2004-282286�Y
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111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII VIII VIII VIII IIII IIII
2001.0262266
Recording Requested by:
Leucadia Wastewater District
When Recorded, Mail to
District Engineer
Leucadia Wastewater District
1960 La Costa Avenue
Carlsbad, CA 92009
For the benefits of the District
8971
DOC # 2804 - 8282286
APR 050 2004 12:01 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GI Y J, SNITHo COUNTY RECORDER
FEES: MOO
OC: NA
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF NON - EXCLUSIVE SEWER EASEMENT
( 441 1
Assessor's Parcel Project No. 3252 -579
No. 216 - 063 -02, 216- 063 -03, 216 - 063 -08
California Cove at Encinitas LLC , 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
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 (list attachments) 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 LWD District Engineer and constructed by GRANTOR under an LWD
development agreement with inspection and final acceptance by LWD. Within a reasonable time
following acceptance of installation of said pipeline(s) and related facilities, GRANTOR shall
complete LWD 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 cant' 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.
Non - Exclusive Sewer Easement Page I
8972
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 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 attorney's 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
8973
GRANTOR expressly warrants and represents that it has the power to grant this easement in
accordance with its terms.
14IN WITNESS WHEREOF, GRANT R executed this 4sement on this day of
14A IN
1, 20 A. M1i fn U16 rei a-& n �� �
�E
� � v 7'ruc�t llo
STATE OF CALIFORNIA )
OSAN EARL ) ss.
COUNTY OF O )
31 i i IDS &)ZO/ S - U)[) 21 V 0 ln2Cf ptt bt cL
On before me, (here insert t name and titteof the officer), personally appeared
W 1.5 Z 'r4U%1 _4krsonally known to me (ar proved to
be the person whose name( is /are subscribed to the within instrumenj and acknowledged tome
that he/ske/they executed the same in his/he;/4 v authorized capacity(i #, and that by his/13er#Heir
signature() on the instrument the person(, or the entity upon behalf of which the person) acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public V
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated
from California Cove LLC 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
(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, 1972), and the Grantee consents to recordation thereof
by its duly authorized officer.
DATED 7Z Lla/ l
SECRETARY AN
LEUCADIA NIASTEWATER DISTRICT
Non - Exclusive Sewer Easement Page 3
8974
EXHIBIT `A'
LEGAL DESCRIPTION FOR
PUBLIC SEWER EASEMENT
THAT PORTION OF LOT 7,CITY OF ECINITAS TRACT NO. 02- 045,COUNTY OF
SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
AS FILE /PAGE NO. OF
OFFICIAL RECORDS, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 8, ALSO CALLED
THE POINT OF BEGINNING; THENCE
1. NORTH 00 040'24" EAST 86.14 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING
2. NORTH 00 040'24" EAST 41.00 FEET; THENCE
3. SOUTH 89 019149" EAST 111.22 FEET TO THE BEGINNING OF A
TANGENT 33.50 -FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE ARC OF
SAID CURVE
4. NORTHWESTERLY 46.63 FEET THROUGH A CENTRAL ANGLE OF
79 044'57 "; TO THE BEGINNING OF A
TANGENT 485.50 -FOOT RADIUS COMPOUND
CURVE CONCAVE WESTERLY; THENCE ALONG
THE ARC OF SAID CURVE
5. WESTERLY 115.32 FEET THROUGH A CENTRAL ANGLE OF
13 036136 "; TO THE BEGINNING OF A
TANGENT 24.00 -FOOT RADIUS COMPOUND
CURVE CONCAVE SOUTHWESTERLY; THENCE
ALONG THE ARC OF SAID CURVE
6. SOUTHWESTERLY 23.38 FEET THROUGH A CENTRAL ANGLE OF
55 048133 "; TO THE BEGINNING OF A
TANGENT 42.00 -FOOT RADIUS REVERSE CURVE
CONCAVE NORTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
7. NORTHEASTERLY 34.38 FEET THROUGH A CENTRAL ANGLE OF
46 054'06 "; THENCE
Pagel of 3
-%
8. NORTH 73 009135" WEST
9. NORTH 00 040'24" EAST
8975
124.86 FEET; THENCE
20.82 FEET; THENCE
10. SOUTH 73 009'35" EAST 125.59 FEET TO THE BEGINNING OF A NON -
TANGENT 42.00 -FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE ALONG THE ARC OF SAID
CURVE
11. SOUTHERLY 145.76 FEET THROUGH A CENTRAL ANGLE OF
198 050139" TO THE BEGINNING OF A
TANGENT 24.00 -FOOT REVERSE CURVE
CONCAVE EASTERLY; THENCE ALONG THE ARC
OF SAID CURVE
12. EASTERLY 16.67 FEET THROUGH A CENTRAL ANGLE OF
39 047129" TO THE BEGINNING OF TANGENT
526.50 -FOOT REVERSE CURVE CONCAVE
WESTERLY; THENCE ALONG THE ARC OF SAID
CURVE
13. WESTERLY 138.09 FEET THOUGH A CENTRAL ANGLE OF
15 001'40" TO THE BEGINNING OF A TANGENT
74.50 -FOOT COMPOUND CURVE CONCAVE
NORTHWESTRLY; THENCE ALONG THE ARC OF
SAID CURVE
14. NORTHWESTERLY 103.70 FEET THOUGH A CENTRAL ANGLE OF
79 044157 "; THENCE
15. NORTH 89 019'49" WEST 111.23 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 21,255 SQUARE FEET, MORE OR LESS.
THIS LEGAL
DESCRIPTION HAS
BEEN PREPARED BY ME,
OR UNDER MY
DIRECTION,
IN CONFORMANCE
WITH THE PROFESSIONAL
LAND SURVEYOR ACT.
MI
i I ` L.S. 7449
A. MARTINEZ P.L.S. 7443
Page 2 of 2
011-51104
DATE
8976
309PR -SWR
Page
1
PROJECT: 309.0
Figure Name: 309PSWR
North: 1975334.5162
East:
6239203.5865
Course: N 00 -40 -24 E
Distance: 41.00
North: 1975375.5133
East:
6239204.0682
Course: S 89 -19 -49 E
Distance: 111.22
North: 1975374.2131
East:
6239315.2848
Arc Length: 46.63
Radius: 33.50
Delta: - 79 -44 -57
Tangent: 27.99
Chord: 42.95
Ch Course: N 50 -47 -43 E
Course In: N 00 -40 -11
E
out: S 79 -04 -45 E
Ctr
North: 1975407.7108
East:
6239315.6764
End
North: 1975401.3642
East:
6239348.5697
Arc Length: 115.32
Radius: 485.50
Delta: - 13 -36 -36
Tangent: 57.93
Chord: 115.05
Ch Course: N 04 -06 -57 E
Course In: N 79 -04 -45
w
Out: N 87 -18 -39 E
Ctr
North: 1975493.3427
East:
6238871.8620
End
North: 1975516.1211
East:
6239356.8274
Arc Length: 23.38
Radius: 24.00
Delta: - 55 -48 -33
Tangent: 12.71
Chord: 22.46
Ch Course: N 30 -35 -37 w
Course In: S 87 -18 -39
w
out: N 31 -30 -06 E
Ctr
North: 1975514.9951
East:
6239332.8538
End
North: 1975535.4581
East:
6239345.3944
Arc Length: 34.38
Radius: 42.00
Delta: 46 -54 -06
Tangent: 18.22
Chord: 33.43
Ch Course: N 35 -02 -51 w
Course In: N 31 -30 -06
E
out: S 78 -24 -12 w
Ctr
North: 1975571.2683
East:
6239367.3405
End
North: 1975562.8255
East:
6239326.1978
Course: N 73 -09 -35 w
Distance: 124.86
North: 1975598.9975
East:
6239206.6945
Course: N 00 -40 -24 E
Distance: 20.82
North: 1975619.8195
East:
6239206.9392
Course: S 73 -09 -35 E
Distance: 125.59
North: 1975583.4359
East:
6239327.1416
Arc Length: 145.76
Radius: 42.00
Delta: 198 -50 -39
Tangent: 253.10
Chord: 82.87
Ch Course: S 63 -44 -15 E
Course In: S 73 -09 -35
E
out: S 54 -18 -56 E
Ctr
North: 1975571.2683
East:
6239367.3405
End
North: 1975546.7688
East:
6239401.4546
Arc Length: 16.67
Radius: 24.00
Delta: - 39 -47 -29
Tangent: 8.69
Chord: 16.33
Ch Course: S 15 -47 -20 w
Course In: S 54 -18 -56
E
Out: S 85 -53 -35 w
Ctr
North: 1975532.7690
East:
6239420.9484
End
North: 1975531.0502
East:
6239397.0100
Arc Length: 138.09
Radius: 526.50
Delta: 15 -01 -40
Tangent: 69.44
Chord: 137.70
Ch Course: S 03 -24 -25 w
Course In: S 85 -53 -35
W
out: S 79 -04 -45 E
Ctr
North: 1975493.3427
East:
6238871.8620
End
North: 1975393.5967
East:
6239388.8272
Arc Length: 103.70
Radius: 74.50
Delta: 79 -44 -57
Tangent: 62.24
Chord: 95.53
Ch Course: S 50 -47 -43 W
Course In: N 79 -04 -45
w
Out: S 00 -40 -11 w
Ctr
North: 1975407.7108
East:
6239315.6764
End
North: 1975333.2159
East:
6239314.8055
Course: N 89 -19 -49 w
Distance: 111.23
North: 1975334.5162
East:
6239203.5865
Perimeter: 1158.65
Area: 21255.62
0.49
acres
mathematical Closure - (uses
Survey
units)
Page 1
Error of closure: 0.000
Precision 1: 1158646717.48
0
Page 2
309PR- SWR.txt
course: 5 90 -00 -00 E
PROJECT: 309.0
Page 2
8977
EXHIBIT 'B' SHEET 1 OF 2
BASIS OF BEARINGS.
771E 8AS75 OF BEARING FOR
171 /S ORAMING lS 771E
EAS7ERL Y UNE 0< LOT 8
MAP IN�63
LEGEND:
PR00ER7Y LINE
IND/CA7ES .SEIf£R EWT. AWARD
AREA= 21,255 91 (0.49 AC)
P.O.B. POINT OF 8EGNN/NG
T.P.O.B. TRUE POINT OF SE67NNING
ASSESSORS PARCEL NOS.
216 - 053 - -02 216- 06j-09
216-00-0
REFERENCE DWG. N0.
MAP N0. 2053
PARTNERS
Planning and Engineering
15938 Bernardo Center Drive
San Diego, CA. 92127
Ph. (858) 376 -3444
Fax: 4% 376 -3555
MIGUEL A. "MAR7INEZ
P.L.S. 7443 EXP. 06 -30 -06
309ESMT2. dwg 12 -2 -03 11:31.• 46 am EST
aXIRPE TABLE
NO.
DELTA
RADIUS
LENGTH
C1
794457"
33.50'
46.63"
C2
133636"
485.50"
11532"
C3
5548'33'
24.00'
23.38"
C4
4654615"
42.00'
34.38'
C5
1985039"
42.00'
145.76'
G6'
3947'29"
24.00'
16.67'
C7
15D740"
526.50"
13809"
C8
794457"
74.50'
10370
o�pl
LANG
p•
M
Rcz
�
L.S.
7443
° \ Exp. 06 /30/06
23
I
EXHIBIT H
8979
On
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SHEET 2 OF 2