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
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P,1VL 3303
SCALE: � 1� Pp= 100
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CFRE'S ETTAT�S UNIT NO I 1
MAP NO,
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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
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N72'56'34 "E 131.62' 60,
33.53' °o P,AA, 5440
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a
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u DRIVE
PARGE
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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