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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