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::: COMMUNITY NEWS Text
of easement agreement
Published Thursday, May 15, 2003 RECORDING
REQUESTED BY Chicago Title Insurance Company
This Grant of Easements Agreement ("Easement Agreement") is made as of this ____ day of ___________, 2003, between RANCHO MURIETA ASSOCIATION, a California nonprofit mutual benefit corporation ("Rancho Murieta Association"), and RANCHO NORTH PROPERTIES LLC, a California limited liability company ("Rancho North"), The Rancho Murieta Association and Rancho North are referred to herein collectively as the “Parties”. RECITALS This Easement Agreement is made with respect to the following facts. A. Rancho Murieta is a common interest residential development located in the unincorporated area of Sacramento County, California, and consists of the land included within the Rancho Murieta Planned Development Ordinance. B. The Rancho Murieta Association is an association, as defined in Civil Code Section 1351(a), created under and governed by the Declaration (defined in Section 1.02, below). The Rancho Murieta Property (defined in Section 1.12, below) has been annexed to Rancho Murieta Association. Rancho Murieta Association owns, manages and maintains the Recreational Facilities, as defined in Recital C, below. C. Rancho Murieta Association currently owns the following facilities, hereafter referred to as the “Recreational Facilities,” located in the unincorporated area of Sacramento County, California. (i) The lakes and reservoirs described in Sections 7(a), 7(b), 7(c), 7(d) and 7(e) of the Declaration. (ii) All facilities described in the Park Matrix contained in the Park Development Agreements (defined in Section 1.08, below), as such matrix exists on the date of this Easement Agreement. Certain Park Sites and park areas were conveyed by Rancho North to the Rancho Murieta Community Services District and from the Rancho Murieta Community Services District to the Rancho Murieta Association on the same day this Easement Agreement was Recorded. (iii) Any and all Recreational Facilities in the Common Areas of Rancho Murieta that are constructed, owned, operated and maintained by the Rancho Murieta Association at any time following the date of this Easement Agreement. All the Recreational Facilities are part of the Association Common Facilities (as defined in the Declaration) of the Rancho Murieta Association. Rancho North is the owner of the Rancho North Property (as defined in Section 1.14, below), which consists of undeveloped residential property north of the Cosumnes River. E. Contemporaneously with the Recordation of this Easement Agreement, Rancho North and the Rancho Murieta Association have executed and Recorded the Mutual Benefit Agreement (as defined in Section 1.06, below). This Easement Agreement is the Grant of Easements Agreement referred to in Section 1.10 of the Mutual Benefit Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other consideration, receipt of which is acknowledged, and expressly for the benefit of and to bind the respective successors in interest of the parties hereto, the foregoing recitals being incorporated herein, the parties agree as follows: ARTICLE I As used herein, the following terms shall have the following meaning: Section 1.01. “Common Areas” and “Common Facilities”, shall have the meanings set forth in Article I, Sections 6 and 7 of the RMA Declaration on the date this Easement Agreement is Recorded and shall include any Common Areas and Common Facilities that become part of the Rancho Murieta Property after the date this Easement Agreement is Recorded. Section 1.02. “Gated Community” means any Subdivision Phase of the Rancho North Property that is developed as a subdivision which includes private streets and a private gated entry which is intended to restrict access to homes in the subdivision to the owners of those homes, their guests, contractors, and invitees. Section 1.03. “Improved Roads" means all roads and streets, together with any adjacent pedestrian and bicycle walks and paths, in Rancho Murieta now, existing or hereafter, created that are shown on a Recorded Subdivision Map for any portion of Rancho Murieta and that have been improved so that they are reasonably usable for their intended purpose. The term “Improved Roads” shall not include any roads within a Gated Community. The Improved Roads existing on the date this Easement Agreement is recorded are described on Exhibit “A”. Section 1.04. “Lot” means any parcel of real property designated by a number on any Subdivision Map for any portion of the Rancho North Property and intended for residential use and development, excluding any common area and any open space parcel that may be designated as a lot on a Subdivision Map. Section 1.05. “Lot Owners”, “Owner” and “Owners” means any person, firm, corporation or other entity that owns a fee simple interest in any Lot in the Rancho North Property. Lot Owners shall be members of the Rancho North Association with jurisdiction over the Owner’s Lot. Section 1.06. "Mutual Benefit Agreement" means the agreement, entitled "Mutual Benefit Agreement," between Rancho North and the Rancho Murieta Association Recorded on the same day as this Easement Agreement is Recorded. Section 1.07. “Park Development Agreements” means (1) the Park Development Agreement-Dated as of September 19, 1990 (recorded Nov. 8, 1990 at page 720) by and among Rancho Murieta Association and Winncrest Homes, Inc., F.N. Projects, Inc. and N.T. Hill, Inc. and Rancho Murieta Community Services District; (2) the Park Development Agreement-Dated as of February 20, 1991 (recorded Feb. 21, 1991 at page 1274) by and among Rancho Murieta Association, RMPI, CBC Builders and SHF Acquisitions and (3) the Park Development Agreement-Dated as of June 28th 1991 (recorded Nov. 25, 1991, at page 1295) by and among Rancho Murieta Association, the District and First Interstate Bank of California, a California corporation, as Corporate Co-Trustee for Pension Trust Fund for Operating Engineers. Section 1.08. “Park
Sites” means the real property conveyed to Rancho Murieta
Community Services District and from Rancho Murieta Community Services
District to Rancho Murieta Association under the grant deeds recorded
concurrently with the recordation of this Easement Agreement in
the official records of Sacramento County, California, consisting
of Calero Park (3.144± acres) and Clementia Lakeside Park
(9.474± acres. In addition, Rancho North conveyed Murieta
Parkway Park (11.034± acres) to the Rancho Murieta Community
Services District under a grant deed recorded concurrently with
the Recordation of this Mutual Benefit Agreement in the official
records of Sacramento County, California, without any limitation
that such property become part of the Common Area of Rancho Murieta
Association. Rancho Murieta Community Services District conveyed
the Murieta Parkway Park to Rancho Murieta Association about the
day this Easement Agreement was Recorded. Murieta Parkway Park shall
become a Park Site within the meaning of this Section 1.08 unless
Rancho Murieta Association, at its sole election, exchanges Murieta
Parkway Park for other property. If such an exchange occurs, the
other property shall become a Park Site within the meaning of this
Section 1.08. The Stonehouse Park site (26± acres) conveyed
by Rancho Murieta Community Services District to Rancho Murieta
Association about the same day this Easement Agreement was Recorded
is a Park Site within the meaning of this Section 1.08. Murieta
South Park (7.57± acres) and the Murieta South Remote Park
(1.87± acres) will become Park Sites, as described in this
Section 1.08, when conveyed to Rancho Murieta Association in accordance
with the Park Development Agreements. Section 1.10. “Rancho Murieta North Association” means an association, as defined in Civil Code Section 1351(a), composed of all of the Lot Owners within any Subdivision Phase of the Rancho North Property. Section 1.11. “Rancho Murieta Planned Development Ordinance” means the ordinance adopted by the Sacramento County Board of Supervisors entitled “Rancho Murieta Planned Development Ordinance”, which Ordinance is numbered for reference purposes as Ordinance No. 77-PD-10. Section 1.12. “Rancho Murieta Property” shall have the same meaning as the term “Rancho Murieta,” as that term is defined in Article I, Section 31, of the RMA Declaration. Accordingly, the term refers only to that portion of Rancho Murieta that is subject to the RMA Declaration, including any property that is annexed to the Rancho Murieta Property after the date of this Easement Agreement. The term “Rancho Murieta Property” does not include any real property that has not been annexed to the RMA Declaration and the jurisdiction of the Rancho Murieta Association, except Recreational Facilities, Park Sites, Parks Access Easements and the trail system described in the Park Development Agreements located in areas of Rancho Murieta that are not annexed to the Rancho Murieta Association. On the date of this Easement Agreement, none of the Rancho North Property is part of the Rancho Murieta Property. Section 1.13. “Rancho North Associations” is a collective term which means and refers to the Rancho Murieta North Association and any other association (as defined in Civil Code Section 1351(a)) with jurisdiction over any portion of the Rancho North Property that is not annexed to the Rancho Murieta North Association pursuant to the New Master Declaration. Section 1.14. “Rancho North Property” means the real property more particularly described in Exhibit “B”. In addition, the term Rancho North Property includes any other property annexed to a Rancho North Association at any time after this Easement Agreement is Recorded. Any such subsequently annexed property shall have and enjoy the same easement rights granted to the Rancho North Property pursuant to Section 2.02, below, and the definition of Intended Beneficiaries set forth in Section 2.03(b), below, shall apply to the subsequently annexed property. Section 1.15. “Record”, “Recording”, “Recorded” and “Recordation” mean with respect to any document, the recording or filing of the document in the Official Records of Sacramento County, California. Section 1.16. “RMA Declaration" means the Second Restated Declaration of Covenants, Conditions and Restrictions of Rancho Murieta recorded on September 26, 1996 as Instrument No. 1996092661353 and re-recorded on February 10, 1998 as Instrument No. 199802100773, as amended by the First Amendment of Second Restated Declaration of Covenants, Conditions and Restrictions recorded on February 13, 1998 as Instrument No. 199802130883, in the Official Records of Sacramento County, California, and as the same may be further amended from time to time; provided, however, that in the event any subsequent amendment of the RMA Declaration is in conflict with this Easement Agreement, the terms of this Easement Agreement shall prevail. Section 1.17. “Subdivision Map” means a final subdivision map for any portion of the Rancho North Property. Section 1.18. Any other capitalized terms used in this Easement Agreement that are not defined in this Article I or elsewhere in this Easement Agreement, shall be as defined in the Mutual Benefit Agreement. ARTICLE II Section 2.01. Grant of Easements by Rancho North. Subject to the provisions of this Easement Agreement and except as otherwise expressly provided in Section 2.04, below, with respect to Gated Communities, Rancho North grants to the Rancho Murieta Association for the benefit of, and appurtenant to, the Rancho Murieta Property nonexclusive perpetual easements for vehicular, bicycle and pedestrian ingress and egress in, over and across all Improved Roads now existing or hereafter created within the Rancho North Property. Section 2.02. Existing Rights; Grant of Easements by Rancho Murieta Association. Rancho Murieta Association acknowledges, agrees and confirms that the Pension Trust Fund for Operating Engineers historically possessed the right of ingress, egress, passage, and access to the current and future Improved Roads, Park Sites and bicycle paths located within the Rancho Murieta Property since the date the Unit 1 map for the Rancho Murieta Property was recorded and the roads within that unit were conveyed to Rancho Murieta Association, such rights arising out of the Rancho Murieta Planned Development Ordinance, the subdivision maps recorded for the Rancho Murieta Property, including the Unit 1, 2, 3, 3A and 4 subdivision maps, and the development activities of Pension Trust Fund for Operating Engineers and Rancho Murieta Properties, Inc. Rancho Murieta Association further acknowledges, agrees and confirms that those rights historically held by Pension Trust Fund for Operating Engineers are appurtenant to the Rancho North Property and the golf course property and that Rancho North has succeeded to and possesses those rights appurtenant to the Rancho North Property by virtue of its ownership of that land. The rights currently held by Rancho North will be automatically conveyed and transferred to the future owners of all or any part of the Rancho North Property. Such rights of ingress, egress passage and access will extend to Rancho Murieta North Association, its members and employees and their invitees, families, licensees, guests, service providers, agents, contractors, and delivery persons. Subject to the provisions of this Easement Agreement, the Rancho Murieta Association grants to Rancho North for the benefit of, and appurtenant to, Rancho North Property nonexclusive perpetual easements for vehicular, bicycle and pedestrian ingress and egress in, over and across all Improved Roads now existing or hereafter created within the Rancho Murieta Property that are owned by Rancho Murieta Association either in fee or as an easement. Among other purposes, such easements are intended to provide Rancho North and the other Intended Beneficiaries, as defined in Section 2.03(b), below, access to and use and enjoyment of the Rancho Murieta Association’s Recreational Facilities on the same terms and conditions (and subject to the same rules and regulations) as the Rancho Murieta Association applies to the access to, and use and enjoyment of those Recreational Facilities by its Members. Section 2.03. Intended Beneficiaries of Easements. (a) The easements created in Section 2.01, above, for the benefit of the Rancho Murieta Association are also created for the benefit of the members of the Rancho Murieta Association and the respective invitees, families, lessees, guests, service providers, agents, contractors, employees, and delivery persons of the Rancho Murieta Association and its members, including, without limitation, members owning or leasing separate interests annexed to the Rancho Murieta Association after the date this Easement Agreement is recorded. (b) The easements created in Section 2.02 for the benefit of Rancho North are also created for the benefit of future Lot Owners, members of any Rancho North Association and the respective invitees, families, lessees, guests, service providers, agents, contractors, employees, and delivery persons of Rancho North, future Lot Owners, Rancho North Associations and the members of any Rancho North Association. Section 2.04. Gated Communities. No Improved Roads within any subdivision within Rancho North Property that is developed as a Gated Community shall be subject to the easements for vehicular ingress and egress created in Section 2.01, however, such subdivisions shall be subject to the easements for bicycle and pedestrian ingress and egress created in Section 2.01. The subdivider of each Gated Community in the Rancho North Property may construct, at the subdivider’s sole cost and expense, a gated entrance to the subdivision. However, if any Subdivision Phase developed as a Gated Community includes any Park Sites, the subdivider of that Phase must provide for vehicular access, ingress and egress over an Improved Road to the Park Site for the benefit and use of all residents of Rancho Murieta, and their guests and invitees. If any subdivision ceases to qualify as a Gated Community (as defined in Section 1.02, above), the exclusions in this Section 2.04 from the easements for vehicular ingress and egress created in Section 2.01 shall no longer apply. Section 2.05. Roadway and Recreational Facilities Maintenance. (a) Roads. All Improved Roads within the Rancho Murieta Property and the Rancho North Property, now existing or hereafter constructed, shall be maintained in good condition and repair by the owner of the property on which such Improved Roads are located; provided, however, all easements created in Section 2.02 shall be maintained by the Rancho Murieta Association. (b) Entrance Features and Landscaping. The Rancho Murieta Association shall repair and maintain the Gate Facilities, as defined in Section 3.01 of the Mutual Benefit Agreement, in good condition and repair and in accordance with the common facilities maintenance standards imposed by the RMA Declaration. (c) Recreational Facilities. The Rancho Murieta Association shall repair, maintain and replace the Recreational Facilities in accordance with the maintenance standards imposed by the RMA Declaration and the Park Development Agreements. ARTICLE III In the event that any Improved Roads that are not identified in Exhibit “A” are hereafter created and any Rancho North Association or Rancho Murieta Association acquires a fee interest or an easement in such Improved Roads, Rancho North, any Rancho North Association or Rancho Murieta Association may amend Exhibit “A” by Recording a supplemental document reciting that the new Improved Roads are subject to this Easement Agreement. ARTICLE IV Section 4.01. Injunctive Relief. The parties acknowledge and agree that they have bargained for specific performance of the agreements, conditions, restrictions, rights, easements, and rights of way contained in this Easement Agreement, and all other provisions hereof, and that each party entitled to enforcement of the terms hereof shall be entitled to injunctive relief, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions, both mandatory and prohibitory. Subject to the limitations contained in this Easement Agreement, the parties shall have all remedies, at law or in equity, in order to enforce the terms of this Easement Agreement. Section 4.02. Remedies Cumulative. This Easement Agreement shall create privity of contract with an estate with and among all grantees of all or any part of the parties' properties and their respective heirs, executors, administrators, successors and assigns. In the event of a breach or an attempted or threatened breach of any part of this Easement Agreement by any party hereto, the other party shall be entitled forthwith to full and adequate relief by injunction and all other available legal and equitable remedies. Section 4.03. Attorneys' Fees. If any legal action (including any bankruptcy action or proceeding) or any arbitration or other proceeding is brought or if an attorney is retained for the enforcement of any claim, legal action, proceeding or arbitration, arising out of this Easement Agreement or any portion thereof, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Easement Agreement, the prevailing party shall be entitled to recover from the other reimbursement for the fees of attorneys, expenses and other costs (including court costs and witness fees) incurred by it, in addition to any other relief to which it may be entitled.
Section 5.01. Term. Unless
otherwise cancelled or terminated, all the easements granted in
this Easement Agreement shall continue in perpetuity. Section 5.03. Not a Public Dedication. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the real property lying within any easement to or for the general public or for any public purpose whatsoever. Section 5.04. Taxes. Each of the parties agrees to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities, all real property taxes and assessments which are levied against the servient tenements located within their respective properties. Section 5.05. Waiver of Civil Code Section 845. No party to this Easement Agreement, as the owner of an easement created in Article II, shall have any obligation to contribute to the owners of the property on which such easements are located for the expenses of maintaining, repairing, or replacing roads located on such owner’s property, and each party to this Easement Agreement, for itself and for any successor in interest, hereby waives any right to seek further contribution from any other party pursuant to Civil Code section 845. Section 5.06. Relief from Obligations. In the event any party shall convey its fee interest in a portion of its land, on such conveyance such party shall be automatically freed and relieved of all liability under this Easement Agreement with respect to any obligation thereafter to be performed with respect to the property so conveyed. It is intended that this Easement Agreement and obligations contained in this Easement Agreement on the part of each party shall be personally binding on such party only with respect to the obligations that are to be performed during its ownership; therefore, the conveying party shall remain liable for any obligations incurred under this Agreement prior to the date on which its ownership is terminated. Section 5.07. Entire Agreement, Amendments and Waivers. This Easement Agreement contains the entire agreement and understanding of the parties in respect to the subject matter hereof, and the parties intend for the literal words of this Easement Agreement to govern and for all prior negotiations, drafts, and other extrinsic communications, whether oral or written, to have no significance or evidentiary effect. The parties further intend that neither this Easement Agreement nor any of its provisions may be changed, amended, discharged, waived or otherwise modified orally and any such change, amendment, discharge waiver or modification may be made only by an instrument in writing duly executed by the party to be bound thereby. The parties hereto fully understand and acknowledge the importance of the foregoing sentence and are aware that the law may permit subsequent oral modification of a contract notwithstanding contract language which requires that any such modification be in writing; but each of the parties fully and expressly intends that the foregoing requirements as to a writing be strictly adhered to and strictly interpreted and enforced by any court which may be asked to decide the question. Section 5.08. Governing Jurisdiction. This Easement Agreement shall be construed under and in accordance with the laws of the State of California. Section 5.09. Reference to Statutes. Any reference to specific statutes in this Easement Agreement shall be deemed to mean that statute as presently codified and to that statute as it may subsequently amended or superseded by law. Section 5.10. Construction and Severability; Singular and Plural; Captions. (a) No Waiver. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision in a subsequent application or any other provision hereof. (b) Restrictions Severable. Notwithstanding the provisions of Section 6.11(a), above, the agreements, conditions and restrictions of this Easement Agreement shall be deemed, independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. (c) Singular Includes Plural. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine or neuter shall each include the masculine, feminine or neuter, as the context requires. (d) Captions. All captions or titles used in this Declaration are intended solely for convenience of reference and shall not affect the interpretation or application of that which is set forth in any of the terms or provisions of the Declaration. (e) Exhibits. All Exhibits referred to herein are incorporated by reference into this Easement Agreement.
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