1985-492646. •' Retumft
F
I7r. ICen Snyker
245 Chapalita Dr.
Encinitas, Ca. 92024
0. 2093
85- 492646
ISM DEC 30 AM II: 18
LVERA L. LYLE
COUNTY RECORDER J
RF IO
AR
DOCUMENTARY TRANSFER TAX
EASEMENT AGREEMENT
This Easement Agreement is made this 10' day of
1985 by and between PACIFIC RANCH HOMEOWNERS ASSOCIATION, a
California nonprofit corporation ( "Grantor "); and KENNETH R. SNYKER
and ELIZABETH C. SNYKER, husband and wife; GABOR REH and ILONA REH,
husband and wife ( "Grantees "). [The terms "Grantor" and "Grantee"
shall include their respective heirs, successors and assigns].
R E C I T A L S
WHEREAS, Grantor is the record owner of certain real property
described as follows:
Lots 91 through 95 inclusive of COUNTY OF SAN
DIEGO TRACT 4328, in the County of San Diego,
State of California, according to Map thereof
No. 10818, filed in the Office of the County
Recorder of San Diego County on January 12,
1984.
which property constitutes common area of Grantor
( "Servient Tenement "); and
WHEREAS, Grantees Kenneth R. Snyker and Elizabeth C. Snyker, as
husband and wife, jointly own an undivided one -half interest in, and
Gabor Reh and Ilona Reh, as husband and wife, jointly own an undivided
one -half interest in, certain real property described as follows:
The East Half of the East Half of the South
Half of the East Half of the Southwest
Quarter of the Southwest Quarter; and the
East 5.095 feet of the West Half of the East
Half of the South Half of the East Half of
the Southwest Quarter of the Southwest
Quarter, all in Section 24, Township 13
South, Range 4 West, San Bernardino Meridian,
in the County of San Diego, State of
California, according to Official Plat
Thereof.
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EXCEPTING from said East Half of the East
Half of the South Half of the East Half of
the Southwest Quarter of the Southwest
Quarter the West 74.905 feet of the South
200.00 feet thereof.
AND EXCEPTING from said East 5.095 feet of
the West Half of the East Half of the South
Half of the East Half of the Southwest
Quarter of the Southwest Quarter the South
200.00 feet thereof.
which property (hereinafter referred to as the "Dominant Tenement ")
adjoins and abuts the Servient Tenement along a common boundary; and
WHEREAS, Grantees desire to secure an easement for ingress and egress
to and from their Dominant Tenement over a certain portion of the
Servient Tenement; and
WHEREAS, the granting of such an easement will greatly benefit and
enhance the Dominant Tenement; and
WHEREAS, Grantor through its Board of Directors, has approved the
granting of the desired easement subject to all of the conditions and
restrictions set forth,�elow at a duly constituted meeting held on
the !91"` day of /y6*e4444e4.. , 198 S after first obtaining
approval of the easement from the members of Pacific Ranch Homeowners
Association at a duly constituted meeting of the homeowners held on
the __c2q"Pk_ day of 0,� , 198
NOW, THEREFORE, for and in consideration of the recitals contained
herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and subject to the covenants
and conditions set forth herein, Grantor does hereby convey into
Grantees, their heirs, successors, and assigns the following easements:
1. Easements over, upon, under, and across a portion of Real
Property described below-and illustrated on Exhibit "A" attached hereto:
1.1 The Westerly 30 feet of Lot 92 and the
Southerly 107.99 feet of the Westerly 30 feet
of Lot 93, inclusive, of the County of San
Diego Tract No. 4328, in the County of San
Diego, State of California, according to Map
thereof No. 10818, filed in the Office of the
County Recorder of San Diego County, January
12, 1984.
1.2 A strip of land 52.00 feet in width, the
centerline being described as follows:
Commencing at the Northwest corner of said
Lot 92; thence along the Northerly boundry of
said Lot 92 North 890 54' 13" East 36.87
feet, thence North 590 41' 39" East 26 feet to the
i
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True Point of Beginning. Being also a point
on 150 radius curve concave Northeasterly,
having a radial that bears South 590 41'
39" West to said point; thence Southeasterly
along said curve through a central angle of
470 41' 21" an arc distance of 124.85 feet
to the beginning of a reverse curve concave
Southwesterly having a radius 150 feet;
thence, Southeasterly and Southerly along
said curve through a central angle of 910
44' 50" an arc a distance of 240.19 feet to
the beginning of a reverse curve concave
{'d
Westerly having a radius of 150 feet, thence,
Southerly and Southeasterly along said curve
through a central angle of 570 00' 03" an
arc distance of 149.23 feet, thence South
430 14' 56" East 4 feet.
1.3 A strip of land 60 feet in width, the
Northerly line of said strip being described
=r'
as follows:
h
Beginning at the Northwesterly corner of said
"k.
r.
Lot 92, thence along the Northerly boundary
of said Lot 92 North 890 54' 13" East 36.87
feet, thence North 590 41' 39" East 26 feet.
2. Said easements shall be for the limited and non - exclusive
purposes of:
(a) Ingress and egress; and
(b) Installation and maintenance of utilities, including but
not limited to, sewer, water, electrical, natural gas, telephone
and cable television.
(c) Making improvements to the Easements, including, but not
limited to, landscaping and paving.
3. Pacific Ranch Homeowners Association reserves for itself the
right to use the Easements for purposes of (i) access, (ii) making
improvements to the Easements, including, but not limited to, landscaping
and paving, and (iii) maintaining the Easements or the improvements
thereto, provided:
3.1 Such does not unreasonably interfere with the Grantee's use
of the Easements;
3.2 Pacific Ranch Homeowners Association restores the Easements
to the condition it was in prior to such use by Pacific Ranch
Homeowners Association, and
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3.3 All of said improvements are made at Pacific Ranch
Homeowners Association's sole cost and expense.
4. Pacific Ranch Homeowners Association reserves the right to
relocate the Easements, provided (i) Grantee is able to make
substantially the same usage of the relocated easements as the Easements
granted herein and (ii) Pacific Ranch Homeowners Association bears all
costs incurred in relocating the Easements.
5. Said easement is and shall be appurtenant to, and for the
benefit of the present and future owners of, the real property in the
County of San Diego, State of California, referred to herein as the
Dominant Tenement.
THE EASEMENT CONVEYED HEREIN IS EXPRESSLY MADE SUBJECT TO THE CONDITIONS
AND RESTRICTIONS SET FORTH BELOW TO WHICH GRANTEES, AND EACH OF THEM, DO
HEREBY COVENANT AND AGREE ON BEHALF OF THEMSELVES, THEIR SUCCESSORS,
HEIRS, AND ASSIGNS IN INTEREST TO THE DOMINANT TENEMENT AND WHICH SHALL
CONSTITUTE COVENANTS RUNNING WITH THE TITLE TO THE DOMINANT TENEMENT AND
ANY PORTION THEREOF, AND WHICH SHALL INURE TO THE BENEFIT OF THE SERVIENT
TENEMENT.
1.
The easement shall be used only for the purposes provided for herein.
0
As of the date of this Agreement, there are three one -half (1/2) acre
lots on the Dominant Tenement ( "Lots "). None of these Lots shall be
split, divided, or subdivided for sale, resale, gift, transfer, lease,
refinance, or any other purpose at any time in the future.
3.
None of the Lots on the Dominant Tenement shall be used for any
purpose other than the construction of a single - family residence. No
buildings shall be erected, altered, placed or permitted to remain on any
Lot other than one single - family residential dwelling, together with an
attached or detached private garage(s), carport(s), guest house(s) and /or
other customary appurtenances.
4.
No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, or other out building shall be used in any Lot at
any time as a residence, either temporarily or permanently; nor shall any
prefabricated, preconstructed, or used building be set or moved upon any
Lot, except as may be required by Grantees or their agents, employees or
representatives, during the development of the Lots.
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5.
The Dominant Tenement, and each of the Lots therein, shall remain
zoned as single - family one -half acre residential lots only, and Grantees,
their heirs, successors, and assigns shall not attempt in any manner
whatsoever to obtain a change in zoning of any of the Lots to permit any
use of the Lots other than for single- family residential dwellings on
one -half acre lots.
6.
This Easement shall be non - exclusive, and Grantor reserves to itself,
its agents, representatives, and employees, as well as to its individual
homeowner members, their tenants, guests and invitees, the right to
continue to use this Easement for any purpose which is not prohibited by
law, the Declaration of Covenants, Conditions and Restrictions, Articles
of Incorporation or Bylaws for Pacific Ranch Homeowners Association, or
any instruments, including this Easement Agreement, which affect the
right to use of the Servient Tenement.
7.
Grantees, their heirs, successors, and assigns shall indemify and
hold harmless the Grantor, its Board of Directors, homeowners, agents,
employees and representatives for any claims or causes of action which
may arise out of the granting of this Easement by Grantor or the use
thereof by Grantees.
8.
If Grantees cause damage to the Easement or to the surrounding real
property or improvements thereon owned by Grantor or its homeowners and
members, Grantees shall repair and restore the property damaged at their
sole expense.
9.
The liability of Grantees under this Easement Agreement shall be
joint and several.
10.
In the event that any Lot on the Dominant Tenement shall be split,
divided or subdivided, or shall be rezoned for a use other than, or in
addition to, single - family residential purposes, such splitting,
dividing, subdividing or rezoning shall extinguish this Easement as to
all Grantees.
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11.
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0. 2098
M
This Easement Agreement shall constitute the only basis upon which
Grantees shall have the right to use of the easements granted herein.
Neither this Agreement, nor its use by Grantees, nor any other facts and
circumstances surrounding the Dominant Tenement, shall create any
additional Easement rights for Grantees. Any extinguishment of this
Easement Agreement shall extinguish all rights of the Grantees to use the
Easements granted herein.
12.
This instrument shall bind and inure to the benefit of the respective
heirs, personal representatives, successors and assigns of the parties
hereto.
13.
This instrument contains the entire agreement between the parties
relating to the rights herein granted and the obligations being assumed.
Any oral representation or modifications concerning this instrument shall
be of no force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
14.
In the event any limitation, restriction, condition, covenant, or
provision contained herein is held to be invalid, void, or unenforceable
by any court of competent jurisdiction, the remaining portion of this
Agreement shall remain in full force and effect.
15.
In the event of any controversy, claim, or dispute relating to this
instrument or the breach thereof, the party who prevails in any judgment
or settlement of the dispute through trial, arbitration or other means,
shall be entitled to recover from the losing party reasonable expenses,
including attorneys' fees, and costs.
(continued)
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2090
IN WITNESS WHEREOF, the parties hereto have executed this instrument
' t'hb day and year first above written.
GRANTOR:
Pacific Ranch Homeowners Association
By: I i�cv�_ v %t ��pvztilf e
PrXsid�ri
ATTEST: ��JJ
1
Vice resident
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On December &, 1985, before me, the undersigned, a Notary
Pub i i an fQ9r said State, personally appeared
/j`jj�s , personally known to me or proved to
me on the basis of satisfactory evidence to be the person who
executed the within instrument as the President, and
�� w/r , personally known to me or proved to on the
l`basis of satisfactory evidence to be the person who executed the
within instrument as the Vice President of the corporation that
4 executed the within instrument and acknowledged that they executed
the same.
WITNESS my hand and official seal.
0068A:3162G
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IlonaReh
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N D. BERG
=ONGBERG
NGTTYRNIA
TY
Notar Public n a for
y
My C 24,1989
said State
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0068A:3162G
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IlonaReh
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CAT. No. NNO0627
TO 1944CA(I-83)
1.0 0 TICOR TITLE INSURANCE
(Individual) 2
STATE OF CALIFORNIA
COUNTY OF San Diego
Dec. 16, 1985
On
before me, the undersigned, a Notary Public in and for
w. said State, personally appeared Kemeth R. Snyker, Gabor HeK and Ilona Reh
XW
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proved to me on the basis of satisfactory evidence to be
the person-%- whose name __s_ajf_, subscribed to the CIAL SEAL
GFF1
within instrument and acknowledged that
_t11eY_ exe-
cuted the same. NIAUENA DA; LY
WITNESS my hand and official seal. Pril-1pnI c1fice Id
S:!n MZ]73 cc..Inty
My COMM. Exp. Jail), 9, 1989
Signaturq������
(This area for official notarial seal)
INDIVIDUAL ACKNOWLEDGMENT
STATE OF CALIFORNIA
San Diego SS, %fland T"We Company
COUNTY OF
On -before me, the undersigned, a Notary Public in and for said Star
C- qnykL-r
personally appeared *
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personally known to me (or proved
-Lj to me on the basis of satisractor� evidePce), to be the person(s) whose name is subscribed to this instrument, and acknowledged
th.L_�he executed the Same.
WITNESS my hand and official seal.
0,171CIAL SEAL
EILLIE L. SQH
AFER
Signature (q0tary Public.ca
Ilj lifcrnia
Principa! Office in
u. San mLgo County
C0111
M- E:(P- Sept, 25, 1987
Name (Typed or Printed)
F— C-B
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