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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. ��37/�� 2094 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 -2- E L 2095 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 -3- 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. -4- 0 2037 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. -5- __ _ "' W 11. ■ 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) -6- s } s4 Y t 4 R 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 101101:-�ffu G 16 or Re / \I',- / IlonaReh -7- w -4 L N D. BERG =ONGBERG NGTTYRNIA TY Notar Public n a for y My C 24,1989 said State i'1 n 0068A:3162G 101101:-�ffu G 16 or Re / \I',- / IlonaReh -7- w -4 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 A L 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 * 9F_ W 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 _I