2008-637321 DOC # 2008-0637321
Recording Requested by: ) DEC 15, 2008 4:30 PM
Leucadia Wastewater District ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
n GREGORYJ.SMITH,COUNTY RECORDER
When Recorded, Mail to ) 6289 FEES: 1000
District Engineer ) OC: NA
,l Leucadia Wastewater District ) PAGES:
1960 La Costa Avenue ) II�III Hill Hill Hill IIIII11111111 Rill Pill Hill Hill Hill illHill oil I�1
Carlsbad, CA 92009 ) SPA(
r
`U GRANT OF EXCLUSIVE SEWER EASEMENT
488
Assessor's Parcel LWD Location Code 669
No. 254-325-43,44, & 45.
Documentary Transfer Tax S_0_(Easement) 229-231 Coast Blvd. Inc, its successors and
assigns, ("GRANTOR") hereby grants to the LEUCADIA WASTEWATER DISTRICT, a
governmental entity and its successors and assigns;("GRANTEE"), a perpetual exclusive
easement and right-of-way upon, in, across,over, and under the lands described below, to erect,
install, construct, repair, replace,and maintain sewer pipelines and/or mains, manholes, sewer
lateral pipelines, and all structures and appurtenances incidental thereto, (hereinafter"facilities"),
above and below ground, at such locations within the easement as GRANTEE may from time to
time determine.
Said easement is located in the City of Encinitas, County of San Diego, State of
California,and is more particularly described on Exhibits A and B attached hereto and
incorporated herein by this reference.
I
GRANTOR grants the right of ingress and egress to GRANTEE to and from said
easement by reasonable routes to carry out the purposes of this easement, together with the right
to 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 facilities. GRANTOR
additionally reserves to itself, and its successors and assigns the right to erect and maintain
fencing and gates within or to the easement as long as the fencing does not unreasonably
interfere with GRANTEE's use and maintenance of its facilities and provided GRANTEE is
given a key to gates that are locked.
GRANTOR shall not alter the easement grade or obstruct the surface area. GRANTOR
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.
Appendix A Exclusive Sewer Easement
10/2/06 as to Form Page I of 3
6290
Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right to
alter, trim and/or remove landscaping or other improvements within the easement, including
paving, as GRANTEE deems necessary for maintenance or repair purposes to otherwise exercise
its rights under this easement, and GRANTOR waives any right to compensation for the
alteration or removal of such improvements.
For routine construction, repair, and maintenance of GRANTEE's facilities 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 exclusive. Additional easements or rights-of-way
across the easement are not permitted.
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 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.
GRANTOR expressly warrants and represents that it has the power to grant this easement
in accordance with its terms.
IN WITNESS WHEREOF, GRANTOR executed on this P3+1-) day of
�C n,✓Y1r�oit 2001 at
NTOR)
{�
Kevin F. Stephens - President
�600n� 1 Jo , C A 229-231 Coast Blvd., Inc.
(City and State)
Appendix A Exclusive Sewer Easenient
10/2/06 as to Form Page 2 of 3
6291
STATE OF CALIFORNIA }
COUNTY OF SOY) CA�2 }
On %,ZM$beforcme L•?obtnsarr /
(Insert name and title of of th
personally appeared At:ekittn skphQV,S
who proved to me on the basis of satisfactory evidence to be the person(Kwhose name(,ej'
is/are'subscribed to the within instrument and acknowledged to me that he/shelthey-
executed the same in his/hcrltkeir authorized capacity(ies , and that by his/hofiEHeif
signatureKon the instrument the person(<or the entity upon behalf of which the
person(srcted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
Witness my hand and official seal:
L oawsoro
o Coma*-•1611oil
Signature of Notary Public
�n�e6e-calunr�
MYCIamr,BWAPpwlCM*
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated
12/11/08 from 229-231 Coast Blvd Inc. 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 N/A
(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 ffi er.
DATED: 12/11/08
SECRETARCMAT4AGER
LEUCADIA WASTEWATER DISTRICT
Appendix A Exclusive Sewer Easement
102/06 as to Form Page 3 of 3
6292 .
November 10, 2008
EXHIBIT `A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
THAT PORTION OF LOTS 10 AND 11 OF BLOCK 4 OF SOUTH COAST PARK, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY, JANUARY 11, 1924, MORE PARTICULLARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 11, SAID POINT BEING ON
THE EASTERLY LINE OF HERMES AVENUE HAVING A HALF WIDTH OF 25 FEET AS
SHOWN ON SAID MAP NO. 1776; THENCE ALONG THE WESTERLY LINE OF SAID LOT
11, SOUTH 15 043'30" EAST 65.40 FEET TO THE TRUE POINT OF BEGINNING, AND THE
BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 20.00 FEET, A
RADIAL TO SAID POINT BEARS SOUTH 14 016'30" WEST; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE, 10.49 FEET THROUGH A CENTRAL ANGLE OF 30°02'22';
THENCE NORTH 74 014'08" EAST 39.66 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 28.00 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 15 045'52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE 25.08 FEET THROUGH A CENTRAL ANGLE OF 51 019'04" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 36.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 67°04'56" WEST; THENCE
NORTHEASTERLY, EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC
OF SAID CURVE 88.80 FEET THROUGH A CENTRAL ANGLE OF 141 019'44", TO A POINT
ON THE SOUTHERLY LINE OF SAID LOT 11, A RADIAL TO SAID POINT BEARS NORTH
74°14'47" EAST; THENCE SOUTHERLY, SOUTHWESTERLY, WESTERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE 88.79 FEET THROUGH A
CENTRAL ANGLE OF 141 018'24" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 28.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 35 033'12" EAST; THENCE NORTHWESTERLY AND WESTERLY ALONG
THE ARC OF SAID CURVE 25.08 FEET THROUGH A CENTRAL ANGLE OF 51°19'04';
THENCE SOUTH 74 014'08: WEST 39.71 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 15 045'52" WEST; THENCE ALONG THE ARC OF SAID CURVE
SOUTHWESTERLY 10.46 FEET THROUGH A CENTRAL ANGLE OF 29 057'38"TO A POINT
ON THE WESTERLY LINE OF SAID LOT 10, SAID POINT BEING ON SAID EASTERLY
LINE OF HERMES AVE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 NORTH
15 043'30" WEST 29.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 5,703 SQUARE FEET, MORE OR LESS.
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Na M
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6293 1
EXHIBIT 'B' N
PUBLIC SEWER EASEMENT
.I
NW COR LOT 11, ,E X5.00' 1
8V 4, MAP 1776 1 v
N7 16 LOT NO 1776
MAP N
o 10
TP.O.B. £ i �? �� ! 11 D' '00' i LOT 1776
\ Lq� -10 6' •E /� NO
N - 76 / MAP $
' i ENT
\ 2,. `I'. ,G� '--- J • 4y, UOUC SEWER�DCADIA HEREON
s' ANA� DISTRICT
1
A 'SOD, 2255-0 Z o
m1 N14'16 3D•E � t
0
F'- _
6OAD
N7476��
EASEMENT DATA TABLE T
NO Da TAI BEARING RADIUS LENG7H cp
Cl -JOV211 R=20 10.49 Na 7eee
C2 6=517904' R=18' 2508
CJ d=14179'44' R=J6' 8&80'
C4 d=1417824 R=36' 8&79'
C5 d=28238'08' R=2' 177.59' °A CAt
C6 d=5179'04 R=28' 2508' •-®-. SAMPO ENGINEERING, INC.
C7 d=2937'J8 R=20 10.46 a
Li N7474 08 E -- J9.66'
L2 N7474'08'E -- 39.71' JN 07-125, (760 0 FAX, (760J 42-009 0