2005-1083826 4937 DOC # 2005-1083826
I11lIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recording requested by: ) DEC 19, 2005 10:15 AM
OFFICIAL RECORDS
6 U Leucadia Wastewater District ) SAN DIEGO COUNTY RECORDERS OFFICE
GREGORY J.SMITH,COUNTY RECORDER
FEES: 0.00
When recorded, mail to: ) DC: NA
District Engineer ) PAGES: 5
Leucadia Wastewater District )
Carlsbad,ad Costa Avenue
92009 ; i►ui►ia�ouiiio�ii�►iui uaivaiiie1ifliiim�ui�mue�iaiuui
2005-1083826
For the benefit of the District ) SPACE ABOVE FOR RECORDERS USE ONLY
GRANT OF EXCLUSIVE SEWER EASEMENT
Assessor's Parcel No. 256-151-34-00 Project No. 3252-587
461
Mrs. Phyllis Flechsig, her successors and assignees, ("GRANTOR")hereby grants to the
Leucadia Wastewater District, a government entity and its successors and assignees,
("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
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 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.
GRANTOR grants the right of ingress and egress to GRANTEE to and from said
easement by reasonable routes to carry out the purpose 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 assignees, 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 assignees the right to erect and
maintain gate(s) within or to the easement to as long as GRANTEE is provided with a key at all
times to said gate(s), if locked.
GRANTOR shall be entitled to keep and maintain the greenhouse structure, concrete
driveway, trees and shrubs existing at the time of this conveyance(collectively"Existing
Improvements"), notwithstanding that they may encroach upon the easement right of way, except
with respect to the Existing Improvements. GRANTOR shall keep the easement graded flat and
unobstructed at all times, and shall not plant any other 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 new or additional
landscaping or improvements(including paving) consented to by the GRANTEE within the
easement and GRANTEE will not be liable for any damage of thereto.Notwithstanding any
consent granted by GRANTEE, GRANTEE shall have the right, upon our reasonable notice, to
remove any such landscaping or other improvements, including paving, as necessary for
I
Exclusive Sewer Easement Page I of 5
4938
maintenance or repair purposes, or which interfere with GRANTEE's ability to otherwise
exercise its right under this easement, provided the 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 GRANTEE's sole expense with respect to the Existing
Improvements, or at GRANTOR's expense with respect to any new or additional landscaping or
improvements. Further notwithstanding any consent granted, GRANTEE shall have the right, at
its sole expense, to permanently trim or permanently remove any landscaping or other
improvements within the easement that unreasonably interfere with GRANTEE's ongoing
exercise of its easement right 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 the initiation of work. GRANTEE shall not be obligated to provide a 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.
All terms and conditions of this easement shall be binding upon the parties, their
successors and assigns. The benefit and burden 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 she has the power to grant this
easement in accordance with its terms.
IN WITNESS WHEREOF, GRANTOR executes this Exclusive Sewer Easement on this
Day of August, 2004.
tkq ( r �Z- - d&c
GRAN' OR Mrs. Phyllis Flechsig, T90ZEed f the
Family Trust dated June 6, 1997
Exclusive Sewer Easement Page 2 of 5
4939 .
corno,ero
It 137664
"°°soson o eIo Co
STATE OF CALIFORNIA ) [*:1Mv0wm90w9vp21Lj
ss.
COUNTY OF SAN DIEGO )
On lal SjoL4 Before me, WiS`a \(aY 1c-,,n ho1gv,�i�li1, personally appeared
Mrs. Phyllis Flechsig, (or proved to me n the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledge
to me that she executed the same in her authorized capacity and that by her signature on the
instrument executed the instrument.
WITNESS my hand and official seal. 1 Y I N4
com.*lon•1976608 =
Notm P.0c •Ccoomio =,
Son Rego County t
� MyComr^.E» es`a ?4 !
NotarAPublic
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Deed or Grant dated
10/24/05 from Mrs. Phyllis Flechsig to the 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 the Leucadia Wastewater District pursuant to authority
conferred by Resolution No. 410 of the Board of Directors of Leucadia Wastewater District
adopted on December 14th, 1972), and the grantee consents to recordation thereof by its duly
authorized officer.
DATED
SECRETARY- MANAGER
LEUCADIA WASTEWATER DISTRICT
Exclusive Sewer Easement Page 3 of 5
4940
II
EDIT"A"
I
LEGAL DESCRIPTION
FOR
SEWER EASEMENT
THE SOUTHERLY 10.00 FEET OF THE SOUTHERLY 85.00 FEET OF LOT 16,
BLOCK 3,OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, STATE OF
CALIFORNIA,ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 1924.
CONTAINS 2000 SQUARE FEET, MORE OR LESS.
I
LD
o �
No.7655
It * Ey1�d• f/
U cALIFORN�P
Exclusive Sewer Easement Page 4 of 5
1
Q
�W
Zl
O•
N
_ !Or 16
LOT 16
2 6i 1'=30'
0 15 30 60
N 8932',10'E
256-151-3�'.
slim,
MOD'
NOTE
8GY/NOARY 1NFQRYAMY CACCIRAU FROM MAP 1791
Y
� L
C) <
W
I �
x
t
-'-s-err-r77-fir
LOT 1%
256-151-2-0
No.7655
Exp.12/31104
0
04
a
C
u
i�
W
3
u
N
U
x
W
EXHIBIT 'B'
.�
o
SEWER EASEMENT
— — —
N 893230'f maY
— — — — — — — — — — — — — — —
1
Q
�W
Zl
O•
N
_ !Or 16
LOT 16
2 6i 1'=30'
0 15 30 60
N 8932',10'E
256-151-3�'.
slim,
MOD'
NOTE
8GY/NOARY 1NFQRYAMY CACCIRAU FROM MAP 1791
Y
� L
C) <
W
I �
x
t
-'-s-err-r77-fir
LOT 1%
256-151-2-0
No.7655
Exp.12/31104
0
04
a
C
u
i�
W
3
u
N
U
x
W