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2004-282286�Y I- 1-p O mk.o ►0 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 .�� j On VMS 0 On i , i, is SHEET 2 OF 2