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1993-738071 44 1 nq_-n7 70 A_7 10 ff 177JV JQ!J1f1 684 03-.NOV-1993 10 : 23 AM IrT Recording requested by: OFF L.1 AL RECORDS rlrF* Encinitas Sanitary District AN DIEGO COUNTY RECORDER'S 11-Fr ANNETTE EVANSs C Ey OUNTY RECORDER When recorded, mail to FEES, 0.00 HA District Engineer Encinitas Sanitary District x; . 505 South Vulcan Avenue fN1 Encinitas, CA 92024 For the benefit of the District) V SPACE ABOVE FOR RECORDER'S USE ONLY SEWER EASEMENT Assessor's Parcel Project DES-133 No. 259-310-22 W.O. No. DES-133 Howard A. Wormslev and Susan B. Wormslev hereinafter designated Grantor(s) , owner(s) of the hereinafter described lands, for a valuable consideration, do hereby GRANT and CONVEY to the Encinitas Sanitary District herein designated Grantee, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right- of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of- way and to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary in the construction, reconstruction and maintenance of said sewer lines or structures incidental thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made ' subject to said easement and right-of-way by this grant is situated in the County of San Diego, State of California,, and is particularly described as follows: See Exhibit "All and Exhibit "B" attached hereto and made a part hereof by this reference. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or m13737 685 be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace an oiled, asphalt or concrete surface with like material and will replace any fence removed by it. n,` Executed this /4' day of ��s U 103. OWNER: Ho and A. Wormsley t Susan B. Wormsley [Signature of OWNER must be notarized. Attach the appropriate acknowledgement. ] This is to certify that the interest in real property conveyed by the deed or grant dated e174 ,`' from Howard A. Wormsley" et. ux. to the ENCINITAS SANITARY" DISTRICT, . a political corporation and/or governmental agepcy, is hereby accepted by order of the Board of Directors on (VCS` 12 1/, /14W and the grantee consents to recordation thereof by its duly authorized officer. Dated: Cle of the Board ENC NITAS SANITARY DISTRICT m13737 686 State of California ) )SS County of San Diego ) i On /'�i ! before me, personally appear iD 6 C _a personally known to me or roved to me on the basis of satisfacto evidence c� OFFICIAL SEAL - -- - €' ^� to be the person(s)whose name_s'is/- a subscnbed`to tfie within instrument and Randy G. Milljou► r b p ,4 NOTARY PUBLIC CALIFORNIA acknowledged to me that(he. a/the executed the same in C i Iher/their PRINCIPAL OFFICE IN SAN DIU.GO COUNTY authorized capacity(ies) and that b._'s er/their signatures) on the instru-ment My Commission Expires tan. 6, 1995 the person(s), or :he entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (Seal) Signature State of California ) )SS County of San Diego ) q 2 /, On a �� /. J 1 before me,_ (/!/tC L1 44Z JL OFFICIA1 SEAL personally appeared Randa G. Milljour personally known to mea(proved tome on the basis of satisfactory evidence) °5 c, NOl-AR PUt3L!C OFFICE I htlIA to he the person(s)whose name s i e subscribed to the within instrument and PRINC,PAI_oFr.c�!N 1� ( ) ( �.1,�a�/ SAN DIEGO COUNTY acknowledged to me that kklie!they executed the same in his;'he eir u H% acknowledged - hIy Commission Expirets Ian 6, 1995 authorized capacity(ies) and that by hi /he�lieir signature(s) on the instrument the person(s), or the entity upon behal�of which the person(s) acted, executed the instrument. WITNESS_�my hand and official lseal. (Seal) � i�' ✓�.�/` '1' Signature 6 8 7 EXHIBIT "A" The Northerly 15. 00 feet of the South half of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to Official Plat thereof. EXCEPTING THEREFROM the Westerly 62 feet and the Northerly 10 feet thereof. I j i I k f 1 m13737 1 i 688 ge"FiWA/ OK' S9°53'4 "W t I S0551C 10AI L/NE i , N , APIV tN t 259-3/0-20 h l APIV I M E-X�sT�iUf�' E45°E/i9c�/VT /D' I I � r TO ENC 11V11-4S 54&1rX,1?y .O/5°T?/CT t II I � t � SCALE: LEGEND NODW'22 E EA.SEMEit/T Eit/C1iVlr,4s s4it//r,4�Y O/.S'r�'/cr ,--X1-11e1r .5EE/V IAM DRIVE SEWER ag"4�Nr 8