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APN(s): Space Above Reserved for Recorder’s Use Only
Record for the benefit of the City of Manteca pursuant to Government Code Section 27383
GOLF BALL EASEMENT AGREEMENT
This Golf Ball Easement Agreement (the “Agreement”) is made this day of , 2022, by and between D.R. HORTON CA2, INC., a California corporation, hereinafter called “Grantor,” and the CITY OF MANTECA, a California municipal corporation, hereinafter called “Grantee.”
RECITALS
A. Grantor is the owner of certain real property located in the City of Manteca, County of San Joaquin, State of California, and identified as portions of Assessor’s Parcel Numbers 200-130-010 and 200-130-020, as described in Exhibit “A,” which is attached hereto and incorporated herein as if set forth in full (“Servient Tenement”). The Easement Area (defined below), which is a portion of the Servient Tenement, consists of approximately 3.43 acres.
B. Among other permits and approvals, Grantor applied for Tentative Subdivision Map SDJ 18- 107 to subdivide the Servient Tenement into single family detached residential lots.
C. Grantee is the owner of certain real property located in the City of Manteca, County of San Joaquin, State of California, adjacent to the Servient Tenement and, more particularly, described in Exhibit “B,” as attached hereto and incorporated herein as if set forth in full, which is currently used and maintained as a municipal golf course (“Dominant Tenement”).
D. On April 21, 2020, the City Council of Grantee adopted Resolution No. 2020-69 granting approval of Tentative Subdivision Map SDJ 18-107 subject to certain conditions of approval.
E. Pursuant to conditions 39 and 79, Grantor agreed to enter into an agreement with the Grantee to hold the Grantee harmless from damage or injury caused by any errant golf balls and grant Grantee a golf ball easement extending 150 feet into the Servient Tenement.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a perpetual easement appurtenant to the Dominant Tenement over a one hundred fifty (150) foot wide portion of the Servient Tenement, in the location depicted and described in Exhibit “C1,” hereto (“Easement Area”),
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City of Manteca
1001 West Center Street
Manteca, CA 95337
Attn: City Clerk
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for the flight of golf balls through its airspace and entry of golf balls upon and across it as an incident to the use of the Dominant Tenement. Exhibit C2 is attached hereto and incorporated herein by reference as if set forth in full. The Easement Area consists of approximately 3.43 acres.
2. Limit on Use of Easement by Grantee. The easement does not entitle Grantee or its golf course patrons to enter the Servient Tenement for any purpose including, but not limited to, the retrieval of errant golf balls, which retrieval shall require the separate permission of Grantor or a subsequent owner of the pertinent property within the Servient Tenement.
3. Non-Exclusive Easement. The easement granted herein is non-exclusive.
4. Hold Harmless. Grantor, and each subsequent owner of all, or a portion of, or any interest in, the Servient Tenement, agrees to hold harmless Grantee and its elected and appointed officials, employees, agents, contractors, and assigns from any and all claims, liabilities, losses, damages, actions, costs, and expenses (including, without limitation, court costs and reasonable attorneys’ fees and expenses) incurred or made against Grantee or its elected and appointed officials, employees, agents, and contractors in connection with or arising out of personal injury, death, or property damage which arise out of, result from, or are in any way connected with golf balls entering the Servient Tenement.
5. Running of Benefits and Burdens. Grantee’s rights under this Agreement and the benefits of the easement are appurtenant to the Dominant Estate and run with the land for the benefit of Grantee and its successors, lessees, and assigns. Grantor’s obligations under this Agreement and the burdens of the easement shall run with the land and be binding on Grantor and its successors and assigns, including the owners of lots and common area in the Servient Tenement and any homeowners’ or property owners’ association that may come into ownership of all or any portion of the Servient Tenement or be formed by or for the benefit of the owners of the Servient Tenement.
6. Notice to Buyers, Tenants, and Others. Grantor and each subsequent owner of the Servient Tenement or any portion thereof shall disclose this Agreement in writing to any person or entity to whom it sells or transfers any portion of or interest in the Servient Tenement.
7. Severability. In the event any term or provision of this Agreement is declared to be illegal, invalid, or unenforceable to any extent and for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions of this Agreement, which terms and provisions shall remain binding and enforceable.
8. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by both parties or their successors and assigns, and recorded in the Office of the County Recorder of San Joaquin County, California.
9. Counterparts. This Agreement may be executed in counterparts, with each counterpart being deemed an original.
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