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1991-273044 1908 X ^: Recording Requested by: ) Encinitas Sanitary District ) When Recorded, Mail to: ) District Engineer ) .Encinitas Sanitary District ) 527 Encinitas Boulevard ) Encinitas, CA 92024 ) For the benefit of the District ) SPACE ABOVE FOR RECORDER' S USE ONLY SEWER EASEMENT y Assessor 's Parcel Project TPM 89-012 t No. 256-312-09 W.O. No. 9492N ` Log No. N/A City of Encinitas , a Municipal Corporation hereinafter designated Grantor(K) , /ownerM of the hereinafter described lands, for a valuable consideration, do(es) 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. TF/03/CR06-388wp5 (11-28-89-1) i j 1909 The real property referred to herein and made subj to said easement and -right-of-way by this grant is situated tt County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" 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 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 tot he 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 any oiled, asphalt or concrete surface with like material and will replace any V fence removed by it. y 3 TF/04/CR06-498wp5 (3-21-90) 1 1 Executed this 13-4 day of M ,4 , 19 �. OWNER: City of Encinitas B Y GrT Y MANAG�l2 By: [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 MAC 13;1i1 from CfTy of ,Eivcj,,y'jr0S to the ENCINITAS SANITARY DISTRICT, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on MAY oil lgcvl and the grantee consents to recordation thereof by its duly authorized officer. Dated: -EPFeINI 8-SAN-1-'AR-Y-P-j£-R-j42; '--- i E. Jane Pool Clerk of the Board d TF/03/CR06-388wp5 (11-28-89-1) i 1911 STATE OF CALIFORNIA } } ss COUNTY OF SAN DIEGO On this / 3 r4 day of "A , 19?/ , before me, the undersigned, a Notary Public in and for said County and State , personally appeared WAMEn/ W- _ SffFtFE-R personally known to me to be the G A E of _C_ i7rx oic Edc rIVY 7-`5 and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision , and acknowledged to me that such public corporation, agency , or political subdivision executed the same. WITNESS my hand and official seal . r Notary Public in and for said SEAL County and State {F CAI AL PAMCIA DREW N k1, ��QRNIA 1912 EXHIBIT A The Easterly 15. 00 feet of the following described land: Those portions of Parcels 7 & 8 as shown on Record of Survey No. 4764 filed September 11, 1958 , in the Office of the Recorder of San Diego County, said portions hereby conveyed LYING Northerly of the Northerly line of Parcel 1 of Relinquishment No. 14729 to the County of San Diego recorded November 29, 1966, as File No. 187216 of Official Records of said county, and LYING Westerly of that portion of the Westerly right-of-way line of State Freeway 11-SD-5-42 . 0, described as follows: Beginning at a point on said right-of-way line, distant South 76°21100" West, 130 feet from Engineer's Station 1586+00 on the centerline of said State freeway; thence along said right-of-way line the following numbered courses: (1) North 10° 1.2158" West, 253 . 61 feet, (2) North 16°51 ' 12" West, 672 . 43 feet to a point distant South 76° 21100" West, 165 feet from Engineer' s Station 1597+50 on said centerline. 1 1913 EXHIBIT B CITY Or ENCINITAS ENCINITAS SANITARY DISTRICT a z �9 _PROPERTY SEWER EASEMENT PLAT h !� LOCATION z R v w � • _ _.UMI • 1 p y •sue a o C 251-3i2—D— c� —T1��q PcE 9 r- r N C C>S $7&4— , SeWER ASEME F \AJ O liNioN Sr. R.S. 467- L