Grant of Easement 2000-0290050RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No trans]
2000-0290050
~un 02, 2000 8:1~ AM
NO DOCUMENT TRANSFER TAX NO FEE
GRANT OF EASEMENT
THIS GRANT OF EASEMENT ("Grant of Easement") is made this 8th day of March, 2000,
by OLD COACH REALTY, 1NC., a Calif ("Grantor"), in favor of the CITY OF
POWAY, CALIFORNIA, a municipal ("Grantee").
RECITALS:
A. Grantor is the fee simple owner of th property in the City of Poway,
County of San Diego, State of California, described in EXHIBIT "A" attached hereto and
t herein by this reference ("Property").
B. The Property abuts an ':lential development within the city limits of
Grantee, and C is to develop the Property with a single-family Lot, which will be offered
for sale to the public.
C. Grantee d ~:ee buffer area between Grantor's planned development
on the Property and the existing residential development on adjacent property to provide separation
of structures from the existing d
D. G ts by this Grant of E establish such a buffer area on that
portion of the Property which is described on EXHIBIT "A" and illustrated on EXHIBIT "B"
attached hereto and ' t herein by tl:' ' Grantor and G i by this
Grant of E 'ghts and obligations with respect to the Easement.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT. For a good and valuable consideration, the receipt of which is hereby
acknowledged, Grantor hereby grants to G ("Easement") over that
portion of the Property described in EXHIBIT "A" and illustrated on EXHIBIT "B" to the Grant of
Easement ("Easement Area"), for the purpose of establishing within the Easement At
free buff ,lance with this Grant of Easement.
2. Upon recordation of this Grant of E
thereafter in perpetuity, im!c the Easement Area shall be limited to perimeter fencing
of individual lights, landscaping, planting, irrigation systems and I t any and all other
reasonable similar uses of the Easement Area which do not conflict with the stated purpose of the
Easement· TIn Area may be used at all times by the fee simpl ~the Property
for ingress, egress and all otl~ for which a residential yard may be used within the City
of Poway except as may be restricted or limited by this Grant of Easement. No structures are
allowed in the Easement Area without the prior written approval of Grantee having been
obtained, including, without limitation, buildings of any type, sheds, gazebos, sunshades,
canopies, awnings, swimming pools, spas, play equipment, athletic courts (tennis, basketball,
etc.),
trailers, boats or similar vehicles, shall not be allowed within the buffer area. Lighting in the
buffer area shall be limited to ground level and low wattage landscape lighting.
3. UTILITY AND nail the
installation, use, operation, repair or replacement of public utility facilities, whether
aboveground, underground or on the surface of the Easement Area, and whether now existing or
in the future to exist, including without limitation, facilities for the of domestic
water, reclaimed water, sanitary sewer, electricity, natural gas, telephone, cable television and
other media. The Easement shall be subject and subordinate to all other
['record against the properly as of the date of recordation of this Grant of Easement.
4. GRANTOR'S CONSTRUCTION ACTIVITIES. Notwithstanding any contrary
· ' ~' this Grant of Easement, Grantor shall be allowed to conduct all 91y
necessary or appropriate with and adjacent to the Easement Area in with Grantor's
subdivision and development of the Heritage Custom Estates Association of which the Property
is a part. The foregoing permitted activities shall include, without limitation, ingress; egress;
grading; installation of aboveground and underground utilities; and all other
91e necessary or appropriate in with the development and sale to the
public.
5. AFFECTED LAND. The set forth in this Grant of Easement shall
apply only m the ' described in EXHIBITS "A' and "B" and shall in no way
be construed to apply to or limit any other portion or parcel of the property outside of the
Easement Area.
6. MAINTENANCE. The fee simple owners of the Property shall at all times have
and retain the right and obligation to ~ repair the Easement Area, including, without
limitation, all improvements to the Easement Area. Grantee shall not be obligated to maintain,
improve or otherwise expend any funds in with the Easement. The existence of the
Easement is not to be inferred as limiting or preventing the exercise by Heritage Custom Estates
' ,~hts or responsibilities,
if any, with regard to the £
7. RIGHT OF ENTRY. C duly authorized agents (upon F of
appropriate identification) may enter onto the Easement reasonably acceptable to
Grantor for tl~ '~ ~ether tl~ forth above are being
observed. Grantor (for the duration of its ownership of fee simple title to the Property) must be
given at least three (3) days prior to such inspections by either personal notice or
United States Mail: from and after transfer by Grantor of fee simpl ~ I~ fin
the Property, any such notice shall instead be directed to the then owner of fee simple title the
home site within the Property in which is located the Easement Area which Grantee intends to
enter.
8. NO THIRD-
(a) The Easement is for the benefit of Grantee only and there are no third-
party of the Easement or of this Grant of Easement. the owners of
properties adjacent to the Property are not to be considered third-party beneficiaries of the
Easement or of this Grant of Easement, nor are such owners of adjacent properties to have any
rights of enf ~ regard to the Easement of this Grant of Easement,
(b) Grantee may employ any lawful means that it deems necessary to enforce
the 1: ' ' g this Grant of Easement. In the event of the bringing of by any
party or parties hereto aer party or parties hereunder by reason of any breach of any
of the provisions on the part of the other party or parties arising out of this Grant of Easement,
then in that event the party or parties in whose favor final judgment shall be entered shall be
entitled to have and recover of and from the other party or parties all costs and ~' suit,
including reasonable attorney's fees.
9. ' r BOUND BY THIS GRANT OF EASEMENT. Each
of the Property or any portion thereof and each person having any interest therein derived through
any such owner shall be bound by the covenants contained in this Grant of Easement for the
period of time each he f ~ the property hereof.
10. SUCCESSORS AND ASSIGNS. This Grant of Easement shall run with and
burden the Easement Area and all obligations, terms, conditions and ~' this Grant of
Easement shall be bind' to the benefit of ~ both Grantor
and Grantee, whether vol untary.
11. TAXES AND ASSESSMENTS. Grantor agrees to pay be paid all real
property taxes and levied or assessed against the Property. It is intended that this
irrevocable offer and tl~ ~ herein shall ?orceabl
within the meaning of (a) Article XII, section 8 of the California C and (b) section
402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, the
easement and shall be deemed to constitute a servitude upon and burden to the
Property within the meaning of section 3712(d) of the California Revenue and Taxation Code or
which ~ tax-deeded property.
12. RECORDATION. Grantor and Grantee shall cause this Grant of 1~
recorded in the official records of San Diego County, California.
be
13. MORTGAGEE PROTECTION CLAUSE. No breach of the
conditions, ~' this Grant of Easement, nor any lien created hereby, shall defeat or
render invalid the lien of any first mortgage or first deed of trust made in good faith and for
value, but all of said covenants, conditions and shall be binding upon and effective
against any owner whose title is derived through f lc, or otherwise.
GRANTOR:
OLD COACH REALTY, [NC, a California
By:
Its:
By:
STATE OF 0g---L ~o (L.o, ,~
COUNTY OF ~'-) ,~EbO
On ~ ~' Q O ~orc mc,
~o~ to me (or prov~ to me ~ &e bmis of
subscfi~ ' '
pe~ ~, ~u~
~ESS my ~d ~d offic~ s~.
s.s.
Elizabeth Brennar
Comm. #1112225
STATE OF
COUNTY OF
}
} s.s.
On before mc,
y and S appeared
(or proved to mc on the
subscribed to ff t acknowl¢
capacity, and that by
person acted, executed t} '
~ctory evidence) to be t~
a Notary Public m and
ersonally
the entity upon behalf of which the
WITNESS my hand
Signature
EXHIBIT "A"
EA-00-04
LEGAL DESCRIPTION OF STRUC UR
-FREE BUFFER AREA
A 50' STRUCTURE-FREE BUFFER AREA OVER A PORTION OF LOT 73, AS SHOWN ON
MAP NO. 13924, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
FEBRUARY 2, 2000, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE
SOUTHERLY 50.00 FEET OF SAID LOT 73.
THE HEREINABOVE-DESCRIBED AREA CONTAINS 13,529 SQUARE FEET, MORE OR
LESS.
Mark Brencick L.S. 7226
LANDMARK CONSULTING
007226
' CITY OF POWAY
EXHIBIT
PLAT EA-O0-04
~ 50' FREE
BUFFER AREA DEDICATED
TO THE CITY OF POWAY
HEREON
P.O.B. INDICATES POINT
OF BEGINNING
(R) INDICATES RADIAL BEARING
C1 L=258.55' R=527.00' D=41'47'54"
SCALE: '~=
LOT 74
MAP 13924
N42'52'41 "E
;.47'
47'27'19"W
9.87'
L=57.95'
R=527.00'
D= 06 "58'45'
N00"59'20'
12.21'
LOT
NJ A P /IF'r.*,<'
OPeN c, PA
MAP -]3924
65.75', ~
NS,ZL16
7.1-8 .... I
179.72'
DRAINAGE EASEMENT
MAP 15924
LOT73
MAP 13924
PRIVATE ACCESS EASEMENT
PER DOC. 1998-0252295
REC. 4/23/98
S87~2~3'T 29X
SHT 1 OF 1
TH BASIS OF ~ '~RING
FO THIS PLA I THE
EA TERL Y LIN
L~ 73 OF M P i5924
('~.c.. N46'52'5 "E)
~L.c,.-L LS. 7226
MARK A. BRENCICK, LS 7226
PIVJ ?79.69
53.03'
N46'52'55 "E
S87'52 '25 "E ~,.,."~' 70.41'
244. 74'-- ' P. O.B.
LOT 95
MAP .~
LANDMARK CONSULTING
PLANNING SURVEYING
3914 MfJRPHY CYN. RD., STE. A133
ROJECT NUMBER: 6-4
ATE: 0.3 MA Y 2000
PLA T TO ILLUSTRATE
LEGAL DESCRIPTION OF
50' STRUCTURE FREE BUFFER AREA
OVER A PORTION OF LOT 75
MAP 15924
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
"~,~ ~/ ~' .~ from OLD COACH REALTY, INC., a California
Corporation, to the City of Poway, a political corporation and/or ~
agency, is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34, adopted on January
20, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Lori Anne Peoples, City Clerk