1990-302535This document is being recorded by
First American Title Insurance Co. as
an accommodation only. It has not
been examined as to execution or
RECORDING REQUESTED BY AND 1851
WHEN RECORDED MAIL TO:
Barratt American Incorporated
15373 Innovation Drive, Suite 300
San Diego, California 92128
Attn: Michael Rust
1`490.J 0 2 5 35
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90 JUN -4 PH 3:40
,IEPA L. LYLP
COLni, F- �rvR'1FF
10101 - m
Assessor's Parcel Numbers: 264 - 020 -6; 264- 020 -7; 264 - 020 -8; and 264020 -10.
This document does not grant,
property within the meaning of Section 11811
and hence NO DOCUMEIgARY�TA� L
The real Vroperty is located in
of California.
assign, transfer, convey or vest title to real
of the California Revenue and Taxation Code,
SUE.
- F-A�'�O .
the City of Encinitas, County of San Diego, State
GRANT OF EASEMENT
Preamble
THIS GRANT OF EASEMENT (the "Grant") is made on MAY 31,
1990 by Barratt American Incorporated, a Delaware corporation ( "Grantor "), in favor of
Virginia S. Perkins, trustee, and Virginia L. Perkins, successor trustee, of the Perkins 1977
Family Trust under Trust Agreement dated December 5, 1977 ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property described on
Exhibit "A" attached hereto I (the " Servient Tenement ").
B. Grantee is the owner of that certain real property described on
Exhibit "B" attached hereto (the "Property").
C. Grantor intends to record a final map for the Servient Tenement,
subdividing the Servient Tenement into separate legal lots. Grantor contemplates that the
Servient Tenement will then be developed for single family homes, and that a homeowners'
association (the "Association ") will be created to govern the use of and maintain the Servient
Tenement, including the private streets therein.
D. As a condition to the recordation of the final map, Grantor herein grants
to Grantee an easement in gross over the Servient Tenement for ingress and egress, which will
be for personal use only and which will benefit only Grantee, and an easement for emergency
access appurtenant to the Property, which will benefit the entire Property.
E. Both easements are located upon one of the lots and over private roads
within the Servient Tenement. It is Grantor's desire that the easements granted herein only
burden the lots upon which the easements are located, but the legal descriptions of those lots
will not be known until after the final map is recorded. Therefore, this Grant provides that the
entire Servient Tenement is to be burdened by these easements until the final map is recorded,
at which time Grantor shall have the unilateral right to amend this Grant by replacing the legal
descriptions of the Servient Tenement and the easements attached hereto with the legal
descriptions of those individual lots over which the easements are located.
Grant
GRANTOR HEREBY GRANT'S TO GRANTEE (i) the nonexclusive easement
in gross hereinafter described (the "Personal Use Easement "), and (ii) the nonexclusive
appurtenant easement hereinafter described (the "Emergency Access Easement ").
PERSONAL USE EASEMENT
1. The Personal Use Easement is an easement in gross, is not assignable and
does not run with the Property.
sd64\ vde \barratt \eneinitas \easmt2.agt
1852
2. The Personal Use Easement is located upon, over and across that portion
of the Servient Tenement described on Exhibit "C" attached hereto (the "Easement "). Lying
within the Easement and extending the length of the Easement is a ten (10) foot wide horse
trail which is required by the City of Encinitas as a condition to the final map on the Servient
Tenement.
3. The Personal Use Easement is not exclusive.
4. The Personal Use Easement is for the purpose of Grantee's ingress and
egress to and from the Property. The scope of the Personal Use Easement shall be limited by
the requirement that (i) Grantee must abide by all rules regarding use and maintenance of the
Servient Tenement promulgated by Grantor and /or any homeowners' association hereafter given
the right to govern the use of, or the obligation to maintain, the Servient Tenement, and
(ii) Grantee must not disturb or interfere with the privacy, right to quiet possession, right to the
use of road(s) or horse trail(s) within or in the vicinity of the Easement or any other rights of
the owners, residents and guests of the Servient Tenement, or create any nuisance, whether by
noise or otherwise, at any time while upon the Servient Tenement. In the event that Grantee's
use of the Personal Use Easement exceeds this scope, the Personal Use Easement shall
automatically terminate, and any owner of any portion of the Servient Tenement shall be
entitled to bring suit to quiet title and extinguish this Grant from the record.
5. The Personal Use Easement is being granted to Grantee for use only by
the occupants and guests of the one (1) single family residence currently existing on the
Property and its use shall not be increased beyond that which is reasonably necessary to provide
access to such single residence, notwithstanding any future subdivision of the Property. In the
event that Grantee overburdens the Personal Use Easement by any use of the Personal Use
Easement materially greater than the typical use by a single family residential homeowner, the
Personal Use Easement shall automatically terminate, and any owner of any portion of the
Servient Tenement shall be entitled to bring suit to quiet title and extinguish this Grant from
the record.
6. The use of the Personal Use Easement is conditioned upon the payment
by Grantee of its proportional share of the maintenance costs for the private roads within the
Easement assessed to homeowners by Grantor or the Association, where Grantee will be
assessed the same amount as any owner of a single family residence on the Servient Tenement.
If Grantee fails to make such payments to Grantor or the Association when due, this Easement
shall automatically terminate, and any owner of any portion of the Servient Tenement shall be
entitled to bring suit to quiet title and extinguish this Grant from the record.
Easement.
EMERGENCY ACCESS EASEMENT
7. The Emergency Access Easement is appurtenant to the Property.
S. The Emergency Access Easement is located upon, over and across the
9. The Emergency Access Easement is not exclusive.
10. The Emergency Access Easement is for the purpose of ingress and egress
to and from the Property by emergency vehicles and for emergency purposes only.
11. Grantor shall grade the portion of the Emergency Access Easement
within lot 17 of proposed Tentative Map Tract 4400 to a width of approximately thirty-two (32)
feet, which graded area will include the horse trail. Except for such grading, Grantor shall have
no obligation to grade, construct, install, widen, obtain approval for or otherwise be responsible
for any road improvements which may become appropriate or required, in whole or in part, as a
result of Grantee's use of the Personal Use Easement or the use of the Emergency Access
Easement by emergency vehicles.
12. Grantee shall be entitled to improve the graded area of the Emergency
Access Easement, except for the horse trail, that lies within lot 17 of Tentative Map Tract 4400,
but only if (i) Grantee obtains the prior written approval of the nature and method of such
sd64\ vde \barratt \eneinitas \easmt2.agt
1853
improvements by the Encinitas Fire Department and Grantor, (ii) Grantee agrees to maintain
any such improvements, at Grantee's cost and at no cost to Grantor, by a maintenance
agreement in all respects satisfactory to Grantor, and (iii) Grantee agrees to reimburse Grantor
or its successor and the Alsociation for any damage Grantee causes to any facilities or property
on or about the Servient Tenement, including, without limitation, roads, gates, fences, and
landscaping.
GENERAL PROVISIONS
13. Grantor shall retain full use of all portions of the Servient Tenement,
including without limitation, the right to landscape the area not graded by Grantor and the right
to convey nonexclusive easements for public and private purposes. Grantor retains the right to
dedicate the Easement to public use without necessity of further consent or documentation.
14. After the final map for the Servient Tenement is recorded, Grantor shall
have the unilateral right to execute and record an amendment to this Grant which will amend
the legal descriptions of the Servient Tenement and the Easement to reflect the post -final map
legal descriptions of the lots upon which the Personal Use Easement and the Emergency Access
Easement are intended to be located, such that only those lots will be burdened by the
easements herein. The Amendment shall not materially alter the location of the Personal Use
Easement and the Emergency Access Easement.
15.
The
Emergency Access
Easement shall automatically terminate as soon as
any other secondary
route
to the Property for
emergency access becomes available.
16. This shall bind and inure to the benefit of Grantor and Grantee and their
successors and assigns, except as limited by the restriction above on Grantee's assignment of the
Personal Use Easement, which shall not run to or benefit successors of Grantee.
IN WITNESS WHEREOF, Grantor has executed this Grant as of the day and
year first above written.
GRANTOR:
Barratt American Incorporated,
a Delaware corporation
By:
ACKNOWLEDGEMENT
Ct3:��•.i!
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On MAY 31, 1990 1990 before me, the undersigned, a Notary Public in and for
said State, personally appeared JOSEPH E. TRACY 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 Senior Vice Presidentof BARRATT AMERICAN
INCORPORATED, a Delaware corporation, the corporation that executed with within
instrument, and acknowledged to me that such corporation executed the within
instrument pursuant to its by -laws or a resolution of its board of directors.
WPINFSS my hand and official seal. OFFICIAL SEAL
_ PATRICIA L. BEVIL
�// /) Notary Public- Calilomia
Signature y'/) Ais /n,7�%L/_�J o� •, +,^ SAN DIEGO COUNTY
PATRICIA L. BEVIL My Comro. Exp. Mar. 31,1992
sd64 \vde\barratt \e initas \easmt2.agt
1854
:4.tl: r WN
Description of the Servient Tenement
Parcels 1
through 4 of Parcel Map
9156, recorded
in the Official Records of the County
Recorder
of San Diego County on
September 20,
1979.
EXHIBIT "A"
1855
EXHIBIT 'B"
Location of the Prooerty
Parcels i
through 6 of Parcel Map
11725, recorded in
the Official Records of the County
Recorder
of San Diego County on
October 14, 1981.
sd64 \vde \barratt \e initas \easmt2.agt EXHIBIT "B"
1856
EXHIBIT "C"
Description of Easement
A 40.00 FOOT STRIP OF LAND ACROSS PARCEL MAP 9156; IN THE CITY OF
ENCINITAS; COUNTY OF SAN DIEGO; STATE OF CALIFORNIA AS PER MAP
RECORDED SEPTEMBER 20, 1979 AS FILE NO. 79- 394359 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. THE CENTERLINE OF SAID STRIP
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL
MAP NO. 9156; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3 NORTH
00419937" WEST, 7.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH
59 003146" EAST, 316.64 FEET TO THE BEGINNING OF A TANGENT 1200.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 °42'21 "2 A
DISTANCE OF 580.27 FEET TO THE BEGINNING OF A REVERSING 1200.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 31 059'06",
A DISTANCE OF 669.89 FEET TO THE BEGINNING OF A REVERSING 300.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
44002'45 "1 A DISTANCE OF 230.62 FEET TO THE BEGINNING OF A REVERSING
300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC
OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 56 034'57 ", A
DISTANCE OF 296.27 FEET TO THE BEGINNING OF A NON - TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO
SAID CURVE BEARS SOUTH 86 048927" WEST; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09028147', A DISTANCE
OF 82.73 FEET, THENCE NORTH 06 °17'14" EAST, 390.76 FEET TO THE BEGINNING
OF A 500.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 63'44'58" A DISTANCE OF 556.32 FEET; THENCE NORTH 57 °2744" WEST
171.84 FEET; THENCE NORTH 40 °02121" EAST 227.65 FEET TO THE BEGINNING OF A
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 112.21 FEET THROUGH A
CENTRAL ANGLE OF 64 01713'; THENCE NORTH 24 °15'12" WEST 18.77 FEET TO THE
NORTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 9156 AND THE POINT
OF TERMINUS. SAID POINT OF TERMINUS IS 670.69 FEET EASTERLY OF THE
NORTHWEST CORNER OF SAID PARCEL 2.
THE SIDELINES OF SAID STRIP TO BE EXTENDED OR SHORTENED TO
INTERSECT THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL MAP.
sd64\ vde \barratt \encinitas \easmt2.agt I EXHIBIT C'