2004-874707 ' DOG # 2004-0874707
Recording Requested by: ) SEP 14, 2004 4:28 PM
N Leucadia Wastewater District) OFFICIAL RECORDS
SAN G
DIE 0 COUNTY RECORDER5 OFFICE
U v'
O When Recorded,Mall to FEE GREGORY J.SMITH,COUNTY RECORDER
) ES:
District Engineer > 17748 DC NA
1960 La wastewater District) IIN pill Ul111llll�11IN11111111lel�IgllBlllIN111le�l�l
1960 La Costa Avenue )
Carlsbad,CA 92009 ) 2004-0874707
For the benefits of the District ) SPACE ABOVE Fum nc%.vnuun u voi v_ni ,i
( 254 )
GRANT OF NON-EXCLUSIVE SEWER EASEMENT
Assessor's Parcel Project No. 3252-598
No. 1*- =-10
inlay 7P. $Motm its successors and assigns,("GRANTOR")hereby grants to
the LEUCADIA WASTEWATER DISTRICT,a governmental entity and its successors and assigns,
("GRANTEE"), a perpetual nonexclusive easement and right-of-way upon, in, across, over, and
under the lands described below, to erect, install, construct, repair, replace, and maintain sewer
pipeline(s) and/or mains, manholes, sewer lateral pipelines, and all structures and appurtenances
incidental thereto,(hereinafter"pipeline(s)and related facilities'),above and below ground,at such
location(s)within the easement as GRANTEE may from time to time determine.
Said easement is located in the City of Erkwrrtl*s County of San Diego, State of
California,and is more particularly described on Exhibits A and B(list attachments)attached hereto
and incorporated herein by this reference.
GRANTOR shall cause said pipeline(s)and related facilities to be: designed;reviewed and
approved by the LWC District Engineer and constructed by GRANTOR under a LWC development
agreement with inspection and final acceptance by LWC. Within a reasonable time following
acceptance of installation of said pipeline(s)and related facilities,GRANTOR shall complete LWC
approved surface improvements at GRANTOR's sole expense. Thereafter, GRANTOR shall
maintain said surface improvements in good condition at all times and GRANTEE shall maintain
said pipeline(s) and related facilities in good condition at all times.
GRANTOR grants the right of ingress and egress to GRANTEE to and from said easement
f easement, together with right to e
by reasonable routes to carry out the purposes o this eas m g the gh use the
easement for GRANTEE's access to adjacent property. GRANTOR reserves to itself, and its
successors and assigns,the right of ingress and egress across the easement surface at all times except
during construction, repair, or maintenance of the pipeline(s) and related facilities. GRANTOR
additionally reserves to itself,and its successors and assigns the right to erect and maintain gate(s)
within or to the easement as long as GRANTEE is provided with a key at all times to said gate(s),if
locked.
Non-Exclusive Sewer Easement Page I
17749
GRANTOR shall keep the easement graded flat and unobstructed at all times,and shall not
plant any landscaping (including trees), or construct any structures or improvements (including
paving)within the easement without the prior written consent of GRANTEE. GRANTOR will be
responsible for all such landscaping or improvements(including paving)consented to by GRANTEE
within the easement and GRANTEE will not be liable for any damage thereto.
Notwithstanding any consent granted by GRANTEE,GRANTEE shall have the right,upon
reasonable notice, to remove any such landscaping or other improvements, including paving, as
necessary for maintenance or repair purposes, or which interfere with GRANTEE's ability to
otherwise exercise its rights under this easement, provided that GRANTEE shall repair and/or
replace any paving removed or damaged by resurfacing the immediate area as near as practicable to
its preexisting condition, all at GRANTOR's sole expense. Further notwithstanding any consent
granted, GRANTEE shall have the right, at its sole expense,to permanently trim or permanently
remove any landscaping or other improvement within the easement that unreasonably interferes with
GRANTEE's ongoing exercise of its easement rights and GRANTOR waives any right to
compensation with respect to any such permanent removal.
For routine construction,repair,and maintenance of GRANTEE's improvements within the
easement,GRANTEE shall provide GRANTOR 48 hours notice in writing or by telephone prior to
initiating work. GRANTEE shall not be obligated to provide GRANTOR with notice in the event of
an emergency involving GRANTEE's facilities where the emergency precludes,as a practical matter,
the giving of prior notice.
The easement conveyed by this grant is not exclusive and GRANTOR reserves the right to
grant easement rights to others or to dedicate the land subject to the easement to a public agency,
provided that GRANTOR shall not have the right to convey rights to any other party to make a use in
the easement that interferes with,restricts,or conflicts with the rights granted to GRANTEE hereby.
GRANTOR shall notify GRANTEE within a reasonable time prior to the granting of any future
easement or use within the easement,and allow GRANTEE the opportunity to review any such grant
or use in order that GRANTEE is reasonably assured that its rights herein will not be interfered with
or restricted in any way whatsoever.
All terms and conditions of this easement shall be binding upon the parties,their successors
and assigns. The benefits and burdens herein are intended,and shall,run with the land. In the event
of litigation to interpret or enforce the terms and provisions of this easement,the prevailing party
shall be entitled to recover reasonable attorney's fees,expert fees, including engineering fees,and
investigative fees,in addition to costs. This easement represents the entire agreement between the
parties and shall not be modified except by a written instrument signed by the parties and recorded.
Non-Exclusive Sewer Easement Page 2
l
I
17750
GRANTOR expressly warrants and represents that it has the power to grant this easement in
accordance with its terms.
IN WITNESS WHEREOF,GRANTOR executed this Easement on this .3 % day of
200q
GRAN TOR/
/ --�
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On ;2 before me,4&"Ag JM4e%> rt/the name and title of the officer),
personafly appeared 71im axx &SA r` a personally!mown to me(or proved to me
on the basis of satisfactory a dente) to be the person(0 whose name(40are subscribed to the
within instrument and acknowledged to me that(&she/they executed the same in( her/their
authorized capacity(ies),and that b) ht er/their signature( on the instrument the person(sj or the
entity upon behalf of which the person(&) acted,executed the instrument.
WITNESS my hand and official seal.
Commlplon 0 tNgZ�
gototy Flao-CANO w
Notary Public MrCmmBpbaMovt4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated
9/1/04 from Tommy D. Shields to Leucadia Wastewater District,a political
corporation and/or governmental agency, is hereby accepted by order of the Board of Directors of
Leucadia Wastewater District on
(or by the undersigned officer or agent on behalf of the Board of Directors of Leucadia Wastewater
District pursuant to authority conferred by Resolution No.410 of the Board of Directors of Leucadia
Wastewater District adopted on December 14, 1972),and the Grantee consents to recordation thereof
by its duly authorized officer. .I
9/1/04
DATED:
SECRETARY,
LEUCADIA WASTEWATER DISTRICT
Non-Exclusive Sewer Easement Page 3
17751
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: / 7IY�z� Date Commission Expires W
County where Bond is Filed: /
Manufacturer / Vendor Number: le///W_
Place of Execution: _Date:
i
Signatu e
4184
ft o.Farts#R10
17752
EXHIBIT "A"
PUBLIC UTILITY EASEMENT
BEING A PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNANDINO MERIDAN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTH HALF OF THE
SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID NORTH HALF,
SOUTH 89 027'43" EAST 28.00 FEET TO A POINT ON A PARALLEL LINE 28.00
FEET EAST OF THE CENTERLINE OF BELLA VISTA DRIVE; THENCE ALONG
SAID PARALLEL LINE, SOUTH 0 031'02' WEST 150.22 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, NORTH
89 028'58" WEST 218.92 TO THE BEGINNING OF A TANGENT 117.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 052'33" AN
ARC DISTANCE OF 40.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH
69 036'25" EAST 62.31 FEET TO THE BEGINNING OF A TANGENT 103.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE I
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48 048'53" AN ARC
DISTANCE OF 87.75 FEET; THENCE TANGENT TO SAID CURVE NORTH
61 034'42" EAST 57.84 FEET TO THE BEGINNING OF A TANGENT 117.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
28 056'20" AN ARC DISTANCE OF 59.09 FEET; THENCE TANGENT TO SAID i
CURVE SOUTH 89 028'58" EAST 60.93 FEET TO THE BEGINNING OF A
TANGENT 117.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 14 050'29" AN ARC DISTANCE OF 30.31 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 74 038'29" EAST 154.47 FEET TO THE BEGINNING OF A
TANGENT 23.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 75°31'18" AN ARC DISTANCE OF
30.32 FEET TO A TANGENT 41.00 FOOT REVERSE RADIUS CURVE CONCAVE I
SOUTHWESTERLY; THENCE NORTHEASTERLY, SOUTHEASTERLY,
SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 255 031'17" AN ARC DISTANCE OF 182.05
FEET; THENCE TANGENT TO SAID CURVE NORTH 74°38'29" WEST 216.44
FEET TO THE BEGINNING OF A TANGENT 83.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 14 050'29" AN ARC DISTANCE OF
21.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 89°28'58" WEST 60.93
FEET TO THE BEGINNING OF A TANGENT 83.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC
17753
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 056'20" AN ARC
DISTANCE OF 41.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH
61 034'42" WEST 57.84 FEET TO THE BEGINNING OF THE TANGENT 137.00
FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48 048'53" AN
ARC DISTANCE OF 116.72 FEET; THENCE TANGENT TO SAID CURVE NORTH
69 036'25"WEST 62.31 FEET TO THE BEGINNING OF THE TANGENT 83.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 052'33" AN ARC
DISTANCE OF 28.79 FEET; THENCE TANGENT TO SAID CURVE NORTH
89 028'58" WEST 218.92 FEET TO SAID EAST 28.00 FOOT PARALLEL LINE; !
THENCE NORTH 00 031'02" EAST 24.00' FEET TO THE TRUE POINT OF
BEGINNING.
SEE ATTACHED EXHIBIT"B"
8/30/04
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