Agreement Regarding Easement 1973-065462 After 2ecordLnc , p1_zase returp to;
' Po,•ay Mun_c .pa7 Wr District fic'
P. O. Box =�8 ' 73-065462
Powa- Ca. 920t4 . ..
DiStrucT
HAli 13
AGREEMENT REGARDING EASEMENT Sd14 CIEGQ GGGN(Y,CAtlr.
110;LLY
r fltiOE R
The Ranch Unit No. 1
NO Fla
THIS AGREEMENT is made this 6th day of February , 1973 ,
between POWAY MUNICIPAL WATER DISTRICT, Hereinafter called
DISTRICT, and ARTISAN HOMES , INC. , a California corporation,
hereinafter called OWNER, in view of the following facts :
(a) OWNER owns certain real property in the County
of San Diego, State of California, more particularly described as
follows:
The West Half of the Southeast Quarter of Northwest
Quarter and the West Half of Northeast Quarter of
Southwest Quarter of Section 6 , Township 14 South,
Range 1 West, San Bernardino Meridian, in the County
of San Diego, State of California, according to
Official Plat thereof.
(b) OWNER contemplates developing and improving a
portion of said real property , and has prepared and filed therefor
a tentative Subdivision Map No. 3087-1 , THE RANCH, UNIT 1 , herein-
after referred to as "Ranch, " a copy of said map is attached
hereto as Exhibit "1" and is incorporated herein by this reference.
(c) DISTRICT wishes to construct and operate a water
pipeline and appurtenances incidental thereto, hereinafter called
"facilities , " within the Ranch. A portion of said facilities are
to be located within the streets shown as Durhullen Drive,
Derringer Road, Fiddletown Road, and Tierra Bonita Road, on said
Map of the Ranch, and a portion of said facilities are to be
located within other portions of the Ranch.
(d) For the mutual benefit and convenience of the
parties DISTRICT, under the terms of this Agreement , is willing
to proceed with the installation of said facilities prior to the
recording of the final Map of the Ranch , and the concurrent
dedication to public use of said streets hereinabove named.
(e) In connection with DISTRICT ' S impending contract
• +; •
to construct said facilities it is essential that OWNER timely
performs the grading required of it by June 1 , 1973 .
(f) Except for this agreement DISTRICT would not
locate said facilities within above-described Ranch streets.
IT IS THEREFORE AGREED :
1. OWNER shall , without cost to DISTRICT, concurrently
with the execution of this Agreement, execute and deliver to
DISTRICT an easement and right of way for said facilities. A
copy of said easement is attached hereto as Exhibit "3" and is 40
incorporated herein by this reference. Said easement shall be
Cb
conveyed free and clear of all liens and encumbrances other than r°
current real property taxes then a lien but not yet payable.
OWNER shall furnish DISTRICT with an acceptable title policy in .221_3.:
amount required by DISTRICT insuring DISTRICT has title as above
required. DISTRICT shall pay the premium for said title insurance
policy.
2 . OWNER acknowledges that the design of said facilities
is predicated on the design of said streets , as shown in the
improvement plans therefor , a copy of which is attached as
Exhibit "2" and incorporated herein by this reference. OWNER
agrees to pay all costs of relocation of any portion or portions
of said facilities necessitated by alignment change or grade
change of said streets.
3 . OWNER agrees the failure of OWNER to complete the
Ranch for any reason whatsoever including failure to obtain
approval of governmental agencies shall not affect OWNER'S
obligation hereunder or obligate DISTRICT to otherwise purchase
said easement. It being the intent of the parties that once
granted the easement that DISTRICT will use the same for its
facilities and the OWNER is fully compensated therefor by reason
of DISTRICT'S agreement to construct portions of the facilities
within said Ranch streets.
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•
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110
f, l
4 . OWNER, at its sole cost and expense and without
any cost or liability to DISTRICT agrees by June 1 , 1973 to
complete the rough grading of Durhullen Drive, Derringer Road,
Fiddletown Road and Tierra Bonita Road as shown on Exhibits "2"
and "3" over the full width of the road right of way to within
plus or minus one foot of the center line grade as shown on
Exhibit "2" and construct and backfill all storm drain facilities
with the road rights of way along the route of DISTRICT ' S proposed
facility. OWNER will complete said grading to San Diego County
road standards and will , at OWNER' S expense, upon completion
submit certified compaction tests to DISTRICT'S engineer. OWNER
will furnish all the necessary materials , equipment and labor
required in said work, and will pay and discharge all bills and
claims arising out of the performance of said work.
OWNER agrees within forty-five (45) days of
completion of said work to notify DISTRICT that all of said work
will be completed so that DISTRICT may in turn notify its
contractor when to proceed with the DISTRICT 'S work described
in Paragraph 5 hereof. Should it appear that OWNER' S work will
not be completed by June 1 , 1973 , OWNER agrees , that since time
is of the essence, that DISTRICT may, at its option, immediately,
without notice, to OWNER or its surety enter upon OWNER'S property
and take over and perform any and all such obligations and work,
pay for any materials and equipment furnished or necessary for
said work, and any labors done or performed charging the same to
OWNER' S account. In such event, OWNER immediately shall pay
to DISTRICT upon demand the full amount of DISTRICT 'S cost
therein plus ten percent (10%) thereof to compensate DISTRICT for
its administrative costs.
5. After completion of grading provided DISTRICT has
been given forty-five (45) days written notice as required in
Paragraph 4 , DISTRICT shall have a continuous period of forty-five
(45) calendar days of sole occupancy of the street rights of way
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• 68
•
along the route of the proposed facilities to perform the
following work at DISTRICT ' S sole cost and expense :
a) Excavate trench for transmission main.
b) Install transmission main and all appurtenances .
c) Backfill transmission main and all appurtenances to
the approximate construction bench grade provided by OWNER. All
backfill in planned street paved areas and above an elevation
eight ( 8) inches above the top of the transmission main and all
backfill around appurtenances will be compacted to at least 95%
relative compaction in accordance with test method ASTM D1557.
d) Install two connections for the Ranch water system.
As soon as the DISTRICT has performed the above work, OWNER
shall have the right to continue its subdivision improvements in
the proposed street rights of way. During this period, the DISTRICT
shall have the right of concurrent access to the proposed street
rights of way for minor work on and testing of the transmission
main and appurtenances. The DISTRICT will adjust valve boxes to
finished street grade upon timely request by OWNER.
OWNER shall maintain at least 3 . 5 feet of earth cover
over the top of the installed transmission main while using earth
moving or other heavy equipment in the area. No axle loads over
40 , 000 lbs. shall be allowed to cross the transmission main without
prior DISTRICT approval .
6 . DISTRICT, DISTRICT'S Representative, DISTRICT 'S
Engineer and their consultants , and all officers , employees , and
agents thereof , shall not be answerable or accountable in any
manner: for any loss or damage that may happen to the work or any
part thereof; for any loss or damage to any of the materials or
other things used or employed in performing the work; for injury
to or death of any person either workmen or the public or for
damage to property from any cause which might have been prevented
by OWNER or its workmen or its contractors or its subcontractors
or anyone employed by any of them. OWNER shall be responsible for
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• Fi9 •
any liability imposed by law and for injuries to or death of any
person or damage to property resulting from defects in construction
or from any cause whatsoever during the progress of the work or at
any time before its completion and final acceptance. OWNER shall
hold harmless , indemnify, and defend DISTRICT , DISTRICT ' S
Representative, DISTRICT' S Engineer and their consultants, and
each of their officers and employees and agents : from all claims ,
suits or actions of every name, kind and description, including
attorneys ' fees , brought for , or on account of , injuries to or
death of any person or damage to property resulting or alleged to
have resulted from the construction of the work or by or in
consequence of any negligence in guarding the work, use of improper
materials in construction of the work, or by or on account of any
act or omission of OWNER or its agents during the progress of the
work.
7. OWNER shall furnish and deliver to DISTRICT, at no
expense to it, a surety bond on DISTRICT ' S form written by a reliable
surety company authorized to do business in the State of California,
in the penal sum of $12 , 000 . 00 , which bond shall insure the
faithful performance of this agreement by OWNER. Said bond shall
also inure to the benefit of all persons entitled to the protection
of the Mechanic' s Lien Laws of the State of California.
S. Should DISTRICT engage an attorney to enforce any
provision of this agreement cr to defend any claim brought by
anyone arising out of the failure of OWNER to perform any of its
obligations under this agreement, OWNER shall pay all of DISTRICT 'S
attorneys ' fees incurred in connection therewith , with or without
suit.
9 . Nothing in this agreement shall relieve OWNER, its
successors or assigns of any obligation to pay any connection,
installation, system expansion or other fees and charges required
under any present or future established ordinances , rules ,
regulations and policies of DISTRICT for water service to the Ranch
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•
'70 x
411
111
•
except DISTRICT will furnish two connections to the facilities
without charge.
10. OWNER agrees to obtain the written consent of the
beneficiary of an existing deed of trust to OWNER'S execution of
this agreement and his agreement to be bound hereby to the
extent of DISTRICT' S easement and right to enter upon the Ranch
to complete the improvements as set forth.
12. This agreement shall be binding upon the successors
and assigns of the parties hereto.
13. Not withstanding the above , it is agreed of and
by the parties that the district shall be liable for any of its
neglegance , poor workmanship and any damages caused thereby ,
including injury to anyone that is caused by the district or any
of its agents or contractors as a result of the work to be per-
formed by it under this agreement .
14. It is agreed by the parties that the owner shall
have the right to install and maintain wooden fences and to
utilize all property within the boundaries of said easements for
the purpose of riding and hiking trails . It is further agreed
that said installation and maintenance shall not be deemed to be
inconsistant with the districts easement rights granted herein.
aiiu Lv Laic Lac=1..t iucu yLvpct Ly snail De stun ect to ana suDoralnatc
to the rights herein conferred to POWAY MUNICIPAL WATER DISTRICT
by the terms therein including the asement d scr' ed therein.
DATED: February (e) , 1973. QAv <C, / wv
� �
1 Beneficiary
DATED:( February 973 .
' Beneficiary
ilik4bkijr.W. —)
-6-
STATE OF CALIFORNIA)
SS .
COUNTY OF SAN DIEGO)
On February 24) , 1973 , before me , the undersigned personally
appeared 1, RgiQ>ra-71 .
, personally known to
me to be the person whose name is subscribed to the within
Instrument, as a Witness thereto, who being by me duly sworn, deposed
and said : That he resides at ?Dt.k.)041 , C-igL• Fpfe‘./i --
, and that he was present and
saw VCQ,Mo,J i<C \sq 11, i
(Name of Beneficiary) , personally known to him to be the same
person (s) described in and whose name (s) is/are subscribed to the
within Instrument as party thereto, execute and deliver the same,
and he/she/they acknowledged to said affiant and he/she/they executed
the same; and that said affiant subscribed his name thereto as a
Witness . WITNESS my hand and official seal .
,_, , ] HARRY BARBER
-72:56A .L2--------
(''" ; NOTARY PUBLIC•CALIFOPNIA
�# ;:e Notary Public in and for said
i -f SAN DIEGO COUNTY
4 :,.� MyCo'v'iissionExpires Aug.31.1976 County and State
STATE OF CALIFORNIA)
SS .
COUNTY OF SAN DIEGO)
On February 2ND , 1973 before me, the undersigned, a Notary Public
in and for said State, personally appeared ,J . 4, Rc (3EgT1
known to me to be the President
of the corporation that executed the within Instrument, known
to me to be the person who executed the within Instrument on
behalf of the corporation therein named, and acknowledged to me
that such corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal .
/-2f5..._
-''--6-
17'
UFFTCIAL SEAL
►
•� HARRY BARBER[Seal] -.L-TiA41)
- O'" NOTARY PUBLIC-CALIFORNIA
�ya; .'°;> � NyCoSrA^+Nr-sDioIpEGOp+roCsOAuUrN-311Y.1976
�
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AFTER iiECORDING; PLEASE •TJR'S TO: •
P0i.:2 Y 'U`•ICIPAL WATER DI''RICT Sii)
P. C . BOY 348 -
i?C' AY, CA. 92064
GRANT OF RIGHT OF WAY DOCUMENTARY TRANSFER TAX $
ARTISAN HOMES, INC. , a California corporation
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL WATER DI STR I CT....a..pub 1 i c..carpar.ati.Qn
as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said.......P.OWAY...MUN.I.C.I.PAL..WATER..DI.ST.RLCL
its successors and assigns,an easement of right of way XXXXXXXXXXXXXXXXNUC,in,upon,over,under,and across the
lands hereinafter described, to erect,construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and
all purposes,together with their necessary fixtures and appurtenances including but not limited to facilities for power transmission
and communication purposes,at such locations and elevations,upon,along,over and under the hereinafter described right of way
as Grantee may now or hereafter deem convenient and necessary from time to time,together with the right of ingress thereto and
egress therefrom, to and along said right of way by a practical route or routes in, upon,over and across the hereinafter described
lands,together with the right to use said right of way for access to Grantee's rights of way situated in adjacent lands. ,
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego ,
State of California,and are particularly described as follows,to wit:
The West Half of the Southeast Quarter of the Northwest Quarter, TOGETHER WITH the
West Half of the Northeast Quarter of the Southwest Quarter of Section 6, Township 14
South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to the Official Plat thereof.
F LEIp.',:,t ?cC72-')-a °65.46.11.
scn i9T3
`,ECJ EO REQUEST OF
DISTRICT
(ldf7 13 I 56 h1 '(.i
GFr ICIAi .c:::,,,?as
S:.N DIEGO COUNTY.CALIF.
HARLEYF.3LOOH
RECO DER
NO FEE
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•
4111 4110
Parcel 1 :
The Easterly 30.00 feet of the West Half of the Southeast Quarter of the Northwest
Quarter of said Section 6, TOGETHER WITH the Northerly 267.93 feet of the Easterly
30.00 feet of the West Half of the Northeast Quarter of the Southwest Quarter of
said Section 6. Said Northerly 267.93 feet being measured along the Easterly line
of said West Half of the Northeast Quarter of the Southwest Quarter of said Section 6.
Parcel 2:
A strip of land 60.00 feet of even width, the center line of said 60.00 foot wide
strip of land being described as follows :
Beginning at a point on the Easterly line of said West Half of the Northeast Quarter of
the Southwest Quarter of said Section 6, distant thereon South 0°39'27" East 267.93 feet
from the Northeast corner of said West Half of the Northeast Quarter of the Southwest
Quarter; thence North 88°54' 55" West 251 . 14 feet to a point designated for the purposes
of this description as Point "A"; thence continuing North 88°54' 55" West 28.00 feet.
EXCEPTING THEREFROM, that portion thereof included within the 30.00 foot wide strip of
land described in Parcel 1 above.
Parcel 3:
A strip of land 56.00 feet of even width, the center line of said 56.00 foot wide
strip of land being described as follows:
Beginning at the point designated in Parcel i above as Point "A"; thence South 0°39'27"
East 230.44 feet to a point designated for the purposes of this description as Point "B".
EXCEPTING THEREFROM, that portion thereof included within the 60.00 foot wide strip of
land described in Parcel 2 above.
Parcel 4:
A strip of land 60.00 feet of even width the center line of said 60.00 foot wide strip of
land being described as follows:
Commencing at the point designated in Parcel 3 above as Point "B"; thence South 89°20'33"
West 2.00 feet to the Westerly line of the Easterly 253.00 feet of the West Half of the
Northeast Quarter of the Southwest Quarter of said Section 6 being the TRUE POINT OF
BEGINNING of the herein described center line; thence along said Westerly line, South
0°39' 27" East 649.23 feet to the Northerly line of the Southerly 190.00 feet of the
West Half of the Northeast Quarter of the Southwest Quarter of said Section 6; thence
along said Northerly line, North 88°44'55" West 407. 15 feet to the Westerly line of the
West Half of the Northeast Quarter of the Southwest Quarter of said Section 6.
EXCEPTING from the 60.00 foot wide strip of land described in Parcel 4 above, that
portion thereof lying Southeasterly of the arc of a 70.00 foot radius curve, the center
of the circle of which the curve is an arc being the intersection of the Westerly line
of the Easterly 283.00 feet of the West Half of the Northeast Quarter of the Southwest
Quarter of said Section 6, and the Northerly line of the Southerly 220.00 feet of the
West Half of the Northeast Quarter of the Southwest Quarter of said Section 6.
Parcel 5:
All that portion of the Westerly 28.00 feet of the West Half of the Northeast Quarter of the
Southwest Quarter of said Section 6 lying Southerly of the Southerly line of the 60.00
foot wide strip of land described in Parcel 4 above.
TOGETHER WITH an easement for a temporary working strip of land, situated within the
lands first above described, said easement shall include, but not be limited to, the right
and privilege of workmen , contractors, and any and all agents employed by the Grantee
herein, to use and occupy said temporary working strip for the purpose of constructing
the hereinbefore mentioned pipeline or pipelines, and any and all appurtenances incidental
thereto, and said easement shall include the right and privilege to place and operate
any and all machinery on said strip which the Grantee herein, or any agent or contractor
employed by said Grantee, deems necessary for the construction of said pipeline or pipelines.
Said temporary working strip hereinabove referred to being more particularly described
as follows:
A strip of land 40.00 feet of even width, said 40.00 foot wide strip of land lying Westerly
of, and immediately adjoining the 30.00 foot wide strip of land described in Parcel 1 above.
EXHIBIT 3
Page 1 of 2
e
• Tt is hereby understood greed upon by the Grantor anclibantee herein, that the
.-right and privilege set f h for the use of the above described temporary working
strip shall be in full force and effect from the date of execution of this instrument,
and shall continue in full during the construction of said pipeline, and that upon
completion, final inspection, and acceptance of the pipeline by said Grantee herein,
• the easement for the temporary working strip hereby granted and described above , shall
cease and terminate, and become of no further force or effect.
It is also understood and agreed upon by the Grantor and Grantee herein, that the
grant and termination of the easement for the temporary working strip hereinabove
described shall in no way affect or frustrate the continued enjoyment and use of
the easements first above described.
EXHIBIT 3
Page 2 of 2
1
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CONSULTING ENGINEERS AND PLANNERS
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TO111 Area! 119 { Acres
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Number of tions - 176
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sewage Disposal: sanitary Sewers, "Pomerado
County Water District
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Water STI Poway Manirinal Water District
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County of San Diegc Topogzaphy
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regrets and➢ t F p l died [ ac-
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15 and 30 Open space sem f to be dedi-
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Un,t 1. - Lots 1-49; 49 Lots -
Unit 2 lots 50-96 47 Lots
Unit 3 Lasts 57-141; 45 Lots.
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Unit 4 Lots 142-176; 35 Lots
11
All eas8mrr,ts at sires and rear Of lots to he
dedicated as Pen siace easements unless
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San meat, State of California, apctmding to Ine off
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