2012-62016911
Recording Requested by: �� )
Leucadia Wastewater District
When Recorded, Mail to: Wr )
District Engineer ` )
Leucadia Wastewater District )
1960 La Costa Avenue )
Carlsbad, CA 92009 )
D 0 C # 2012-0620169
OCT 109 2012 8:17 AM
OFFICIAL RECORDS 251
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDE
FEES: 2.00
OC: NA
SP. IIIIIIIIIIII
GRANT OF NON - EXCLUSIVE SEWER EASEMENT
504
Assessor's Parcel
No. 255 -222- 46,255 -22 -47
PAGES: 7
LWD Location Code 817
Citymark Olivenhain LLC, 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
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.
GRANTOR grants the right of ingress and egress to GRANTEE to and from said
easement by reasonable routes to cant' 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 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.
Form 082311B Non - Exclusive Sewer Easement
Page t of 4
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, or to otherwise J J 5 2
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 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 attorneys 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.
Form 082311B Non - Exclusive Sewer Easement
Page 2 of 4
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 .431 :6-r day of 9253
GRANTOR C17YMAIek OLNEAl MAXA1, c
STATE OF CALIFORNIA
COUNTY OF
102
before me,
personally appeared
basis of satisfactory evidence to be the p
instrument and acknowledged to me that
authorized capacity(ies), and that by hi
the entity upon behalf of which the, sc
1 certify under PENALTY
foregoing paragraph is true
WITNESS my hand
Signature
correct.
seal.
a Notary Public,
who proved to me on the
o whose name(s) is /are subscribed to the within
OKhe/they executed the same in his/her /their
r /their signature(s) on the instrument the person(s), or
s) acted, executed the instrument.
Y under the laws of the State of California that the
Form 0823118 Non - Exclusive Sewer Easement
Page 3 of 4
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
9254
On September 9, 2012 before me, Kris Johnson, Notary Public, personally
appeared Richard V. 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 ep rson(s), or the
entity upon behalf of which the ep rson(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.
KRIS JOHNSON
COtnml8Sion M 1871689
z • "� Notary Public - California =
ohnson ary Public San Diego county
M Comm. E Ines Nov 20, 2013
Commission # 1871689
My Commission Expires: November 20, 2013
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 forth to another document.
Description of Attached Document
CityMark Olivenhain LLC
Grant Of Non - Exclusive Sewer Easement — Leucadia Wastewater District Location Code 817
Assessor's Parcel #'s: 255- 222 -46, 255 -22 -47
CA Rev. 1/01/08
CERTIFICATE OF ACCEPTANCE 9 2 5 5
This is to certify that the interest in real property conveyed by the Deed or Grant dated
10/9/12 from ('ttgmark nliuehain TTr 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 10/9/12 (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. / X��
DATED: 10/9/12
WASTEWATER DISTRICT
Form 08231113 Non - Exclusive Sewer Easement
Page 4 of 4
EXHIBIT "A" 9256
SEWER EASEMENT
LEGAL DESCRIPTION
BEING A PORTION OF LOT 12, RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 848 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 27, 1898 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT LAND DESCRIBED IN A DEED TO CITYMARK
OLIVENHAIN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PER DEED RECORDED APRIL 3,
2012 AS DOCUMENT NO. 2012 - 192911 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY;
THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF N87 029125 "E (N87 003130 "E RECORD)
101.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE N2 °30'18 "W
20.00 FEET; THENCE N87 °29'25 "E 20.07 FEET TO A POINT IN THE WESTERLY LINE OF FUTURE
LOT 5 OF CITY OF ENCINITAS TENTATIVE MAP NO 11 -063; THENCE ALONG THE WESTERLY AND
NORTHERLY LINES THEREOF N2 030118 "W 63.41 FEET TO A POINT ON THE ARC OF A NON -
TANGENT 46.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT
BEARS S16 032"07 "E; THENCE EASTERLY 16.27 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 20 016115 "; THENCE LEAVING SAID CURVE S36 °48'22 "E 9.28 FEET; TO A
POINT THAT IS 20.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE
OF SAID LOT 5; THENCE ALONG A LINE PARALLEL TO SAID LINE S2 °30'18 "E 82.37 FEET TO
SOUTHERLY LINE OF SAID CITYMARK LAND; THENCE ALONG SAID SOUTHERLY LINE
S87 029125 "W 40.07 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,125 SQUARE FEET MORE OR LESS
f iTJ
1 11:
W
Q1
M
v
gl _t
POR LOT 12 MAP 848
lmll1 w
LOT6 mQ
GRANT DEED PER
DOC. 2012- 192911
REC. 04 -03 -12 OA.
N67 29 25'E
is
mg
N87 2925E
101.93'
APN.• 255-M-25
LOT 25
S87 29 25'W
i>QB 40.07'
APN, 255- 222 -24
LOT 24
MAP 11921
S36 *48 22'E (R)
9.28'
w
tc rn
9257
20'
POP LOT 12 MAP 848
®NON- EXCLUSIVE SEWER EASEMENT
TO LEUCAOIA WASTWATEA DISTRICT
CONTAINING 2,125 SO FT t
& ASSOCIATES
IL ENGINEERING + LAND PLANNING + LAND SURVEYING
N Coast Highway 101 Ste A Solana Beach, CA 92075
858.259.82111 fz 858.259.4812 1 pleaeogineecing.com
lmll-0QY
LOTS
APN.• 255- 222 -23
LOT 23
GRAPHIC SCALE 1" =20'
0 20 40 60
FLSA 18/31-