2007-144248Recording Requested by:
Leucadia Wastewater District
I O When Recorded, Mail to
District Engineer
! Leucadia Wastewater District
1960 La Costa Avenue
Carlsbad, CA 92009
DCC # 2007 - 0144248
11111111111111111111111111111111111111111111111111111111111111111111 IN IIIII
MAR 02, 2007 12:43 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES. 0.00
8731
OCI
PAGES "5
SPACE P I Mill Hill Hill Hill 11111 Hill pill Hill pill Hill Hill hill Hill Hill Hil 111111
476 200770144248
GRANT OF NON - EXCLUSIVE SEWER EASEMENT
Assessor's Parcel LWD Location Code 3252 -708
No. 216 - 052 -10
Eaton Beach Estates, Inc., 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
pipelines and /or mains, manholes, sewer lateral pipelines, and all structures and appurtenances
incidental thereto, (hereinafter "facilities "), above and below ground, at such locations 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 facilities. GRANTOR
additionally reserves to itself, and its successors and assigns the right to erect and maintain
fencing and gates within or to the easement as long as the fencing does not unreasonably
interfere with GRANTEE's use and maintenance of its facilities and GRANTEE is given a key
to gates that are locked.
GRANTOR shall not alter the easement grade or obstruct the surface area. GRANTOR
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.
Appendix B Non - Exclusive Sewer Easement
10/2/06 as to Form Page 1 of 3
8732
Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right to
alter, trim and/or remove landscaping or other improvements within the easement, including
paving, as GRANTEE deems necessary for maintenance or repair purposes; or to otherwise
exercise its rights under this easement, and GRANTOR waives any right to compensation for the
alteration or removal of such improvements.
For routine construction, repair, and maintenance of GRANTEE's facilities 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 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.
Appendix B Non - Exclusive Sewer Easement
10/2/06 as to Form Page 2 of 3
8733
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 Ala day of
GRANTOR
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
�/D P"//c
On
.� A7 , before me, /ilogt eas, (herb insert the name and title of the officer),
per onally a eared /PP�(iyrv/ eCae Are , personally known tome (or proved to
me on the basis of satisfactory evidence) to be the person(v) whose name(�&are subscribed to
the within instrument and acknowledged to me tha a he /they executed the same in
Kf 6@her /their authorized capacity(kV), and that by er /their signature on the instrument the
persona o, or the entity upon behalf of which the person(k acted, executed the instrument.
WITNESS my hand and official seal. K. DOUM
Commission # 1484026
@My Notary Public - California
San Diego County
Notary Public Comm. Ex;*es May 15,2008
CERTIFICATE OF ACCEPTANCE
This is to certify
that the interest in
real property conveyed
by
the Deed or Grant dated
2/26/07 from
Eaton Beach
Estates Inc.
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 2/26/07 (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: 2/26/07
Appendix B
10006 as to Form
CRETAR ANA
LEUCADIA WASTEWATER DISTRICT
Non - Exclusive Sewer Easement
Page 3 of 3
8734
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT FOR PUBLIC SEWER
A portion of the Southwesterly 25.00 feet of Encinitas Tentative Parcel Map No.
04 -286, in the City of Encinitas, County of San Diego, State of California, being
the same property as described in Deed to Eaton Beach Estates, Inc. recorded
January 29, 2003 as Document No. 2004 - 0991847, more specifically described as
follows:
That portion of the South Half of Section 33, Township 12 South, Range 4 West,
San Bernardino Meridian, In the City of Encinitas, County of San Diego, State of
California, according to official plat thereof, described as follows:
Commencing at the intersection of the Southerly line of Township Twelve South,
Range Four West, San Bernardino Meridian, with the Easterly line of the
Atchison, Topeka and Santa Fe Railway Company's rights -of -way; thence along
said Easterly line of right -of -way North 14 058109" West, 257.42 feet (Record
North 15 043'30" West, 257.70 feet per Deed described above); thence North
74 055'37" East, 653.45 feet (Record North 74 013'45" East. 653.89 feet per Deed
described above) said point being also the Southwesterly corner of the land
described in said Deed described above; thence North 14 056'49" West (Record
North 15 032'40" West per Deed described above) along the Westerly line of said
land 25.00 feet to the True Point of Beginning; thence continuing North
14 056'49" West (Record North 15 032'40" West) along said Westerly line 285.42
feet; thence North 75 003'11" East 25.00 feet; thence South 14 05649" East
285.37 feet; thence South 74 055'37" West 25.00 feet to the True Point of
Beginning.
AREA OF EASEMENT = 0.16 ACRES
BRIAN
DONALD
No. 26175
CIVIL
EXHI15IT,. f3„ 8 7 35
PLAT - PUBLIC SEWER EASEMENT
LEUCADIA WASTEWATER DISTRICT
APN 216- 052 -10
SCALE: 1"= 60'
0 25 50 75 109
— PUBLIC SEWER EASEMENT GRANTED TO LEUCADIA WASTEWATER DISTRICT
®_ EXISTING EASEMENT FOR PUBLIC ROADWAY, PUBLIC UTILITIES AND FACILITIES
- - - / N83 °44'24'E 9.36"
PCL 3
PM -19238
_y
St
3 °<
ON
43
z
PCL 4
REMAINDER
R
N
PARCEL 2 PARCEL 3
1 \
1 \
N75°03'1 PE 25.00'
J
F
1 3
1
F PARCEL 1 PARCEL 4 P
ENC1N17A8 TPM 04 -286 z
3
ffi
e
z 1
-25 PUBLIC SEWER ESMT 1
20'PRNATE ROAD AND -
PUBLIC U7LITIES ESMT
PUBLIC MLRIES ESMT
REMAINDER
N74055'37'E
25.00'
ANDK W Pa AVENUE
BRIAN
DONALD
No. 26175
CIVIL
I E 7411