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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.
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