1985-35730285-357302
2133 T z c 011 0ro 1
:QUESTED DY> % r, tl T Tstic0l;ns
hECORDIMG RITLE CO, ' ;' t s3 COt F1T Y. C +1 i
FOUNDERS
U5 SE? 26 ?;4 3: 53
RECORDING REQUESTED BY; FOUNDERS TITLE Cry. LC p R L. LYLE�
William L. Strong, Jr,
AND WHEN RECORDED, RETURN TO:
Im
William L. Strong, Jr.
27808 Palos Verdes Drive East
Palos Verdes, California 90274 A FNF
DO!CUMEWTAr,'f' : aANSFER TAX S .` 1,•;'DER'S TITLE C
Space Above For R r er s Us
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (Agreement) is made as of SEptember 23
1985, between Home Capital Corporation, a California corporation
(Grantor), and William L. Strong, Jr. and Shelby Strong, as hus-
band and wife; and Fred M. Gibbons (collectively, Grantee), who
agree as follows:
1. This Agreement is made in contemplation of and with
reference to the following facts and circumstances:
a. Grantor is the owner of certain real property lo-
cated in San Diego County, California, described on Exhibit
"A" attached hereto and incorporated herein by this refer-
ence (Servient Tenement). Grantee is the owner of certain
real property located in San Diego County, California de-
scribed on Exhibit "B" attached hereto and incorporated
herein by this reference (Dominant Tenement). Servient and
Dominant Tenements are adjacent to one another.
b. Grantee desires to acquire an easement appurtenant
to the Dominant Tenement, which easement shall be for hik-
(H4.110/7) -1-
ing, horseback riding through the Servient Tenement, in the
approximate location depicted on the plat attached hereto as
a part of Exhibit "C" (the Easement).
C. Grantor presently anticipates that it will subdi-
vide and develop, for residential use, the Servient Tene-
ment. Grantor anticipates that only one of the lots created
by such subdivision will be affected by the Easement. Gran-
tor is willing to grant the Easement as provided herein, but
only if (a) Grantee agrees to release from the Easement, by
quitclaim or other method acceptable to Grantor, any lots
created as a result of such subdivision which are physically
unaffected by the Easement, and (b) Grantor shall have the
right to relocate the Easement, if necessary or convenient
but without substantially reducing the usefulness of the
Easement, in connection with the approval of the subdivision
and development of the property.
d. Grantee has represented to Grantor that Grantee
anticipates subdividing the Dominant Tenement into approxi-
mately 44 residential lots. Grantor is granting the ease-
ment appurtenant as described herein based upon the antici-
pated use by the owners of said 44 residential lots.
2. For valuable consideration given, Grantor hereby grants
to Grantee a non - exclusive easement in the Easement in the ap-
proximate location described and depicted on Exhibit "C ". The
Easement shall be appurtenant to the Dominant Tenement and is
granted for the use by Grantee and successive owners of the
(H4.110/7) -2-
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35
Dominant Tenement. Grantee acknowledges that Grantor may be re-
quired in connection with the subdivision and development of the
Servient Tenement to grant an open space easement to the County
of San Diego. Notwithstanding anything to the contrary in this
grant of Easement, Grantee shall take• no action which would be in
conflict with any open space easement granted to the County and
this Easement shall be subordinate to any such open space ease-
ment granted to the County. Without limiting the foregoing
restriction, the following restrictions shall apply.
a. Grantee shall not construct, erect, place or main-
tain on the Servient Tenement any building, structure or
other thing whatsoever;
b. Grantee shall not excavate or grade or permit any
excavating or grading to be done, or place or allow to be
placed any sand, soil, rock, gravel or other material what-
soever on the Servient Tenement without the prior written
consent of Grantor;
C. Grantee shall not use or allow to be used any
motorized vehicles on the Easement.
3. The Easement granted herein is nonexclusive. Grantee
acknowledges that Grantor shall have no obligation to maintain
the Easement or to make the Easement area passable. Grantee
further acknowledges that, from time to time, the area of the
Easement is subjected to natural occurrences, for example,
flooding, which make the Easement area not passable. Grantee, on
its own behalf, and on behalf of its successors - in- interest,
(H4.110/7) -3-
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hereby knowingly and willingly assume the risk of using the Ease-
ment with the knowledge that there is no obligation on the part
of Grantor to maintain the Easement. Grantee shall not use the
+„
Easement for any purpose other than hiking and horseback riding
and shall not use the Easement in any manner which would unrea-
sonably interfere with the enjoyment of the Servient Tenement by
ti
the residents of the Servient Tenement, or which would detract
from the value of the Servient Tenement.
�
4. Grantee shall be responsible for all damage or claims
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of damage caused by or relating to Grantee's use of the Easement
except for damage caused by Grantor's negligence or willful mis-
conduct. Grantee shall at all times maintain liability insur-
ance, in form and content and with a company satisfactory to
I
Grantor, with a combined single limit of at least $1 million
(with periodic increases to assure adequate coverage), naming
Grantor as an additional insured. Such insurance shall provide
for 10 days prior notice of cancellation to be delivered to
2.
Grantor. From time to time upon Grantor's request, Grantee shall
J it
furnish Grantor with evidence reasonably satisfactory to Grantor
of Grantee's having obtained such adequate and appropriate insur-
j
ance. Grantee shall indemnify, defend, save and hold harmless
Grantor of and from any claims demands liabilities causes of
action or expenses (including attorneys' fees) arising out of or
connected with the use by Grantee of the Easement, except to the
..
extent such arises from Grantor's negligence or willful mis-
conduct.
(H4.110/7) -4-
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5. Grantee acknowledges that, as the holder of a real pro-
perty interest affecting the Servient Tenement, it may be nec-
essary for Grantee to execute documents or instruments in connec-
tion with the approval of subdivision and development of the
Servient Tenement. Grantee hereby irrevocably makes, constitutes
and appoints Grantor, acting by or through any one of its officers,
as Grantee's true and lawful attorney for limited use in the name,
place and stead of Grantee, to so execute any such documents or
instruments in connection with the approval of subdivision and
development of the Servient Tenement. Grantee acknowledges that
this is a power coupled with an interest. Notwithstanding the
foregoing grant of power of attorney to Grantor, Grantee shall,
upon request of Grantor, personally execute any such document or
instrument as requested by Grantor in order to record a final
subdivision map for the Servient Tenement, or otherwise proceed
with the subdivision and development of the Servient Tenement.
6. if, as a result of any subdivision of the Servient Ten-
ement, lots are created which are not traversed by the Easement
granted herein, Grantee shall, at any time concurrently with or
after the recordation of the final map creating such unaffected
lots, upon the request of Grantor, or any successor owner of any
of such unaffected lots, release such unaffected lot or lots by
quitclaim or other instrument satisfactory to Grantor or such
successor owner.
7. This Agreement contains the entire agreement between
the parties relating to the rights herein granted. Any amendment
(H4.110/7)
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- 2138 •
or modification to this Agreement must be in writing and signed
by the party to be charged.
8. In the event of any controversy, claim or dispute re-
lating to this Agreement or the breach thereof, the prevailing
party shall be entitled to recover from the losing party reason-
able expenses, attorneys' fees and costs.
9. This Agreement shall bind and inure to the benefit of
the respective heirs, personal representatives, successors and
assigns of the parties hereto, including, without limitation,
successive owners of the Dominant and Servient Tenements.
GRANTOR: GRANTEE:
HOME CAPITAL CORPORATION, U) r .
a California corporation W a4,
WILLIAM L. STRONG, JR.
By:
11,�e,1
Tit e:
CA
4 17 SHELBY /STRONG
By: 0 G
Marg r t C. G lman
Title: As tant Secretary FIR /
GIBBONS
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
On before me, the undersigned, a Notary
Public in and for said State, personally appeared
personally known to me or proved to me on the basis of sates ac-
tory evidence to be the person who executed the within instrument
as the of the Corporation that
executed the within instrument and acknowledged to me that such
Corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF Go Pa es Le-S)
ti
On t P7 - 7/5 Iyfibefore me, the undersigned, a Notaryn
Public in and for safd State p�onally appeared G U,jA- At
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personally known to me or proved to a on the basis of satisfac-
tory evidence to be the persons whose names are subscribed to
this instrument, and acknowledged that they executed it.
WITNESS my hand and official seal.
(H4.110/7) -7-
Notary Public
CNOTARY ICIAL SEAL
L F FREDERKING
UBLIC - CALIFORNIA ANG ELES COUNTY
. expires OCT 17, 1985
25639 Narbonne Avenue, Lomita, CA 90717
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(Corporation)
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STATE OF CALIFORNIA
a Notary Public in and for said
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EXHIBIT "A"
PARCEL 1
214.1
LOTS 1, 2 AND 3 IN FRACTIONAL SECTION 17, TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 17
DISTANT THEREON, NORTH 01 048'32" EAST, 1245.00 FEET FROM THE
INTERSECTION OF THE NORTHERLY LINE OF RANCHO SANTA FE ACCORDING
TO LICENSED SURVEY MAP NO. 197 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY NOVEMBER 6, 1922; THENCE SOUTH
01 °48132" WEST, 1245.00 FEET TO SAID NORTHERLY LINE OF RANCHO
SANTA FE; THENCE ALONG SAID NORTHERLY LINE, NORTH 65 °12'37" WEST,
1180.00 FEET; THENCE NORTH 06 °04100" WEST, 265.00 FEET, THENCE
NORTH 66 052'50" EAST, 1238.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2
THAT PORTION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 1898 AND THE COLONY OLIVENHAIN, ACCORDING TO MAP
THEREOF NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 8, 1885, ALL BEING IN THE COUNTY OF SAN DIEGO,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A CORNER NO. 4 OF RANCHO SANTA FE, ACCORDING TO MAP
THEREOF NO. 1742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 28, 1922, SAID CORNER ALSO BEING THE
MOST NORTHERLY CORNER OF LOT 1 BLOCK 1, OF SAID RANCHO SANTA FE;
THENCE ALONG THE EASTERLY LINE OF LOT OR TRACT 25 OF SAID RANCHO,
NORTH 01 029'36" WEST, 250.00 FEET TO THE NORTHEASTERLY CORNER OF
LAKE VAL SERENO UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 7060,
FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING
THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG
THE EASTERLY LINE OF LOT OR TRACT 25 OF RANCHO LAS ENCINITAS,
ACCORDING TO MAP THEREOF NO. 848 TO THE NORTHEAST CORNER OF LOT OR
TRACT 25 IN THE SUBDIVISION OF SAID RANCHO LAS ENCINITAS,ACCORDING
TO MAP THEREOF NO. 848; THENCE WESTERLY ALONG THE NORTHERLY LINE OF
SAID LOT OR TRACT 25 TO ITS INTERSECTION WITH THE CENTER LINE OF
"0" STREET, IN THE COLONY OF OLIVENHAIN ACCORDING TO MAP THEREOF NO.
326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JULY 8, 1885 - THE SAID "0" STREET BEING THE STREET BOUNDING BLOCK91
OF SAID COLONY OLIVENHAIN ON THE EAST; THENCE SOUTHERLY ALONG THE
CENTER LINE OF SAID "0" STREET TO ITS INTERSECTION WITH THE CENTER
LINE OF 13TH STREET IN COLONY OLIVENHAIN BEING AN ANGLE POINT IN THE
NORTHERLY BOUNDARY OF SAID LAKE VAL SERENO UNIT NO. 2; THENCE ALONG
SAID NORTHERLY BOUNDARY SOUTH 54 021'19" EAST, 1211.35 FEET; AND
NORTH 88 030124" EAST, 275.00 TO THE TRUE POINT OF BEGINNING.
'1
;. 2142
EXHIBIT "B"
PARCEL 1
PARCEL 1 OF PARCEL MAP NO. 10014, ACCORDING TO THE MAP THEREOF
FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MAY 8, 1980,
BEING A DIVISION OF A PORTION OF PARCEL 2 OF PARCEL MAP NO. 8895,
TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 8733, BEING A PORTION
OF FRACTIONAL SECTION 16, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND A
PORTION OF LOT 4 IN BLOCK 1 OF RANCHO SANTA FE ACCORDING TO THE
MAP THEREOF NO. 1742, FILED IN THE OFFICE OF THE RECORDER OF
SAID COUNTY.
PARCEL 2
THAT PORTION OF FRACTIONAL SECTION 17, TOWNSHIP 13 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED-AS
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 17
DISTANT THEREON, NORTH 01 °48'32" EAST, 1245.00 FEET FROM THE
INTERSECTION OF THE NORTHERLY LINE OF RANCHO SANTA FE ACCORDING TO
LICENSED SURVEY MAP NO. 197 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY NOVEMBER 6, 1922; THENCE SOUTH
01 °48'32" WEST, 1245.00 FEET TO SAID NORTHERLY LINE OF RANCHO
SANTA FE; THENCE ALONG SAID NORTHERLY LINE, NORTH 65 012'37" WEST,
1180.00 FEET; THENCE NORTH 06 °04'00" WEST, 265.00 FEET; THENCE
NORTH 66 052'50" EAST, 1238.00 FEET TO THE POINT OF BEGINNING.
A.
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2143
LEGAL DSCRIPTIO`]
PRIVATE ROAD EASEXENT
A STc IP OF LAND 20.00 FEET OF UNIFORM. WIDTH OVER T°i:.T PORTION OF
LOTS 1, 2 AND 3 OF FRACTIONAL SECTION 17, TO.*INSHIP 13 SOUTH, RANGE
3 WEST, SAN BERNARDINO MERIDIA`I IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, LYING 10,00 FEET
ON F ?.CII SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID SECTION
17 WI' II THE NORTHERLY LINE OF RANCHO SANTA FE ACCORDING TO LICENSED
SURVEY MAP NO. 197 FILED IN THE OFFICE OF Till--' COUNTY RECORDER OF
SAID SAN DIEGO COUNTY ON NOVEMBER 6, 1922; THENCE ALONG SAID NORTHERLY
LINE NORTH 65 °12'37" WEST A DISTANCE OF 1180.00 FEET; THENCE LEAVING
SAID NORTHERLY LINE NORTH 06 004'00" WEST - 265.00 FEET; THENCE NORTH
66 052'50" EAST - 1205.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 23 007'10" WEST - 30.98 FEET TO THE BEGINNING OF A TANGENT. 90.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTIi:•:ESTERLY AND SOUTH-
WESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF
114 °33'47" A DISTANCE OF 179.96 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 42 019'03" WEST - 106.70 FEET TO AN ANGLE POINT; THENCE NORTH
50 017'13" WEST - 108.79 FEET TO AN ANGLE POINT; THENCE NORTH 15 023'50"
WEST - 56.62 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE NORTF- .ESTERLY AND SOUTH.ESTERLI ALONG
THE ARC OF SAID CURVE THRU A CENTRAL ANGLE; OF 118 043'04" 11 DISTANCE. OF
103.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 45 °53'06" WEST - 66,29
FEET TO AN ANGLE POINT; THENCE SOUTH 61 015'57" WEST - 319.08 FEET TO
AN ANGLE POINT; THENCE SOUTH 78 041.'35" [BEST - 144 ,.56 FEET TO AN ANGLE
POINT; THENCE NORTH 57 016'09" WEST - 4.97 FEET TO THE POINT OF TERI•IINUS
OF THIS EASEMENT.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED
AND /OR SHORTENED SO AS TO TER•IINATE IN A LINE WHICH BEARS NORTH 66`52150"
EAST THRU THE TRUE POINT OF BEGINNING AND A LINE WHICH BEARS NORTH
57 04513.8" EAST THRU THE POINT OF TER14INUS.
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EXHIBIT "C"
PAGE 2 OF 4
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EXHIBIT "C"
PAGE 2 OF 4
1
LEGAL DESCiiIPTION
OPEN SPACE EASE ENT 2145
A STRIP of LAND 100.00 FEET OF UNIFOP�f WIDTH OVER THAT PORTION
OF LOTS 1, 2 AND 3 OF FRACTIONAL SECTION 17, TO• ?.SHIP 13 SOUTH,
juu \Gf: 3 WEST, SAN BERNARDINO MERID =:,`: IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF LYI%IG 50.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID SECTION
17 WITH THE NORTHERLY LINE OF RANCHO SANTA FE ACCORDING TO LICENSED
SURVEY MAP NO. 197 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY ON NOVEMBER 1, 1922; THENCE ALONG SAID
NORTHERLY LINE NORTH 65 012'37" WEST A DISTANCE OF 2806.98 FEET T4
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE OF
RANCHO SANTA FE NORTH 68 030'28" EAST- 683.97 FEET; THENCE SOUTH
41 023'28 "' EAST- 504.84 FEET; THENCE SOUTH 89 °22'10" EAST- 471.68 FEET;
THENCE NORTH 57 045'38" EAST- 386.30 FEET; THENCE NORTH 42 °01'34"
EAST- 460.25 FEET TO A P01NT IN THE NORTH LINE OF SAID SECTION 17,
DISTANT THEREON NORTH 84 034'17" WEST-522.66 FEET FROM THE NORTHEAST
CORNER THEREOF, SAID POINT BEING THE POINT OF TER;4INUS OF THIS
EASEMENT.
THE SIDELINES OF SAID 100.00 FOOT STRIP OF LAND ARE TO BE LENGTHENED
AND /OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN TilE NORTHERLY LINE
OF RANCHO SANTA FE AND NORTHERLY IN TriE NORTHERLY LINE OF SAID
SECTION 17.
EXHIBIT "C"
PAGE 3 OF' 4
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EXHIBIT "C"
PAGE 4 OF 4
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