Fees. In the event of any controversy, claim or dispute relating tc this Agreement or any breach of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable costs and expenses, inchdint attorneys' fees. IN WITNESS WHEREOF, KAISER and MCMAHAN have signed and entered into thi Agreement as of the day and year fht above written. - KAISER DEVELOPMENT COMPANY MCMAHAN REALTY COMPANY A California corporation :* DEN- M. KLIMMEK, Secretary DATE : &/%E " " .. . . . -. . . ...- .. L..~.. .. - ."" ._"" ~ . . . ". "" 1 t Y t 'X -I Y L e bo F 5. J CAT. NO. NN00737 TO 1945 CA (8-84) (Corporation) a TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF 1 =* -' Riverside ' On AUquS t 2 f 19 88 before me, the undersigned, a Notary Public in and for said State, personally appeared James M. Van de Water personally known to me or prp of satisfactory evidence to be the erson who executed the within instrument as the ~ Sice I President, and """" ~~~- proved to me on the basis-of satisfactory evidence to be the person who executed the within insuument as the """"""" c "" "__ -I -L- "-- ~ ~ -. I I!1 that executed XLICLU~ 01 UK wrporarlon the within instrument and acknowledged I """"""""""" """ personally known to me or I to me that such corporation executed the within ins&- ment pursuant to its by-laws or a resolution of its board of directors. 11 L -,-.%5-2==- 7 Off ClAL SEAL Renee D. Gentry RIVERSIDE COUNTY NOTAAY PU3LIC.CAlIfORNIA PRINCIPAL OFFICE IN Commisslcn Expires Oct 25. 1991 WITNESS my hand and official Signature I (This area for official notnripl seal) _. !. e 0 f State of California 1 County of Contra Costa ) ) ss On this f&- day of +%-.jd , 19 .s/, before m undersigne , personally appeare DENNIS M. KLIMMEK, pers known to me (or proved to me on the basis of satisf evidence) to be the person who executed the within instrurn SECRETARY on behalf of KAISER DEVELOPMENT COMPANY, the corpc therein named, and acknowledged to me that such corpc executed the within instrument pursuant to its by-laws resolution of its board of directors. WITNESS my hand and official seal. J&m4f i; &; $Ad Nofaky- Public v """_ _" -- .. ." . State of California ) County of San Diego ) I ) ss. I August On this 9th day of , in the year 19158 , before me, the undersigned, a Notary Public in and for said County and State, personally known to me to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. personally appeared Richard A MchlAan V' I' ~0 :., . f FXHIBI" "A" LOT 1 ("Kaiser Property") Lot 1 in CARLSBAD TRACT NO. 74-21 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372 filed in the Office of the County recorder of San Diego, April 13, 1982, I LOT 2 ("McMahan Property") Lot 2 in CARLSBAD TRACT NO. 74-21 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372 filed in the Office of the County Recorder of San Diego County, April 13, 1982. :' * '. Y .. t 0 ' . '. 0 EXHIBIT "B" WCMAHAN EASEMENT THAT PORTION OF LOT 1 IN THE CARLSBAD TRACT NO. 74-21, IN THE CITY OF THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,l 82. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 88" ,14'35" WEST, ALONG THE NORTHERLY LINE OF LOT 1, 100.00 FEET; THENCE SOUTH 01 0 45'25" EAST, 18.00 FEET; THENCE NORTH 88 "-14'35" EAST, 100.30 FEET TO THE WESTERLY RIGHT OF WAY OF LOKER AVENUE AS SHOWN ON SAD MAP, SAID WESTERLY RIGHT OF WAY BEING A NON-TANGENT 536.00 FOOT RADIUS CURVE CONCAVE EASTERLY, WHOSE CENTER BEARS NORTH 86^19'07" EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 ".55'28", 18.00 FEET TO THE POINT OF BEGINNING. CARLSBAD, COUNTYOF SAN DIEGO, STATE OF CALIFORMA, ACCORDXNG TO MAI ? a. * 'I *. , J . .. . . ..I . I \ Die-mIcdI I CZ \ ... .- : : J. * I MCMA~AN EASEMENT @ x ,, r ,\ i .; - N 880 ,4'35'E 345.b1°(RZ YlClNlTY PIA9 hlo S.CbLE .