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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