2000-108288RECORDED RFQUEST�OF'�
FirstAmerican Title
SUBDIVISION MAPPING DEPT.
Recording Requested by:
Leucadia County Water District
When Recorded, Mail to:
District Engineer
Leucadia County Water District
1960 La Costa Avenue
Carlsbad, CA 92009
For the benefits of the District
Assessor's Parcel
No. 255- 040 -55
k
7622 DOC # 200M108288
Mar 02.v 2000 4:29
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GR EGORY 3, SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
P
1111111111111111111111111111111
GRANT OF EXCLUSIVE SEWER EASEMENT
Project,
W.O. No.
LB/L —
Concordia
Carlsbad -28
LLC,
a Delaware
Limited
Liability
Company,
its
V
11
it
successors and assigns, ( GRANTOR ) hereby grants to the LEUCADIA COUNTY WATER
DISTRICT, a governmental entity and its successors and assigns, ( "GRANTEE "), a perpetual
exclusive 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 referred to as "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 Carlsbad, 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 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.
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.
7623
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.
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 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.
IN WITNESS WHEREOF, GRANTOR executed this Easement on this 3th day of
February , 2000
LB/L— CONCORDIA CARLSBAD -28 LLC, a
Delaware Limited Liability Company
By: LB/L Concordia Master LLC, its sole member
By:
Melvin T. An rews
Its: President and Authorized Signatory
STATE OF CALIFORNIA )
)SS.
COUNTY OF 1o5 An�de5 )
7624
On F hr'uar.f S, 7,000 , before me, I yn ✓ 0 6f , a Notary Public in and for
said County and State, personally appeared T. Andrews ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name�,�e subscribed to the within instrument and acknowledged to me that
0'�ep executed the same in Li /leB4tcii authorized capacityW, and that by jq/ir
signature(, on the instrument the person of the entity upon behalf of which the person(
acted, executed the instrument.
WITTINESS my hand ano o 4-a seal.
i
Notary Public
G PAM SCOTT o
R COMM. #1233866 R
S NOTARY PUBLIC • CALFORMA S
2 LOS ANGELES COWN 2
• My Comm. EtObes October 1, 2003
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated
'2�Z r-/ 0 0 from LB /L Concordia Carlsbad — 28 LLC to Leucadia County Water
District, a political corporation and/or governmental agency, is hereby accepted by order of the
Board of Directors of Leucadia County Water District on (or_ by the
undersigned officer or agent on behalf of the $nor i of Tlirrrtmr of Leucadia County Water
District pursuant to authority conferred by Resolution No. 410 of tbr Board of Directors of
Leucadia oun y Water Distnct adopted on December 14, 1972), and the Grantee consents to
recordation thereof by its duly aut onze officer.
DATED: 2 1 q l Oc7
S CRET MANA
LEUCAD COUNT WATER DISTRICT
EXHIBIT "A"
PARCEL 1
7625
A STRIP OF LAND 20.00 FEET WIDE, LYING WITHIN THE NORTH HALF OF LOT 13 OF RANCHO
LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON SEPTEMBER 15, 1911; THE CENTERLINE OF SAID 20.00 FOOT STRIP BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST
OF SAID LOT 13, SOUTH 2 051'
OF SURVEY MAP NO. 5422) 66
85 039'57" EAST 1381.77 FEET
AS .SHOWN ON ROAD _SURVEY MAP
OF SAID SAN DIEGO COUNTY.
CORNER OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE
45" EAST (SOUTH 2 050130" EAST RECORD AS SHOWN ON RECORD
L.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
TO THE WEST LINE OF RANCHO SANTA FE ROAD, 60 FEET WIDE,
NO. 454 -A, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER
THE SIDELINES OF SAID 20.00 FOOT STRIP ARE TO BE LENGTHENED OR SHORTENED TO
TERMINATE IN SAID WESTERLY LINE OF LOT 13 AND SAID WEST LINE OF RANCHO SANTA FE
ROAD.
SAID 20.00 FOOT STRIP CONTAINS AN AREA OF 27,632 SQUARE FEET, MORE OR LESS.
PARCEL 2
A STRIP OF LAND 20.00 FEET WIDE, LYING WITHIN THE NORTH HALF OF LOT 13 OF RANCHO
LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON SEPTEMBER 15, 1911; THE SOUTHWESTERLY SIDELINE OF SAID 20.00 FOOT
STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE
OF SAID LOT 13, SOUTH 2 051'45" EAST (SOUTH 2 050'30" EAST RECORD AS SHOWN ON RECORD
OF SURVEY MAP NO. 5422) 661.35 FEET; THENCE NORTH 85 039'57" EAST 90.22 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 39 016'00" EAST 180.59 FEET TO "POINT A ";
THENCE, CONTINUING, SOUTH 39 016'00" EAST 70.00 FEET TO "POINT B ".
THE SIDELINES OF SAID 2
NORTHWESTERLY TO TERMINATE
COURSE DESCRIBED AS NORTH
SOUTHEASTERLY TO TERMINATE
AND PASSING THROUGH "POINT
B ".
0.00 FOOT
IN A LINE
85 °39'57"
IN THE ARC
A" WHICH
STRIP ARE TO BE LENGTHENED OR SHORTENED
PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE
EAST 90.22 FEET AND LENGTHENED OR SHORTENED
OF A CURVE CONCAVE SOUTHEASTERLY BEGINNING AT
HAS A RADIUS OF 70.00 FEET LOCATED AT "POINT
SAID 20.00 FOOT STRIP CONTAINS AN AREA OF 3,247 SQUARE FEET, MORE OR LESS.
PREPARED BY: 'CJAJ..r -Mt S' VJ`fpa
DENNIS A. BROWN, PLS 4
DATE
BUCCOLA
ENGINEERING, inc.
3142 Vista Way, Suite 301 760/721 -2000
Oceanside, CA 92056 FAX 760/721 -2046
PACIFIC
OCEAN
CITY OF OCEANSIDE
CITY OF ENCINITAS
VICINITY
RANCHO SANTA FE ROAD
& RS 454A
NOT TO
SGLE
O
/NOy
1 CITY OF NSTA
Pte\
s �
LS4789 .k
EP, 94M ~
a
�� \rgpF O
1A,1 , 20 �Laoo
POINT OF COMMENCEMENT
EXHIBIT "A ", PARCELS 1 & 2;
NW CORNER LOT 13, MAP 848
COY OF
SAN MARCOS
00
v
00
0
z
SITE
M
0
-I
z 00
J 00
0! M
o N
z ni ,
tiCIN
�j 1%4O
OA
SCALE 1" = 200' n I
�...Z,
PREPARED IN THE OFFICE OF.
B UCCOLA 760172f -2000
ENGINEERING, inc
3142 Vista May, Suite 301, Oceanside, CA 92056
S
PARCEL 1
20' SEWER ESMT. IN
FAVOR OF LEUCADIA
COUNTY WATER DIST.
DEDICATED HEREON
AREA= 27,632 S.F.f
0
h
� Q
ti
O4
�Q
PARCEL 2
20' SEWER ESMT. IN
FAVOR OF LEUCADIA
INN WATER DISTRICT
DEDICATED HEREON
IAREA =3,247 S.F.f
TRUE POINT OF BEGINNING
EXHIBIT "A ", PARCEL 2
N 85'39'57 "E
90.22 —
(N 02'50130 "W REC. ROS 5422)
TRUE POINT OF BEGINNING
EXHIBIT "A ", PARCEL 1
7626
3
4
5
6
-20'
10'
-10' 7
0 8
Co
o\
9
U 10
11
12
13
ml14
a 15
I- -
z
C) 16
' 17
19
20
16'
EXHIBIT T ff
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
SHEET 1 OF 1 SHEET