2008-452128iGP
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
John DeWald & Associates_. LLC
Attn: John DeWald
1855 Freda Lane
Cardiff, CA 92007 3a15
XCUMENTAAY TRANSFER TAX LQ„.. EASEMENT DEED
DOG # 2008 - 0452128
AUG 22, 2008 12:08 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 29.00
OC: NA
PAGES: 7
(IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII III III
PACIFIC STATION PROPERTY LLC, a Delaware limited liability company ( "Pacific Station'),
grants to CUNNINGHAM COASTAL, LLC, a California limited liability company ( "Cunningham "), a
non - exclusive easement appurtenant for the right from time to time to construct, reconstruct, install,
inspect, maintain, replace, remove, and use facilities of the type specified in this Easement Deed (the
"Facilities "), together with a right -of -way for them, over, and across the real property of Pacific Station
situated in the City of Encinitas, County of San Diego, State of California (the "Easement "), as more fully
described in Exhibit A attached hereto (the "Pacific Station Property").
1.
Location of Easement.
The Easement shall be located in, and
limited to, that portion of
the Pacific
Station Property indicated
in Exhibit R as the "Easement Area ".
Facilities caused by
2. Nature of Easement. Cunningham is the owner of the real property more fully described
in Exhibit C (the "Cunningham Property "). The Cunningham Property is adjacent to the Pacific Station
Property. Pacific Station grants the Easement as a non - exclusive easement to Cunningham appurtenant to
the Cunningham Property to use the Easement to install and maintain the Facilities (defined below). The
Easement is not an easement in gross, and the right to use the Easement shall pass to the successive
owners of the Cunningham Property. All of the terms and conditions of this Easement shall inure to the
benefit of and be binding upon, the successors -in- interest of the Pacific Station Property and the
Cunningham Property.
3, Facilities. The Facilities shall consist of underground gas transmission piping and
structures, underground potable water service, and underground sewer services, located within the
Easement Area as set forth in Exhibit
4. Conditions, The grant of this Easement is expressly conditioned on the following terms:
4.1
Cunningham or its successor shall
release Pacific
Station
from liability for damage
to or destruction of
Cunningham's
Facilities caused by
or arising out
of the
operations conducted by
3816
Pacific
Station
on said real property, provided however, that
the foregoing
shall not
be construed to
release
Pacific
Station from liability for any negligent or willful
act or omission
of Pacific
Station.
4.2 Cunningham or its successor shall indemnify and hold Pacific Station harmless
from and against any claim or liability for injury to any person or damage to any property caused by the
installation or maintenance of Cunningham's facilities in the Easement, except when that injury or
damage is caused by the negligence or willful misconduct of Pacific Station, his agents or employees.
43 Pacific Station hereby reserves the right to use or permit others to use the Easement
in any manner or for any purpose not inconsistent with the rights herein granted to Cunningham, as long
as that use does not interfere with Cunningham's use of the Easement. Paving over the Easement Area
shall not be considered interference with the use of the Easement.
4.4 Pacific Station reserves the right to grant easements only to others in the Easement
Area, provided those grants do not interfere with the rights granted herein.
4.5 Facilities installed under this Easement shall be located so as not to interfere with
the use or esthetics of the Pacific Station Property, and shall not interfere with vehicle or pedestrian -
traveled portion of the Pacific Station Property. The location within the Easement Area, size and
configuration of the Facilities shall be subject to Pacific Station's reasonable written approval.
4.6 The Easement is subject and subordinate to all existing easements, rights,
encumbrances, licenses or other such interests of record.
"Pacific Station" Pacific Station Property LLC
A Delaware Limited Liability Company
By: Pacific Station Holdings LLC
A Delaware Limited Liability Company
Its: Sole Member
By: Pacific Station LLC
A CaFiflia Limit d Li ability Company
Its: Operemb
By: Date: 12008
W. Neil Fo , III, Manager
By: John DeWald ociates, LLC,
A Californi imit ab lit it
Its: Manager
By: Date: AvJ 0-1 12008
Acknowledgment
State of California
County San Diego
3817
On 2008, before me, `TOyc Dgw,J 0i)ro , notary public, personally
appeared TuNJ DeWALp , who proved to me on the basis of satisfactory evidence to be the
person(�) whose name(6) is/are subscribed to the within instrument and acknowledged to me that he/&h%4Wy
executed the same in his/bePltheir authorized capacity(iats), and that by his/Uerr/tkeir signature(a) on the instrument
the person(s), or the entity upon behalf of which the person(:5 acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Acknowledgment
State of California )
County San Diego
.• r
On 2008, before me,� j� 1'1111 �• �5���1\ , notary public, personally
appeared -1 � r-O+K I %% who proved to me on the basis of satisfactory evidence to be the
person(* whose name(!) is/acOsubscribed to the within instrument and acknowledged to me that he /50.04W
executed the same in his/heQLUDauthorized capacityW, and that by his/11ILft4r signaturefo on the instrument
the person or the entity upon behalf of which the person (patted, executed the instrument.
is
my
Signature
fy uydek PENALTY OF PERJURY under the laws of the State of California that the foregoing
CHRISTINA L.
Commission # 16098 1609070
z` o = Notary Public - Coliforrdo
z I �`r� San Dlego County
Y My Comm. Expires Oct 2, 2009
Legal Description of the Pacific Station Propero�
PARCEL A:
3818
A PORTION 07 PARCEL 9 OF PARCEL MAP 12C92 RECORDED MAY 61 1982 IN BOOK OF
PARCEL. MAPS AT PAGE 12092 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY AND LOTS 4 AND 5 IN BLOCK 60, ENCINITAS, IN =HE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO YAP _ HEREOF
NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
12, 1883 FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 9 OF PARCEL MAP 12092;
(HENCE SOUTH 5`2_' 55" EAST_ ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 9 A
DISTANCE OF 480.00 FEET; THENCE SOG=H 84 °38' 05" WEST ALONG THE SOUTHERLY
BOUNDARY OF SAID PARCEL 9 A DISTANCE OF 174.86 FEET; THENCE NORTH 5"22' 18"
WEST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 9 AND THE NORTHERLY
PROLONGATION THEREOF A DISTANCE OF 214.66 FEET; THENCE NORTH 86 °11' 27" EAST
A DISTANCE OF 26.25 FEET; THENCE NORTH 20 °36' 07" EAST, A DISTANCE OF 66.17
FEE:; THENCE NORTH 5 °40' 13" WEST A DISTANCE OF 16.49 FEET ^_0 THE EASTERLY
PROLONGATION OF THE NORTHERLY BOUNDARY OF THE LAND CONVEYED IN DEED TO GEORGE
YEE AND ANNA WONG YEE RECORDED NOVEMBER 15, 1991 AS FILE /PAGE NO. 1991 -
05913C1 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
SOUTH 84 036' 4" WEST ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 1.29 FEET TO
A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL 9 OF PARCEL MAP 12092; THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 9 NORTH 21 010' 44" EAST A DISTANCE OF
103.05 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY NORTH 5 °21' 55"
WEST A DISTANCE OF 97.84 FEET; THENCE NORTH 84 °36' 4" EAST ALONG THE
NORTHERLY BOUNDARY OF SAID PARCEL 9 A DISTANCE OF 75.00 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
A ROAD EASEMENT FOR INGRESS AND EGRESS ACROSS THE NORTHERLY 12.5 FEET OF
PARCEL 8 OF PARCEL MAP N0, 12092, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO YAP THEREOF, F =LED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 6, 1982, BEING A DIVISION OF A
PORTION OF THE A''_'CHINSON, TOPEKA AND SANTA FE RAILWAY COMPANY STATION GROUNDS
IN SECTION 16, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF.
3819
Description of the Easement
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Legal Description of the Cunningham Property
3821
LOT 1, BLOCK 60 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO, 148, FILED IN THE OFFICE
OF THE =;XTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1883,