2000-490548q
(�
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 254 -171 -24,25
3322 DOC # 2®t4
Sep 1 3 � 2000 12e,5 P
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHIM COUNTY RECORDER
FEES: 0.00
OC: NA
Illlfllllllllli
SPACE ABOVE FOR RECORDERS USE ONLY
GRANT OF EXCLUSIVE SEWER EASEMENT
WWMENTARY TRANSFER TAX
( #360)
Project Gascony Road
W.O. No. 2651 -(50)
Alice S. Bachmann Marital Trust , its 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 "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 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.
3323
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 3/ day of
GRANTOR pp,.�//�� �}
PvAlleive RdWPT PACPMP"t Paee 2
EXHIBIT
v
n
Q
14
m
E
V r
o N
N
_ N
Ul
E
1
r
°
1000'
L2
N05 051130 "W
20.00'
L3
I
1000'
C
n
X
�
D
d
N
o
o UI
o
D
W
C
-p
o
O
�9
C
to
r
�c
r9
n
D
�c
0�
N
71
CA
F9
N
F9
N
d
D
J
f'0 l
3
70
F
z
m
.-0
D
Z
f'l
d
O
!'l
, Q, 3324 LINE DIRECTION DISTANCE
N89 °39'10
0
L1
N84 008'30 'E
1000'
L2
N05 051130 "W
20.00'
L3
SeV08'30 "W
1000'
L4
S05 °51130 "E
20,00'
3
D
n u
7iJ
F71 z
v, o
N84 °08'27 "E 234.84"
D o
n
�J `D
FTl
A
F—
W
Z
I E8N
1
I
i
la ,ot
z ,oz
1
i
1�
1�
in
1�
1�
I Z
D °
1
d cn
1 CD
o IZ
£ 1�
° 1 cJl
o
w 1 CJ1
CD
cc
� 1
C
1
1
I
2 � G
W \
� O
O _ \
r�
A
O
3325
EXHIBIT "B"
EASEMENT DESCRIPTION
GRANTED TO LEUCADIA COUNTY WATER DISTRICT
L.C.W.D, 2651 -50 GASCONY PARCEL MAP
GASCONY RD., LEUCADIA, CA 92024
ALL THAT PORTION OF LOT 14 OF CREST ACRES, ACCORDING TO MAP NO. 20199
LOCATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED MAY 3,1927;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 14, THENCE NORTH
05 51'30" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
NORTH
84
08730"
EAST,
10.00 FEET;
THENCE
NORTH
05
51'30"
WEST,
20.00 FEET;
THENCE
SOUTH
84
08'30"
WEST,
10.00 FEET;
THENCE
SOUTH
05
51'30"
EAST,
20.00 FEET TO THE TRUE POINT OF BEGINNING.
THE AREA OF DEDICATION IS 200.00 SQ.FT. OR 0.01 ACRES MORE OR LESS.
3326
QUERY - AREA
Direction
-- ------ -- - - - - --
N
842
08'
30"
E
N
052
511
30"
W
S
842
08f
30"
W
S
052
51'
30"
E
Distance
10.00
20.00
10.00
20.00
North
9959.46
9960.48
9980.37
9979.35
9959.46
Square Feet Acres
200.00 0100
Error of Closure = N 0.0000 E 0.0000
Closing Course = N 902 00' 00" E 0.0000
Closing Precision 1: 6000000000.00
East
Node #
9742.44
201
9752939
202
9750.35
203
9740.40
204
9742.44
201
3324
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
, c `5b eCh ' )
On 3/ 2" before me ere sert the name and title of the officer),
personally appeared o„ , M`d @� ""` ,personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s)Yis /are subscribed to the
within instrument and acknowledged to me that he/she /they executed the same in his At r /their
authorized capacity(ies), and that by h64her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Not ublic
MARGARETL.BARELMANN
CL e° '• COMM. #1203454 m
m:y� Notary Public- California
SAN DIEGO COUNTY
My Comm. Exp. Dec. 29, 2002
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated _
9/12/00 from Alice S,Bachmann Trust 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 9/12/00
(or by the undersigned officer or agent on behalf of the Board of Directors of Leucadia County
Water District pursuant to authority conferred by Resolution No. 410 of the Board of Directors of
Leucadia County Water District adopted on December 14, 1972), and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: y' z o u
CRETARY- MANAGER
LEUCADIA COUNTY WATER DISTRICT
Exclusive Sewer Easement Page 3