2003-969500I
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RECORDED AT THE REOUESTOF 19319
COMA (?NWEAUH LAND TITLE COMPANY
Recording Requested by:
Leucadia County Water District
When Recorded, Mail to
District Engineer
Leucadia County Water.District
1960 La Costa Avenue
Carlsbad, CA 92009
For the benefits of the District
366 q* 75-4
DOC # 2003�0 61500
AUG 12P 2003 10:58 AM
090 0015N
SAN DIEGO C0OMTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
SPACE ABOVi IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2003 - 0959500
GRANT OF NON- EXCLUSIVE SEWER EASEMENT
( 433 )
Assessor's- Parcel Nos.: Project: 175 La costa Ave.
216 - 052 -03 I W.O. No.:. 3252 -553.
101 INVESTORS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY its
successors and assigns, ("GRANTOR") hereby grants to the LEUCADIA 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. structuies 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 deterrnine.
Said easement is located in the City of Encinitas, County of San Diego, State of California,
and is more particularly described oaExhibits 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 pipelines) 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 pipehe(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 pipeline(s) and related facilities.
GRANTOR additionally reserves to itself, and its successors and assigns the right to erect and
f
19320
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.
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 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.
GRANTOR expressly warrants and represents that it has the power to grant this easement in
accordance with its terms.
19321
IN WITNESS WHEREOF,
on this
101 INVES_ro le 4; Lt-G
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
day of
I I jr
On '� efore meA fa 0 c ihseA_1hen= e au ' le of the officer),
personally a eared sonall known to proved to
me on the basis of satisfactory evidence) to be he person 4 whose nam is/ are subscribed to the
within instrument and acknowledge me that he/shefthey executed the same in his/henttw&t
authorized capacity(, and that on the instrument the person(4 or
the entity upon behalf of which the person(s) acted, executed the instrument.
WI SS my hand and offico seal. DEBORAH FORMIU.ER
COY /� CoSan Dle n t ou ty 8
l/1V�� f' �J—( Nohry Public - Cdlfomle
San Dlpo County
Notary Public My Comm. ExpIm Apr e, 2t1t1E
CERTIFICATE OF ACCEPTANCE
>s is to certify that the interest in real property conveyed by the Deed or Grant dated
7/17 3 from 101 Investors L7 C to Leucadia County Water
District, a political corporation and/or governmental agency, is hereby accepted by order of the
Board of Directors of Leucadia County Water District on 771 ;7//p4t (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: 7/17/03
lac X az
SECRETARY - MANAGER i°CVev6i
LEUCADIA COUNTY WATER DISTRICT
19322
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF THE SOUTH HALF OF SECTION 33, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL GOVERNMENT PLAT THEREOF APPROVED ON
OCTOBER 25, 1875, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 1 OF PARCEL
MAP NO. 8410, RECORDED ON FEBRUARY 8,1979; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL MAP NO. 8410, SOUTH 34 052'04" EAST,
220.09 FEET (SOUTH 35 035'32" EAST PER SAID PARCEL MAP NO. 8410) TO
THE BEGINNING OF A 37.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, NORTHERLY, AND WESTERLY; THENCE LEAVING SAID
EASTERLY LINE ALONG THE ARC OF SAID CURVE, SOUTHEASTERLY,
EASTERLY AND NORTHERLY THROUGH A CENTRAL ANGLE OF 260 015'25"
AN ARC DISTANCE OF 168.06 FEET TO THE BEGINNING OF A REVERSE
28.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE
TO SAID RADIUS POINT BEARS NORTH 25 007'29" WEST; THENCE
WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 80 015'25" AN ARC DISTANCE OF 39.22
FEET TO A POINT THAT IS 20.00 FEET EASTERLY OF, MEASURED AT
RIGHT ANGLES TO SAID EASTERLY LINE OF PARCEL MAP NO. 8410;
THENCE PARALLEL WITH SAID EASTERLY LINE, NORTH 34 052104" WEST,
156.05 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF LA
COSTA AVENUE PER ROAD SURVEY NO. 346; THENCE ALONG SAID
SOUTHERLY RIGHT -OF -WAY OF LA COSTA AVENUE, SOUTH 55 003'57"
WEST, 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 8404 SQUARE FEET MORE OR LESS.
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19323
EXHIBIT "B"
SEWER EASEMENT
LA COSTA AVENUE _
S55 •03' 57 "W
149.39'
129.39'
20.00'
SEWER EASEMENT
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PASCO ENGINEERING
(858)
(858) 259 -8212
535 N. HWY 101, STE. A
SOLANA BEACH, CA 92075
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19323
EXHIBIT "B"
SEWER EASEMENT
LA COSTA AVENUE _
S55 •03' 57 "W
149.39'
129.39'
20.00'
SEWER EASEMENT
o 9`I�p�� ® AREA = 8404 S.F.
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PASCO ENGINEERING
(858)
(858) 259 -8212
535 N. HWY 101, STE. A
SOLANA BEACH, CA 92075
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