2013-520401a a c # 20110520401
Recording Requested by: ) 1 1111111 II I VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Leucadia Wastewater District ) AUG 20, 2013 11:19 A
OFFICIAL RECORDS o 52
When Recorded, Mail to: SAN DIEGO COUNTY RECORDER'S OF CE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
I/t District Engineer ) FEES: 17.00
w Leucadia Wastewater District ) OC: NA
1960 La Costa Avenue ) IIII IIII P IIAGES: 8
Carlsbad, CA 92009 ) SPA
GRANT OF NON - EXCLUSIVE SEWER EASEMENT
Assessor's Parcel LWD Location C de: 864
No. 254400-14.254-400-19 DOCLUENTARYTRANSO TAX$ 7 ?
LENNAR HOMES OF CALIFORNIA, INC., 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 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 GRANTEE is given a key or
combination 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 04138 Non - Exclusive Sewer Easement
Page I 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 7053
paving, as GRANTEE deems necessary for maintenance or repair purposes, or 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 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 0413B 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
10A�gLOst 2413.
John
Vice Pi
Lennar
STATE OF CALIFORNIA )
COUNTY OF OL.ANb09?v )
4� 7054.
Easement on this �_ day of
ifornia, Inc.
On Ar/GVb7 /1,90a before me, V //.VV& MW 041W'? a Notary Public,
personally appeared ft lfi f' 2 aA.1 who proved to me on the
basis of satisfactory evi enccee to be the persorko whose namoo islaK subscribed to the within
instrument and acknowledged to me that he /she /tI36 executed the same in hisUr /Veir
authorized capacity(jP4), and that by hiss/ Ir signaturo on the instrument the persogo, or
ers
the entity upon behalf of which the pon acted, executed the instrument.
1 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.
Signatur FAY
Form 0413B
M. SUE RUDOLPH
Commission • 2003954
.� Notary Public • Calft lls
Orange County
M Comm. Expires Feb 9, 2017+
Non - Exclusive Sewer Easement
Page 3 of 4
CERTIFICATE OF ACCEPTANCE
This
is to certify that the interest
in real property conveyed by
the Deed or Grant 7055
dated 8/19/13
from Lennar=Homes California 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 8/19/13
(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, 197 nd the Grantee
to recordation
thereof by its duly authorized officer.
DATED:
8/19/13
LEUCADIA WASTEWATER DISTRICT
Form 04138 Non - Exclusive Sewer Easement
Page 4 of 4
i056
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 1 AND 5 LYING WITHIN A VARIABLE STRIP OF LAND SITUATED IN THE CRY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 1788 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING
AT THE CENTERLINE INTERSECTION OF URANIA AVENUE AND
NORMANDY ROAD
AS SHOWN ON
RECORD OF
SURVEY No.
20698 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY;
THENCE ALONG
SAID
CENTERUNE
OF URANIA AVENUE NORTH 00'44'58' EAST, A DISTANCE OF
250.50 FEET TO
THE TRUE POINT
OF BEGINNING;
THENCE NORTH 88'59'54' WEST, A DISTANCE OF 937.18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A';
THENCE CONTINUING
NORTH 88'59'54' WEST,
A DISTANCE
OF
125.53 FEET
TO A POINT ON THE NORTHEASTERLY
RIGHT -OF -WAY LINE
OF PIRAEUS STREET AS
SHOWN ON
SAID
RECORD OF
SURVEY.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE RIGNT -OF -WAY OF URANIA AVENUE.
SAID STRIP OF
LAND
SHALL
BE 26.50 FEET WIDE BETWEEN
SAID
WESTERLY RIGHT -OF -WAY LINE
OF URANIA AVENUE AND
POINT 'A' AND
25.00
FEET
WIDE BETWEEN POINT 'A' AND
SAID
NORTHEASTERLY RIGHT -OF -WAY
LINE OF PIRAEUS STREET.
THE SIDELINES OF SAID STRIP
OF LAND SHALL
BE
LENGTHENED OR SHORTENED AS TO
TERMINATE EASTERLY IN SAID
WESTERLY RIGHT -OF -WAY LINE
AND WESTERLY
IN
SAID NORTHEASTERLY RIGHT -OF -WAY
LINE.
CONTAINING 27,228 SO. FT., MORE OR LESS,
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS -OF -WAY AND EASEMENTS IF ANY.
ALL AS PARTICULARLY SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OR
EDWARD L. REYNOLDS, PLS NO. 7725
LICENSE EXPIRES 12/31/13
No. 7725
e Up. 12/31/13
CITY OF ENCINITAS
PRD.A'cr nORE
RTLE
LEUCADIA WASTEWATER DISTRICT SEWER EASEMENT
CC OONSUL71KG, INC.
RUTRENCE
DATE
9/EET ND.
O4
B 1 9 13
/ /
LAID UAMQ AID egm0
2A% BUPSOM Ptmm 00 916-Mo
(N.
SCALE
gy=' m RQCK 9= PAX &A %6-30
CVEN -014
NONE
1 d 4
7057
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SHEET INDEX
1
1
1
�(i PIRAEUS 1 1 i l l
STREET 1 I
1 I M 25' --1
o\�'o - - -r -- 11-- - - - - -- (i URANIA
- - -- AVENUE
T.P.O.B,
I
1 i W 1 � iII
1 b II
1`
T.
ROS I V 1 N 20695 25' —� l
w w P.
1 1 V) NROADNDY O.C.
1
1
1
1
1
1
LEGEND:
- - CENTERLINE
- - - - - RIGHT -OF- WAY /L01 LINE
LIMITS OF EASEMENT uj
CITY OF ENCINITAS
PRQ.ECT FIORE °7
LEUCADIA WASTEWATER DISTRICT SEWER EASEMENT
C 8 MNO INC REFERENCE DATE SHEET N0.
I RAlRm9 Nm fRY6190 / 19 / ' 3
2M BURB" FHOM 00 916-AM LN. SCME
tea' RAN= CAtA CA 9M FAX 00 9*-M CVEN -014 NONE 2 a 4
7058
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
9t I I
I-- 25.00'
I �
1488'59'54'W 1062.71'
�- 937.18'
912.18' I T.P.0
W 27228 SO. FT.
V)
C6 URANIA W
w AVENUE
w ROS 20640
25.00'
I
I
J
-------- T----- - - - - --
\` NORMANDY P.O.C.
ROAD
LEGEND: GRAPHIC SCALE
too o eD 100
- — CENTERLINE
- — — — - RICHT -OF- WAY /LOT LINE mmnmnmml" a
FEET
LIMITS OF EASEMENT `1,Ne 100'
CITY OF ENCINITAS
PIR EC' FIORE
D'E
LEUCADIA WASTEWATER DISTRICT SEWER EASEMENT
CONSULMN09 INC
REFERENCE
DATr
SNEET Na
8 / 19 / 13
L11m IlA1000 Ym
2X% BTR RAW PPONE 8M9) 916-M
J.N.
SCALE
POOr[TmL RANcK CALU M 9= FAX 00 916.=
CVEN -014
10=100,
3 n 4
7059
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
I
S N88'59'54Y111062.71'-
1 i 937.18'
125.53' 912.18'
w 27228 I SO. FT.
�1
N
1
1 I
� 1 I
I
PIRAEUS R ®S 20b9®
I
I
STREET -------------r----------
NORMANDY
ROAD
LEGEND:
CENTERUNE
RIGHT —OF— WAY /LOT UNE
UMITS OF EASEMENT
GRAPHIC SCALE
Tao o m Tro
( IN FEET)
1' a 100'
CITY OF ENCINITAS
M
lz
w
1n
W
W
1n
RRaru FIORE
ME
LEUCADIA WASTEWATER DISTRICT SEWER EASEMENT
C&V COIYSULMNOo INC
im w Rm �
RUMENCE
DATE
8/19/13
SNEE mNa
4 a 4
n%BURRANX MM 6149) 916-30
F007i81L RANCH CALUX09A 91510 FAX 00 91 -w
aN'
CVEN -014
SCALE
1" =100'