The URL can be used to link to this page

Home My WebLink Aboutattachment no. 2 easementAttachment No. 2 Exhib it B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COX COMMUNICATIONS 5651 Copley Drive San Diego, CA 92111 ATTN.: MDU /' Contracts Department THIS IS A CONVEYANCE OF AN EASEMENTAND CONSIDERATION IS LESS THAN $10.00 Document Transfer Tax NONE APN: GRANT OF EASEMENT AND MEMORANDUM OF AGREEMENT THIS GRANT OF EASEMENT is made this 21 st day of February 2013 by and between Community Development Commission of National City (Grantor") and Cox Communications California, LLC ("Cox"). Grantor is the owner of the real property located in San Diego County, California, which is more particularly described herein as the Legal description Exhibit A, attached hereto and incorporated herein (the "Property") and does hereby grant to Cox, its affiliates, successors and assigns, a non-exclusive, perpetual easement, to construct, place, operate, inspect, maintain, repair, replace and remove its Distribution System as defined in a certain Services and Access Agreement of equal date herewith by and between Grantor and Cox (the "Agreement"). The parameters of the easement granted hereby are limited to only those areas of the Property occupied by Cox's Distribution System as shown and delineated on Exhibit B attached hereto and made part hereof. (the "Easement Area"). Cox shall have the exclusive right to use, relocate and/or remove its Facilities within the Easement Area and may make changes, including additions and substitutions to its Facilities as it deems necessary. The Facilities shall at all times remain the exclusive property of Cox and Grantor shall not damage the Facilities nor interfere with Cox's use of the Facilities. Grantor, its successors and assigns shall have the right to use the Easement Area for any purpose which is not inconsistent with Cox's rights herein. For purpose of ingress and egress to the Easement Area, Cox shall have a right of access over, upon or along Grantor's property as is reasonably necessary to access the Easement Area. Grantor, for itself, its successors and assigns, does hereby covenant and agree with the Cox, and its successors and assigns, that Grantor at the time of execution of this Easement as the good, right and authority to grant this Easement, and that Grantor and its successors and assigns further covenant to warrant and defend said Easement against the lawful claims of all persons whatsoever. PLEASE TAKE NOTICE that Grantor and Cox have also entered into a Services and Access Agreement (the "Agreement") dated February 21, 2013 which, in accordance with its terms, entitles Cox to provide cable television and other telecommunications services on the Property. Among other things, the Agreement also provides Cox with rights of ingress and egress to the property necessary or useful to provide such service and maintain its Facilities and provides for ownership of the Facilities on the property used in providing such services. The Agreement binds any successors and assigns of the Grantor in accordance with its terms. The Agreement and Grant of Easement are subject and subordinate to all valid leases, mortgages, and/or deed of trust as described in the Agreement. A copy of relevant provisions of the Agreement will be provided to any properly interested person upon written request. Cox requests that it receive notice of any pending trustee or foreclosure sale or receivership, bankruptcy or other proceeding affecting the Property, sent to the address above. 1 Attachment No. 2 RE: Morgan Towers STATE OF CALIFORNIA COUNTY OF SAN DIEGO Community Development Commission of National City By: Name: Title: ALL PURPOSE ACKNOWLEDGEMENT On , before me, , Notary Public, Name, Title Officer, e.g. Jane Doe, Notary personally appeared Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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 and official seal Signature of Notary Public (space above for Notary Seal) CAPACITY CLAIMED BY SIGNER ^INDIVIDUAL(S) ATTORNEY IN FACT CORPORATE _TRUSTEE(S) PARTNER(S) SIGNER IS REPRESENTING 2 Attachment No. 2 RE: Morgan Towers STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Cox Communications California, LLC By: Name: Boone Hand Title: Vice President of Residential Sales ALL PURPOSE ACKNOWLEDGEMENT , before me, , Notary Public, Name, Title Officer, e.g. Jane Doe, Notary personally appeared Boone Hand Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) 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 and official seal Signature of Notary Public (space above for Notary Seal) CAPACITY CLAIMED BY SIGNER _INDIVIDUAL(S) ATTORNEY IN FACT CORPORATE _TRUSTEE(S) _PARTNER(S) SIGNER IS REPRESENTING Cox Communications California, LLC 3 Attachment No. 2 Exhibit A (legal description) APN: 560-410-04-00 Lot 1 of Center City Project in the City of National City, County of San Diego, State of California according to map thereof #8807 filed in the office of the county recorder of San Diego County on February 24,1978. Exhibit B To Grant of Easement Sheet 1 of 2 L:GEND sr 60. doer1-;.E ♦ 6-LEI: 71171v —I•11D.7 77 F - LE r elk um* SEE OTHER PDF FOR INTERNAL WORLD DESIGN FIBER U'9f.�W"Ef EPZ en r. s r.:.LL P rR.:P, 1114 ++- •_.;A' IE. �Po��,� O.M rams 6 1...E :. muff :BP7 77 num. _7 24.6 2A MORGAN TOWERS A 1415 D AVE N ALL CABLE IN MDU AREA IS .BBB PS 1CUo-4B MORGAN TOWERS 0 m I. e,srKST 11 1 CUO-4A .,n161 1 7SD~ II 1CUO-4 C X:INSPECTOR PLEASE REFER ALL OPEN TRENCH AND CONSTRUCTION QUESTIONS TO THE FOLLO`i9NS INSPECTOR NAME: PHONE TURN ON RESET LEVELS I L'f NIj?.: cis 7 11,1 ';:?',6/A,ti'` I2L 1III +.t.., Co!! 2 IN2r*R10 Days Before You my! 1-800-227-2600 Z •0N luawyoe]ib Selec a 0 4'17. VICINITY MAP NO SCALE 110R0ANTOWERS 1415 D AVE NATIONAL CITY, CA 01950 oA 31JAN2013 CAOD: BRADRE31NGER 4PPROVE0 BY PLANNER: CARY COOPER co TB GRID: CA ORO, FILE NOc 9165E tlT COUNT 152 SHEET OF 1 COX COP ,M'UNICATIONB (A',9)2094251 5159 FEOERAI BLVD SAN DEGO. CA 02100 NODE 69D POYER SUPPLY 10110 BYSTEe1 FIG ROUTE FTO PROJECT NUMBER 5260619002fl0UR612 Exhibit B To Grant of Easement Sheet 2 of 2 MORGAITTOWERS 1415 D AVE ',MEND w 211326 r'SBLE LIPIMI PE, (00. Aura [MARL OM 0 '‘ —to x 1,—, • , 1.27 —Bra 0 M .. JO Ors .E -,14, 'air' H K ...0 r ,,,I, r...,, .:400' 0 .00,, v -AR t url C., 71 • A I,L.E 4 0r k .1.E 4 r.....,“ ,:.' 7.., ta •!W, COX. INSPECTOR PLE.15E REFER ALL OPEN TRENCH 11ND CONSTRUCTION LILIESTI0N11 TO THE FOLLOVANO INSPECTOR: • Seect bitm a p VICINITY MAP NO SCALE BAOR0:21 TOWERS 1415D 'E NATION. L CRY, CA 915511 TB GRID: C GRID: FILE NO: 11119 DATE 90 ‘1.1A 2013 UNIT COUNT 152 GADO: BRAD XESINCER PLANNER: 1.RY COOPER APPROVED BY SHEET 1 OF I COX ▪ 510, KUG .,00: ▪ 1,011 . NAME: PHONE: COX DCWIMUNICASIONS GAM 2626251 5159 FEDERAL 8C.I1 6,41 DIEGO, CA 2106 NODE 830 PCP VER SUPPLY bus SYSTEM FTG ROUTE FTG PROJECT NUMBER 4.200113400000404512