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2002-599417007441 DOC # 2002®0599417 7 JUL 179 2002 12 :03 PM Recording Requested by: ) OFFICIAL RECORDS Leucadia County Water District ) SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHIM COUNTY RECORDER When Recorded, Mail to ) FEES: 0.00 District Engineer ) OC: NA ia County Water District 1960 L ) IIIIIIIIIIIIIIII�IIIIIIIIIIIIII�III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1960 La Costa Avenue ) Carlsbad, CA 92009 ) 2002 - 0599417 Eorthe benefits of the District ) SPACE ABOVE FOR RECORDERS USE ONLY Q pAssessor's Parcel 325E ( 417 ) Project 201-53 No. 259 - 560 -68 W.O. No. nc Tract UNIT 2 AHLRICH HOMES, LLC , its successors and assigns, ( "GRANTOR ") hereby grants to the LET CADIA COUNTY WATER 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 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 shall cause said pipeline(s) and related facilities to be: designed, reviewed, and approved by the LCWD District Engineer and constructed by GRANTOR under a LCWD development agreement with inspection and final acceptance by LCWD. Within a reasonable time following acceptance of installation of said pipeline(s) and related facilities, GRANTOR shall complete LCWD approved surface improvements at GRANTOR's sole expense. Thereafter, GRANTOR shall maintain said surface improvements in good condition at all times and GRANTEE shall maintain said pipeline(s) and related facilities in good condition at all times. 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 pipelines) and related facilities. GRANTOR additionally reserves to itself, and its successors and assigns the right to erect and maintain gate(s) Non - Exclusive Sewer Easement Page 1 1099135 00'7442 within or to the easement as long as GRAN'T'EE 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. 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. 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 parry 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. Non - Exclusive Sewer Easement Page 2 00'7443 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 AHLRICH HOMES, LLC, A NEVADA LIMITED LIABILITY COMPANY GRANTO STEVEN R. REID, MANAGER STATE OF CALIFORNIA ) ROBERT LAING, AGER ) ss. COUNTY OF SAN DIEGO ) On MLJ 1, before m ° (� gCl�Gt ee name and of the officer), (here`s n personally appeared STEVEN R. REID ROBERT LAING, personally known to me (4G-me to be the person whose name is14g)subscribed to the within instrument and acknowledged to me that aefsh xecuted the same in hi&Aws4ke authorized capaci ies and that by 1 eWy gnaturco on the instrument the personoor the entity upon behalf of which the person s) cted, executed the instrument. This is to certify that the interest in real property conveyed by the Deed or Grant dated 7/16/02 from ALHRICH HOMES LLC to Leucadia County Water District, a political corporation and/or governmental agenc�y� e is her2eby 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 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: 7110.61.tzy SECRETARY - MANAGER LEUCADIA COUNTY WATER DISTRICT 00'7444 EXHIBIT `A' LEGAL DESCRIPTION -SEWER EASEMENT A PORTION OF PARCEL i OF PARCEL MAP NO. 5440 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 30, 1976, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID PARCEL 1 SOUTH 89042'12" EAST 183.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG THE SAID NORTHERLY PROPERTY LINE SOUTH 89 042'12" EAST 32.00 FEET TO A POINT ON AN 80 FOOT CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 89 042'12" EAST; THENCE LEAVING SAID NORTHERLY PROPERTY LINE AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 23 019'02" A DISTANCE OF 32.56 FEET TO A POINT WITH A RADIAL BEARING SOUTH 66 °23'10" EAST; THENCE TANGENT TO SAID CURVE SOUTH 23 036'50" WEST 109.97 FEET; THENCE NORTH 66 °23'10" WEST 32.00 FEET; THENCE NORTH 23 036'50" EAST 109.97 FEET TO THE BEGINNING OF A TANGENT 48 FOOT CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 66 023'10" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 019'02" A DISTANCE OF 19.53 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 89 °42'12" EAST. CONTAINS 0.100 ACRES, MORE OR LESS. JORGE H. PALACIOS, RCE 32031 Gfnotes 4MSU.EGAL SE,VEn.wpd PARCEL 9 EXHIBIT "B" 007445 r) R r r' 1 ,P,N, rr TIC�� 3 J P,1VL 3303 SCALE: � 1� Pp= 100 N00'35'14 "E 199.31' PARCEL P, IM, 3303 s v� T N N N W M 0 M M Cn a PAFICEL I PAJJ, 6440 I 37/ 38 39 I P.0.8. 40 4-1 CFRE'S ETTAT�S UNIT NO I 1 MAP NO, N00'32`31 "E 258.05' F� 7 R\ 4 38g4? j2„ . C) L t ii 4 . 19� � ly rift 0. i � \N pp' t? N oar N "?3365062? \p9 s3 \\ N ��I� m N66'23'10 "W F 1pg w(� \ ��t �ICl z 32.00' 9j' \ 000 _t z v to Ltl N23036'50 "E \ 4 38 *229322tzJ 109.97' \ Z 100.00' / LL, 25.42' = 66.98' T S58'44'22 "E 46.65' 6g 65 •00\ T.P.O.B. S82'51'38 "E "00'17'48" 109.32' �`�1 �69g2 �36- 50.36' /1 A= 23'19'0 I2 W(R �F(RJ N89'42'12 "W R- 80.00' 89.00' i oa0 L= 32.56' A= 14'31'59' P'riG5L Ni 21.19' 512 "E 3 "001748 "E �Z,29• L= 83.0700 N72'56'34 "E 131.62' 60, 33.53' °o P,AA, 5440 Z a PArRCEL 3 a HICKORMILL u DRIVE PARGE 4 z 1t ic7 1 � —1 cwt ELl L� LLt cc m z LL N LL C a Po1q, a HICKORMILL u DRIVE PARGE 4 z C) cwt N00' 8'14 "W 7.00' N � s zI PAFRCEL 4 PAFRGEL J r' 29 "E 195.05' Q= 12'36'50" PArRGEL '1 R= 228.00' P,PJI, 9395 L= 50.20' ® - PROPOSED SEWER EASEMENT = 0.100 ACRES EXHIBIT "B" SHEET 1 OF 1 SEWER EASEMENT A.P.N. 259 - 560 -68