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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'