Not Recorded?
~ ~\D1
\\~
RECORDING REQUESTED BY
)
)
)
)
)
)
)
)
)
)
WHEN RECORDED MAIL TO:
Luce, Forward, Hamilton & Scripps
600 West Broadway, Suite 2600
San Diego, CA 92101-3391
Attn: Nancy 1. Scull, Esq.
Above Space for Recorder's Use
DRAINAGE EASEMENT AGREEMENT
~ DRAINAGE EASEMENT AGREEMENT ("Agreement") is made and executed as of
this T day of ,-),- ) '" Q. , 2000, by and between ENCINIT AS RANCH GOLF
COURSE AUTHORITY, a California Joint Powers Authority ("ERGA"), and D.R. HORTON SAN
DIEGO HOLDING COMPANY, INC., a California corporation ("Horton" or "Grantee"), with
reference to the facts set forth below.
RECITALS
A. ERGA is the owner of certain real property situated in the City of Encinitas, County
of San Diego, State of California, as more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference ("ERGA Property").
B. Horton is the owner of an adjacent parcel of real property situated in the City of
Encinitas, County of San Diego, State of California, more particularly described on Exhibit "B"
attached hereto and incorporated herein by this reference ("Benefitted Property"). ERGA Property
and the Benefitted Property are sometimes collectively referred to herein as the "Parcels" or
individually referred to herein as a "Parcel." The Benefitted Property is a portion of a master
planned development commonly known as Encinitas Ranch.
C. ERGA has agreed to grant an easement over certain portions of the ERGA Property
to Horton for the construction, maintenance, repair and replacement of certain storm drain facilities
located thereon. Horton intends to transfer such easement in the future to Encinitas Ranch
Community Association, a California nonprofit mutual benefit corporation ("Association"), the
Encinitas Ranch
Lot 73 Drainage Easement
20837-10/1 514055.2
1
homeowners association for the Encinitas Ranch. The Association's obligations for Encinitas Ranch
are set forth in that certain Declaration of Covenants, Conditions and Restrictions ofEncinitas Ranch
recorded in the Official Records of San Diego County on February 26, 1999 as Document No. 1999-
0121953, together with any and all amendments and supplementary declarations thereto
("Declaration").
NOW, THEREFORE, in consideration of the recitals and for other good and valuable
consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties hereto agree
as set forth below.
1. Grant of Easement. ERGA hereby grants to Grantee, a non-exclusive easement on,
over, through and across a portion of the ERGA Property described in Exhibit "C" attached hereto
and incorporated therein by this reference and shown on the plat attached hereto as Exhibit "0"
("Easement Area") for purposes of constructing certain storm drain facilities and for the
maintenance, repair and replacement of such storm drain facilities. The easement granted herein
shall include the right of ingress and egress on, over and across ERGA Property to the extent
necessary to exercise the easements granted herein. Upon Conveyance (as defined below) by the
Association, the rights and obligations of Horton under this Agreement shall be assigned to the
Association, the Association shall be the Grantee hereunder, and Horton shall be fully and forever
discharged from any and all of its obligations arising after the date ofthe Conveyance relating to this
Agreement or the easement granted herein. Conveyance by the Association shall be deemed to have
occurred upon the close of escrow of the first Residential Lot covered by a Supplementary
Declaration recorded in the San Diego County Recorder's Office designating the Easement Area as
part of the Common Maintenance Area under the Declaration.
2. Character of Easements. The easements granted to Grantee herein are appurtenant
to the Benefitted Property and shall inure to the present and future owners ofthe Benefitted Property.
The easements granted herein shall be for the use and benefit of Grantee, its successors assigns,
agents, and contractors (collectively "Permitted Users"). Any reference to the Grantee's use of the
easements shall be deemed to include the use by its Permitted Users. The easements granted herein
shall be non-exclusive, and ERGA shall have the right to use the Easement Area to the extent
ERGA's use does not interfere with or affect Grantee's use of the easements.
3. Maintenance Obligations. Grantee shall maintain the storm drain facilities in a good
condition. If Grantee fails to perform its maintenance obligations as set forth herein and ERGA
delivers reasonable notice to Grantee of its failure to maintain such facilities and, thereafter, Grantee
fails to promptly maintain the storm drain facilities as required hereunder, ERGA may perform such
maintenance on behalf of Grantee and Grantee shall reimburse ERGA for all ofthe reasonable costs
incurred in the performance of such maintenance by ERGA. The Association shall have the
Encinitas Ranch
Lot 73 Drainage Easement
20837-10/1514055.2
2
obligation to maintain the insurance for the usage of the easement granted herein that is required to
be carried by the Association under the Declaration.
4. Indemnity. Grantee shall and agrees to indemnify and hold ERGA harmless from and
against any and all liabilities, claims, damages, actions, costs, losses, proceedings, causes of action
and expenses of any nature, including, but not limited to, attorney's fees arising from or attributable
to or in connection with the use of the easements granted hereunder.
5. Enforcement. Violation or breach 0 f any covenant, agreement or provision contained
herein shall give to the party in whose favor such covenant, agreement or provision was made, the
right to prosecute a proceeding at law or in equity against the person or persons who violated or are
attempting to violate any such covenant, agreement or provision, to enjoin or prevent them from
doing so, to cause such violation to be remedied and/or to recover damages for such violation.
6. Binding on Successors. This Agreement and all of the covenants and conditions
herein contained shall be binding upon and shall inure to the benefit ofthe executors, administrators,
heirs, assigns and successors of each of the parties hereto.
7. Authority. Each party signing this Agreement represents and warrants that such party
has full authority to do so, that performance of all ofthe obligations contained herein have been duly
authorized by all requisite actions on behalf of such party, and that this Agreement binds such party.
ERGA further represents and warrants that it owns the Easement Area in fee simple and that it has
the power and authority to grant the easements and rights herein granted.
8. Severability. If any term, provision, covenant or condition ofthis Agreement is held
to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,
the remainder ofthis Agreement shall not be affected thereby, and each term, provision and covenant
shall be valid and enforceable to the fullest extent permitted by law.
9. Attorneys' Fees. In the event legal proceedings are commenced regarding the
enforcement of this Agreement, the prevailing party in any such action shall recover, in addition to
any relief granted therein, reasonable attorneys' fees from the other party or parties, which fees shall
be included in any judgment rendered in such proceedings.
10. No Waiver. The waiver or failure to enforce any breach or violation of any covenant
herein contained shall not be deemed to be a waiver or abandonment of such covenant, or any waiver
of the right to enforce any subsequent breach or violation of such covenant.
11. Entire Agreement. This Agreement sets forth the entire understanding and agreement
of the parties with respect to all matters discussed herein and supersedes any and all prior
Encinitas Ranch
Lot 73 Drainage Easement
20837-10/1514055.2
3
agreements, written or oral regarding such matters. The provisions hereof may not be changed or
modified except by an instrument in writing signed by the parties hereto.
12. California Law. This Agreement is being executed and delivered, is intended to be
performed, in the State of California, and to the extent permitted by law, the execution, validity,
construction and performance ofthis Agreement shall be construed and enforced in accordance with
the laws of the State of California. This Agreement shall be deemed made and entered into in San
Diego County.
13. Compliance with Laws. Grantee covenants and agrees to comply with all laws and
regulations relating to the use of the Easement and the exercise of any rights granted herein.
14. Mutuality: Reciprocity: Runs with Land. All conditions, covenants and agreements
contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the
Parcels; shall create mutual, equitable servitude and burdens upon each ofthe Parcels in favor of the
other Parcel; shall create reciprocal rights and obligations between the respective Parcels and privity
of contract and estate between all grantees of the Parcels, their heirs, successors and assigns; and
shall, as to the owner of each Parcel, his heirs, successors and assigns, operate as covenants running
with the land, for the benefit of the other Parcels.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
ERGA:
GRANTEE:
ENCINIT AS RANCH GOLF COURSE
AUTHORITY, a California Joint Powers
Authority
D.R. HORTON SAN DIEGO HOLDING
COMPANY, INC., a California corporation
BY~
N a' e:vrtt es It; S..."
Title:~~~: hJ~~,~
By: ~ D. l~~
Name: .Jol~ \) . \(UT JIt
Title: .1P
Encinitas Ranch
Lot 73 Drainage Easement
20837-10/1514055.2
4
STATE OF California)
COUNTY OF San Dieqo )
On (f)- \ - C:[) before Me, Stacie Donahue, Notary Public
personally appeared John D. Kerr, Jr. Vice President,
DR Horton San DieGo HoldinG ComDanv, Inc.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
r--~:::------;;~~~:;;A~----l
<;".' '-" ~ STACIE DONAHUE
~: ,,; NOTARY PUBLlC-CALlFORNIAi,g
a: . COMM. NO. 1196335 'l?
SAN DIEGO COUNTY
MY COMM. EXP. SEPT. 14, 2002
Signatur
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On tl/1k{l before me, (I II J:t.if,(\) IvbilJl{i ,& 'L, personally appeared
S 41-1E!; I F. f1biJ~) rJ ' personall known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name(s) are/is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity, 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.
WITNESS my hand and official seal.
(~-/J. , . \ ~
Signature V DiA.-,{ r J...f.L<--I){ O.~A - (SEAL)
.t...............................
. ....~*
~. / +,.'...... . ~ PATRICIA DREW ;
e . -. . Comm. # 1143097 ()
.; ~. NOTARY PUBlfC.CALlFORNIA ~
i j~, 'ill SAN DIEGO COUNTY ~
< ',,, ,.' My Comm. Exp. June 22, 2001 t
.~.. It. It.............. ~ '_~.' ~." t. !!<..-.,..
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On before me, , personally appeared
, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name( s) are/is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hisiberhhelt' Q11thorized
capacity, and that by hislher/their signature(s) on the instrument the person(s) Of tht',.-';l.,h',;, upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
5
EXHIBIT "A"
Legal Description of ERGA Property
Parcell of Certificate of Compliance recorded in the County Recorder's Office of San Diego County
on April 25, 2000 as Document No. 2000-0211243.
6
EXHIBIT "B"
Legal Description of Benefitted Property
Parcel 2 of Certificate of Compliance recorded in the County Recorder's Office of San Diego County
on April 25, 2000 as Document No. 2000-0211243.
7
EXHIBIT "e"
LEGAL DESCRIPTION
PRIVATE STORM DRAIN EASEMENT
ALL THAT PORTION OF LOT 73 OF CITY OF ENCINITAS TRACT NO. 94-066 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 13356 RECORDED IN THE OFFICE OF
THE RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 4,1996, AS SHOWN
ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BEING A 15.00
FOOT WIDE STRIP OF LAND, 7.50 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 67 OF SAID MAP
NO. 13356;
THENCE ALONG THE NORTH LINE OF SAID LOT 67 SOUTH 79024'20" WEST,
94.38 FEET TO AND ALONG THE SOUTH LINE OF SAID LOT 73, SAID POINT
BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH LINE NORTH 72055'03" WEST, 112.74 FEET;
THENCE SOUTH 84028'32" WEST, 60.52 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED
SO AS TO TERMINATE AT THE SOUTH LINE OF SAID LOT 73.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
S8&0, INC,
Job No, 54862,00, December 14, 1999
1 of 1
Encinitas Ranch - North Mesa
D'\54862\LEGALS\PVTSDESMT. JMF_
EXHISIT IISII
..
~
-
q
.
-
73
A/AP lVO 13358
74
SIU~8'.J2"W
60.52' N7rSS'O.J"W
112.74' P.O.B.
S79"24'2q'W r--
94.J8~
--
--
--
I T.P.O.B.
I
I
(
~\
\
\
87
~
NOT TO SCALE
PRIVA TE STORM DRAIN EASEMENT
LOT 73, MAP NO. 13356
5-1-00
5#J62X07.0WG
54862.00
.
ENCINITAS
P "'<CH
CITY OF ENCINITAS
ENCINITAS RANCH GOLF AUTHORITY
550 South Vulcan Avenue
Encinitas, CA 92024-3633
June 15,2000
City of Encinitas
Engineering Department
505 South Vulcan Avenue
Encinitas, CA 92024-3633
RE: Encinitas Ranch - North Mesa (Upper Portion)
City of Encinitas Tentative Map No. 99-074
Letter of Permission for Grading
Dear Sirs:
We are the owners, or have interest in, the property adjacent to the above referenced
project. We have reviewed the grading plans and landscape and irrigation plans, and are
satisfied with the improvements shown thereon. We hereby grant D.R. Horton the right to
grade, fill, drain, landscape and irrigate upon and across said property, in accordance with
City of Encinitas Drawing No. 6145-G.
Sincerely,
ENCINIT AS RANCH GOLF AUTHORITY (ERGA)
SB
&0
58&0, INC.
Land
Planning
Civil
Engineering
LlInd
Surveying
TRANSMITTAL
TO:
CORNERSTONE COMMUNITIES
DATE:
06/15/00
JOB NO: 54862.00
ATTN:
Jack Robson
FROM:
Marty Ohmstede
RE:
North Mesa, Quit claim deed
We are transmitting the following via to be picked up.
Q
Q
Q
a
Reviewed as Noted
As Requested
For Your Review/Approval
For Your Information
No. of Copies No. of Sheets Description Date
1 2 Quit Claim Deed for E.R.G.A.
COMMENTS:
RECEIVED BY:
DATE:
cc:
MO:km
:Ie, I:' Kcarn: VilLI Koad. Suite 2() 1+ San Dlcgo. CA 921 n
Plwnc (:\'i:\) 'i('()-1141 fa., (X5X) 'iOO-XI57
l)()()7 AITO\\ Route. SUite 12() + Rancho CuclI1longa. ('A l) I nil
Phonc (l)()l)) 94X-345() Fa., (l)()l)) l)4X-275()
Unler N0.11 'i 1,)0,)-0
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
D.R. HORTON
1010 SO. COAST HIGHWAY 101, SUITE 110
ENCINIT AS, CA. 92924
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $-0- BOUNDARY ADJUSTMENT
.....Computed on the consideration of value of property; OR
... ..Computed on the consideration of value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax - Firm Name
APN # 254-610-06
QUITCLAIM DEED
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged,
ENCINITAS RANCH GOLF AUTHORITY, A JOINT EXERCISE POWERS AGENCY DULY ORGANIZED AND EXISTING
UNDER THE LAWS OF THE STATE OF CALIFORNIA
hereby REMISES, RELEASES AND QUITCLAIM TO:
D.R. HORTON SAN DIEGO HOLDING COMPANY, INC., A CALIFORNIA CORPORATION
the real property in the City of ENCINIT AS,
County of SAN DIEGO,
State of California, described as
THAT PORTION OF LOT 73 OF CITY OF ENCINITAS TRACT NO. 94~006, ACCORDING TO MAP NO. 13356, AS
DESCRIBED ON E IBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Dated ENCINITAS RANCH GOLF AUTHORITY, A JOINT EXERCISE
:~~:4A4-f
ITS.~
BY:
ITS:
STATE OF CALIFORNIA } ss.
~ }
:0{)}
before me, personally
. ~ '>c'.) rJ
personally known to me (or
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
hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNES:Q_ o,d 0:"":1 """. /
S i gnat ure c ~ i-vc LL)... .w...f:A..A..i
(This area for official notarial seal)
EXHIBIT "A"
LOT 73 TO LOT 67 TRANSFER PORTION
A PORTION OF LOT 73 OF CITY OF ENCINITAS TRACT NO. 94-006 IN THE CITY
OF ENCINITAS. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING
TO THE MAP THEREOF NO. 13356 RECORDED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 4. 1996. AS SHOWN ON
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS
FOLLOWS: .
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 73;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 73 SOUTH 9018'18" WEST,
151.82 FEET; _
THENCE NORTH 89028'14" WEST, 749.88 FEET;
THENCE SOUTH 2034'43" EAST, 397.44 FEET TO THE NORTHERLY LINE OF LOT
67 OF SAID MAP NO. 13356;
THENCE ALONG SAID NORTHERLY LINE SOUTH 85002'00" WEST, 22.17 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 85002'00" WEST,
128.93 FEET;
THENCE NORTH 74053'51" WEST, 99.15 FEET;
THENCE NORTH 88051'37" EAST, 58.28 FEET;
THENCE SOUTH 87005'53" EAST, 108.92 FEET;
THENCE SOUTH 79045'41" EAST. 58.04 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 0.072 ACRES MORE OR LESS.
S8&0, ING.
Job No. 54862.00, October 20. 1999
Encinitas Ranch - North Mesa
D:\54862\LEGALS\ TRANSFERJMF
"B"
, , _. 'I t ~ ( ..,.. I j- rljL )
SHEET 1 OF 2 SHEETS
N26"11'20"W
150.18',
NJ0'25~6"E
108.88' \
N9'26'17"E
1().t..69' \
N2'# '49 "W
98.09' \
SEE DETAIL
SHEET 2 \
\ N79'2~ '20"E
166.J7'
N1r~2'51"E
208..]J'
\ N8S().t.'J2"W
6J.71' 74
MAP NO 13355
r--
h
lIJHE;
SEE SHEET 2 FOR D47:4 TABlE
AND EASEMEM" NOTES.
~
.
.
....
(:)
P. 0.8.
PARCEl.. 2
UGAL DESCRIPTION
LOTS 67 AND 7J OF ENCIN/TAS
77?ACT NO. ~-066, AlAI' NO. 1.JJ56
IN THE COUNTY OF SAN DIEGO
RECORDED SEPTEMBER~, 1996.
I
~
GRAPHIC SCAU
.]()() 600
I
900
m
PLANNING DESIGN CONSULTATION
Land Planning
Civil Engineering
Land Sw-veying
SB&O, Inc.
3815 Kearny Villa Road, Suite 201
San Diego, California 92123 (B5B}5BO-U41
OWNER OICIN/TAS RANCH GOLF Al/THORI7Y
PHONE NO. (760) 6.]J-2612
ADDRESS 505 SOl/TH VULCAN AVENUE
CrTY ENCIN~AS.: 01, 9202~-J6.]J
tsUUI\JUAKY
AUJU~ I MtN I ~LAI
EXHIBIT "8"
DA TA TABLE
RADIUS
550.00'
550.00'
1
2
.]
4
5
6
7
8
550.00'
MA~ 1\1 U. {'>" -<-:';'6'/ DR/L'P;
SHEET 2 OF 2 SHEETS
LENGTH
104.4.1'
70.,]0'
88.81
122.77'
119.24'
151.82'
250.62'
66.45'
2#.00
101.85'
126. (H.
.JJ. 15'
64.04
1,]1.21'
108.92
58. 04'
22.17'
128.9,]
99.15'
58.28'
1.10.72'
72.9,]
152..18
78.24'
EASEMENT NOTES
~ INDICATES EXISTlNe OPEN SPACE EASEMENT PER MAP NO. 1.J.J56.
2 INDICATES EXISTING DRAINAGE E'ASEAlENT PER MAP NO. 1.J.J56.
.] INDICATES .]' PEDESTRIAN ACCESS E'ASEAlENT pm MAP NO. 1.J.J56.
4 INDICATES EXISTING E'ASEAlENT FOH Ra40 AND PUBliC UTILITY PURPOSES
Pf./RPOSES PER MAP NO. 1.J.J56.
o INDICATES EXISTING 20' SEWER E'ASEAlENT TO LEUCAOIA COUNTY WAlC1i'
DISTRICT pm MAP NO. 1.J.J56.
o INDICATES 20' WAlC1i' EASEMENT TO OLMNHAlN MUNICIPAL. WAlC1i'DISTRICT
HEC. 5-16-74 AS FILE NO. 7;f.-126.J40.
~
.....
.
.....
~
AIAP NO.
1555fj
nJ:"T~ /I
75
~+
~l
;ti" fj8
~~
~
7