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2010-535666Recording Requested by: Leucadia Wastewater District When Recorded, Mail to District Engineer Leucadia Wastewater District 1960 La Costa Avenue Carlsbad, CA 92009 For the benefits of the District D 0 C ## 2010- 0535666 ocj* OCT 06, 2010 8:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 SPACE ABOVE FOR RECORDER'S USE ONLY 491 GRANT OF NON - EXCLUSIVE SEWER EASEMENT Assessor's Parcel Project No. 3252 -647 No. 256 - 053 -12 Documentary Transfer Tax $_0_(Easement) Citymark Daphne LLC, A California Limited Liability Company, 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 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 shall cause said pipeline(s) and related facilities to be: designed; reviewed and approved by the LWD District Engineer and constructed by GRANTOR under a LWD development agreement with inspection and final acceptance by LWD. Within a reasonable time following acceptance of installation of said pipeline(s) and related facilities, GRANTOR shall complete LWD 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 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 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 1 17251 1 7252 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. GRANTOR expressly warrants and represents that it has the power to grant this easement in accordance with its terms. Non - Exclusive Sewer Easement Page 2 17253 IN WITNESS WHEREOF, GRANTOR executed on this day of L 20 at Ctrl .n a Mti Dai' i1. G t L ay (GRANTOR) ;Z �. (City and State) STATE OF CALIFORNIA COUNTY OF On before me (Insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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: Signature of Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed or Grant dated from 10/4/10 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. 10/4/10 DATED: ENERAL ANA ER, LEUCADIA WASTEWATER DISTRICT Non - Exclusive Sewer Easement Page 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 14, 2010 before me, Kris Johnson, Notary Public, personally appeared Richard Gustafson who proved to me on the basis of satisfactory evidence to be the person whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /they authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY, under the laws of the State of California, the foregoing paragraph is true and correct. WITNESS my hand and official seal. 2 Kri Johns n, otary Public mmission # 1689 My Commission Expires: November 20, 2013 17,254 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Grant Of Non - Exclusive Sewer Easement - Project #3252 -647 Assessor's Parcel #: 256- 053 -12 Number of Pages: 4 (including Acknowledgement) Document Date: September 14, 2010 CA Rev. 1/01/08 17255 EXHIBIT "A" SEWER EASEMENT AN EASEMENT FOR SEWER PURPOSES OVER, UNDER, ALONG AND ACROSS, THAT PORTION OF LOT 9 IN BLOCK "A" OF SOUTH COAST PARK NO. 35 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 1926 DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY LINE OF SAID LOT 9 SAID POINT BEING 5.00 FEET SOUTHERLY OF MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 9; THENCE WESTERLY PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID LOT 9, S74 058733 19W 66.33 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE TO SAID POINT BEARS S61 *25'1 7"W; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.56 FEET THROUGH A CENTRAL ANGLE OF 45 040120 "; THENCE S17 °05'37 "E A DISTANCE OF 64.37 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE SOUTHEASTERLY A DISTANCE OF 22.53 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 22.50 FEET AND A CENTRAL ANGLE OF 57022'1 8" TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, WESTERLY AND NORTHERLY A DISTANCE OF 204.31 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 41.50 FEET AND A CENTRAL ANGLE OF 282 004' 14 ", TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY A DISTANCE OF 17.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 22.50 FEET AND A CENTRAL ANGLE OF 44 041'56 "; THENCE N17 °05'37 "W TANGENT TO SAID CURVE A DISTANCE OF 75.57 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE NORTHWESTERLY A DISTANCE OF 10.51 FEET ALONG THEARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 14.50 FEET AND A CENTRAL ANGLE OF 41 °32'00" TO THE POINT ON A LINE THAT IS 5.00 FEET SOUTHERLY OF MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID LINE N74 058'33 "E 43.04 FEET TO THE POINT OF BEGINNING. 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