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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- M 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- o 2136 ' 1 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 +�` I WA 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- r 213i � 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) -5- 0 - 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 (H4.110/7) Jet, C, I Cj a,_+r:- i All C U, r _off J �F dt, ql, u� . , . 11 :.IFFn.F. rti n.3,1° 3 (H4.110/7) Jet, C, I Cj a,_+r:- i All C U, r _off J �F dt, ql, s 0 A 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 d� �C 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 AM y 0 low 1 J e WITNESS } o J.. Seir�'h}'�icwa il.' h W' Signaut y (•� r Name (Typed or Printed) i� OFC -2058 4 1 i 2140 (Corporation) SS, STATE OF CALIFORNIA a Notary Public in and for said t Y t ned, a tember 2 5tatu, personally appeared K ration that e an t and.. �t14°P" c1Ft K °on t . " T i acknowledged to me laws or � IN hand and official s lqf fpm x 1 i 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. I ZU law 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. i f r ti EXHIBIT "C" PAGE 2 OF 4 dF 2144. to 1> r - In. - C;w ct tx Es J vl DO ZV ti 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 A_ r, 2146 I M I� \ to N � gti, rn i Fri rri o w 56 .off \ � rVV �.\ \ \ e O EXHIBIT "C" PAGE 4 OF 4 7 r