Grant of Easement 1997-0501964
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tlPOC ~ 1997-0501964
III T 08. 1997 1: 39 PM
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OFFICIAL RECORDS
SAN DIEGO COUNTY ~ECOROER'S OFFICE
'lfEQR( ;. SMiTH, COUNTY RECORDER
FE~,: 43. 00
DC: HA
CITY OF POW A Y
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NO DOCUMENT TRANSFER TAX
396
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POW A Y
P,O, BOX 789
POW A Y, CA 92074
APN 320-201-23
NO FEE
GRANT OF EASEMENT
(Brush Management Landscape and Slope Maintenance)
This easement agreement ("Agreement") is made as of September 30 , 1997 , between
CITY OF POW A Y, a California municipality (poway) and KAUFMAN AND BROAD OF SAN
DIEGO, INC" a California corporation ("K&B"), with reference to the following:
RECITALS
A. Poway is the owner of the real property located in the City of Poway, County of San
Diego, California, more particularly described on Exhibit A attached hereto ("Poway Property"),
B, K&B is the owner of the real property adjacent to the Poway Property on the east,
more particularly described on Exhibit B attached hereto ("K&B Property"),
C, K&B intends to develop the K&B Property with residential units pursuant to approvals
and permits issued by the City of San Diego ("City"), and in connection therewith wishes the right
to install native plant landscaping, an irrigation system and surface drainage facilities on portions
of the Poway Property, to maintain the improvements thereon, and for brush management
purposes.
D. Poway is willing to grant to K&B an easement over those portions of the Poway
Property described and depicted on Exhibits C through E ("Easement Areas"), on the terms and
subject to the conditions of the Easement Agreement.
NOW THEREFORE, the parties agree:
1, Grant Df Easement. Poway grants to K&B non-exclusive easements in gross on,
over, under, and across the Easement Areas for purposes oflandscaping, inigation, drainage,
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397
maintenance, and brush management. These easements include incidental rights of access on,
over, and under the Easement Areas as may be reasonably necessary to utilization thereof as
contemplated herein,
2. Use of Easement Areas, K&B shall have the right to use the Easement Areas for the
installation of native plant landscaping and irrigation facilities, drainage and drainage facilities, and
all other improvements which may be necessary or appropriate in connection with the
establishment of native vegetation on the slopes within the Easement Areas, In addition, K&B
shall have the right, but not the obligation, to enter upon the Easement Areas following the
establishment of the native plant landscaping for brush management purposes and for the use,
maintenance, repair, removal, and replacement of irrigation and drainage facilities within the
Easement Areas,
3. TerminatiDn of Easement(s), The parties understand that Poway may in the future
develop the Poway Property such that the Easement Areas are no longer slope areas suitable for
native landscaping or requiring brush management, and agree that any or all of the easements
granted herein may be terminated by Poway, but only in connection with the development of the
Poway Property pursuant to a development plan and associated approvals and permits issued by
the City of Po way which allow development of the applicable Easement Area(s) and the removal
of the slope(s) thereon. Upon any such termination with respect to any of the Easement Areas,
K&B shall deliver and record a quitclaim deed in form reasonable acceptable to Poway and its
title company, so as to extinguish the easement as a record exception to Poway's fee title as to the
Easement Area( s) involved. In addition to the foregoing, should the easements granted herein no
longer be required for the development and use of the K&B Property, K&B or its successor may
at any time terminate its rights hereunder by recordation of such a quitclaim deed,
4. Indemnity, K&B agrees to hold Poway harmless from and to indemnifY Poway
against any and all claims, demands, costs (including reasonable attorney's fees), losses, liabilities,
and obligations made against or incurred by Poway arising out of or in connection with entry by
K&B onto the Easement Areas,
5. Insurance, Prior to entering upon the Easement Areas and at all times during the term
of this Easement Agreement thereafter, K&B shall, at its sole expense, maintain a policy of
comprehensive public liability and property damage insurance, including direct contractual and
contingent liability, with limits of$I,OOO,OOO for bodily injury and property damage liability,
naming Poway as an additional insured, covering K&B's activities on the Easement Areas,
6. LkIu, K&B shall not suffer or permit to be enforced against the Poway Property, or
the Easement Areas or any other part thereof, any mechanic's, materialman's, contractor's, or
subcontractor's lien arising from, or any claim for damage growing out of, arising out of, or
related to K&B's activities on the Easement Areas pursuant to this Easement Agreement, and
K&B shall payor cause to be paid all of such liens, claims, or demands before any action is
brought to enforce the same against the Poway Property, K&B agrees to indemnifY, defend, and
hold Poway and the Poway Property free and harmless from all liability for any and all of such
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398
liens, liabilities, claims, and demands, together with reasonable attorneys' fees and all costs and
expenses in connection therewith.
7, Assignment. K&B shall have the right to assign its rights and obligations hereunder to
a California nonprofit mutual benefit corporation, the members of which are or will be the owners
of the K&B Property, or to any person or entity which acquires fee title to all of the K&B
Property, Upon the written assumption by the assignee of the obligations of K&B set forth in this
Easement Agreement delivered to Poway, the assignee shall have all of the rights and obligations
ofK&B with respect to the Easement Area(s) to which the assignment relates, and K&B shall
have no further rights or obligations under this Easement Agreement with respect to such
Easement Area(s) for any matters arising after the date of such assumption by assignee,
8. Attorney's Fees, In the event of any controversy, claim, or dispute between the
parties to this Easement Agreement relating to this instrument or the breach of this Easement
Agreement, the prevailing party shall be entitled to costs of suit and such sum as the court deems
reasonable for attorneys' fees, The prevailing party shall be the party in whose favor final
judgement is entered,
9, Binding Effect. This instrument shall bind and inure to the benefit of the parties
hereto and their respective successors and assigns,
TIllS EASEMENT AGREEMENT has been executed as of the date first set forth above,
CITY OF POW A Y,
a California Municipality
KAUFMAN Ai'ID BROAD OF SAN DIEGO
:C;t;~
Its LI<;~ (7",0.:1.", A."",-l.. '5-=", I...'7
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Its Mayor
By ~~k IU~L
Its City' l~k
By 6~~
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Its l..li\4(cl\Q(, -r1~..':..J..o ~H.~
399
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.
.
State of California
County of San Diego
On September 15, 1997
before me,
the undersigned
Name and Tille 01 OltiCer III.g., "Jane Doe. Nolary PubliC1
Dale
personally appeared Lisa Gordon and Robert Mincer
Name(s) of Signer(sl
o personally known to me - OR -1] 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.
J@ ROSA C, BROWN ~
-, Comm, ; 1149306
fJ) NOTARY PUBI..IC'CAllFORNII Ul
~ ' San Oitgo COl.ntv -
. ~r Comm. EJ:plru ..\ug. 26, 2001 r
Though the intonnation be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited [J General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
,L:ame:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or CDnservatDr
o Other: Top oIlhumb here
RIGHT THU,.'BPRINT
OF SIGNER
Signer's Name:
Signer Is Representing:
Signer Is Representing:
C 1W4 NallOnAl NolaryA'KlCtllUon -8236 R~l AWo. P,O. Boll 11$.1-c..oooa Park, CA91309-11a.
PI'Od. NIl.!IOO1
ReordM: CaM ToU-F,.. 1.800-87&.8827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.
.
State of ~
County of L--,--" ,;j)/~""-} .
On ,J p-C-~ / ~~ 1~7.before me, ~//-::..?z?'f~~.~~.(~'
personally appeared J.9f71"o- kJAAlAh.AA""'-' y~ -m~::( tI/dM;;w ,
~ Name(S)oISig"~)
'Jzj personally known to me
'0 proved to me on the basis of satisfactory evidence
to be the perso@whose name(s) i@ubscrlbed to the
within instrument and ackno~d to me that he/she~
executed the sam~/he~uthorized capaci~
and that by his/he'r~signatur~on the instrumentJ!J.e-..
perso~r the entity upon behalf of which the person~
acted, executed the instrument.
,
~-~~~:;~ ~ ~1
COMM, #lw?2Jl z
WITNESS my hand and official seal.
d.~UI~ ~~~
S N.!ure 0 ry PuI>Ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons refying on the document and could prevent
fraudulent removal and reattachment of this form to another document. . 1
"
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
[,
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited u General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top 01 thumc here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or ConservatDr
o Other. Top oll/lumD hero
RIGHT IliUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
[.
C 1m NallOMl NOla'Y A""ocitlllOO . 8236 A..nmotl A_. P.O. 8011118-& . Canoga Park, CA 9IJOQ.1184
Prod. No. 5901
A&ol'de,: Call Toll.Fr.. 1.8QO.87&-6827
.
.
401
EXHIBIT A
THE CITY PROPERTY
Lot B of City of Po way Tract No, 88-04R Unit I according to Map No.
13364 filed in the office of the County Recorder of San Diego County,
California on October 17, 1996,
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402
EXHIBIT B
THE K&B PROPERTY
Lots 182 through 339, inclusive, of Rancho La Cresta Unit No.2
according to Map No, 13286 filed in the office of the County Recorder
of San Diego County, California on January 17, 1996.
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403
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EXHIBIT "C"
LANDSCAPE MAINTENANCE EASEMENT
All that portion of the Northwest Quarter of Section 26, Township 14 South, Range 2 West,
San Bernardino Meridian, according to U.S. government survey thereof, in the City of Poway,
County of San Diego, State of California, described as follows:
COMMENCING at the West Quarter corner of said Section 26, being also the Southeast
boundary corner of RANCHO LA CRESTA - UNIT NO.2, according to Map thereof No.
13286, filed in the Office of the County Recorder,lanuary 17, 1996; thence along the Westerly
line of said Section 26 and the Easterly boundary line of said Map No. 13286, North 00019'22"
East, 360.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said
Westerly line and Easterly line, North 00019'22" East, 654.70 feet; thence leaving said Westerly
line and Easterly line, South 29039'32" East, 150.08 feet; thence South 00019'22" West, 175.00
feet; thence South 06013'44" West, 145.77 feet; thence South 31017'12" West, 116.62 feet to
said Westerly line and Easterly line; thence along said Westerly line and Easterly line, South
00019'22" West, 23,70 feet; thence leaving said Westerly line and Easterly line, South 13 034'29"
East, 83.27 feet; thence South 89050'00" West, 20.00 feet to the TRUE POINT OF
BEGINNING.
Containing 0.725 Acres (more or less)
tJ.tJJ1
awrence W. Walsh
L.S. 7006
Date
Page 1 of 1
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EASEMENT
EXHIBIT "c"
IN, '50l286
DRA\.IING'1248EX06
PLcr, 09-09-97
.
405
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EXHIBIT "0"
LANDSCAPE MAINTENANCE EASEMENT
All that portion of the Northwest Quarter of Section 26, Township 14 South, Range 2 West,
San Bernardino Meridian, according to U.S. government survey thereof, in the City of Poway,
County of San Diego, State of California, described as follows:
BEGINNING at the West Quarter corner of said Section 26, being also the Southeast
boundary corner of RANCHO LA CRESTA - UNIT NO.2, according to Map thereof No.
13286, filed in the Office of the County Recorder, January 17, 1996; thence along the Westerly
line of said Section 26 and the Easterly boundary line of said Map No. 13286, North 00019'22"
East, 181.00 feet; thence leaving said Westerly line and Easterly line, South 23021'30" East,
62.25 feet; thence South 15052'00" East, 32.25 feet; thence South 00019'22" West, 36.00 feet;
thence South 17034'20" West, 38.76 feet; thence South 48041'20" West, 30.10 feet to the
POINT OF BEGINNING.
Containing 0.095 Acres (more or less)
ePw,0J1i,
1-9- 'J 7
Date
L.S. 7006
Page 1 of 1
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PRQ'"tSS1()W.. E:r-GI~RS, PlAN'lERS Ie SURvEYORS
81~ Q.Alll(\(:Nr lE:S.\ RollO-SAN OIEoo. CAl..1r~IA 112124
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LANDSCAPE MAINTENANCE
EASEMENT
EXHIBIT "0"
DRAWING'1248EXIl
PLOT,09-09-97
.
407
.
EXHIBIT "E"
BRUSH MANAGEMENT EASEMENT
All that portion of the Northwest Quarter of Section 26, Township 14 South, Range 2 West,
San Bernardino Meridian, according to U.S. government survey thereof, in the City of Poway,
County of San Diego, State of California, described as follows:
BEGINNING at the West Quarter corner of said Section 26, being also the Southeast
boundary corner of RANCHO LA CRESTA - UNIT NO.2, according to Map thereof No.
13286, filed in the Office of the County Recorder, January 17, 1996; thence along the Westerly
line of said Section 26 and the Easterly boundary line of said Map No. 13286, North 00019'22"
East, 273.52 feet to the Southwesterly line of Cypress Canyon Park Drive, said point being on
the arc of a 470.00 foot radius curve, concave to the Southwest, a radial to said point bears
North 29054'30" East; thence Southeasterly, along said Southwesterly line and along said
curve, through a central angle of 01044'38" an arc distance of 14.31 feet; thence South
58020'52" East, 102.63 feet; thence leaving said Southwesterly line, South 00019'22" West,
112.91 feet; thence South 45019'22" West, 141.42 feet to the POINT OF BEGINNING.
Containing 0.444 Acres (more or less)
~(jtJ.ft Hl1
Lawrence W. Walsh Date
L.S. 7006
Page 1 of 1
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PRanS 10'<Al. ENG I PLERS. Pl.AIfol:RS . SLRVEYORS
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BRUSH MANAGEMENT
EASEMENT
EXHIBIT "E"
DRA"'lNG'1248EX02
PLOT, 09-09-97