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1991-273042 : f 185 Recording Requested by: ) Encinitas Sanitary District ) ": When Recorded, Mail to: ) i 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 Assessor' s Parcel Project TPM 89-012 No. 256-152-34 W.O. No. 9492N Log No. 39 Mary E Weidner and William P Weidner hereinafter designated Grantor(s) , owner(s) 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) 1896 The real property referred to herein and made subject to said easement and right-of-way by this grant is situated int he 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 backf ill 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 fence removed by it. TF/04/CR06-498wp5 (3-21-90) 1897 Executed this 7 day of �� �v , 19 OWNER: By: Ma y Weidner William P. Weidner [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 _Fffg4uAAq 2,7, (gCtl from AJILL,4&I /', to the ENCINITAS SANITARY DISTRICT,' a political corporation and%or , governmental agency, is hereby accepted by order of the Board of Directors on %vlp.q i'%, /gclI and the grantee consents to recordation thereof by its duly authorized officer. Dated: -BNe-1 qFAS-eAN3iP-AR-Y--D-If 31R3-C-EL- E. Jane Pool, Clerk of the Board STATE OF MONTANA, Ravalli Countyof.............. --------•------------------ ----- S S. On this.............14th----------------------day of-----February......................................I A. D. 1991--- before me, Mildred P. Unruh .....__. a Notary Public for the State of Montana, M ._.....---- .... ....._.._.. personally appeared................William.P._Weidner --------- ... known to me to:be the person........ whose name........................subscribed to the within instrument, and acknowledged to me that........he.-.--.-._.-•.-.-__.--..executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. L _................ STATE OF CALIFORNIA COUNTY OF San Diego }ss. 1898 On this 27th day of Fbbruary in the year 19 91 before me, the undersigned, a Notary Public in and for said State, personally appeared by'.r }..pf k 1i.: ;�•�,.-4�,yt�e.u5+ L:'r ` SEAL ;-flary E. ei er-^ ANN £ KNIGHT Notary Fu`,ic-C 1 fore is personally known to me SAN DIEGO COUNTY (or proved to me on the basis of satisfactory evidence to be the person—whose name_ My Ccrnm.Exp.Feb. 1993 subscribed to the within instrument,and acknowledged to me that she executed it. WITNESS my hand and official seal. ACKNOWLEDGM ENT—General—Wolcotts Form 233CA—Rev.5-82 Notary Public in and f said State. ©1982 WOLCOTTS,INC. (price class 8-2) J EXHIBIT "A" The Easterly 15. 00 feet of that portion of Lot 31 in Block 1 of Avocado Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1791 filed in the Office of the County Recorder of San Diego County, April 29, 1924 , described as follows: Beginning at the Southwest corner of said Lot 31; thence along the Westerly line of said Lot 31, North 05 016100" East, 100. 00 feet to the Northwest corner of the land described in deed to Robert E. Weidner, et ux, recorded November 22 , 1968 , as File No. 205022 ; thence along the Northerly line of said land North 89 052130" East, 332 . 00 feet to a point herein designated as Point "X" ; thence continuing North 89 052130" East, 89 . 33 feet to the Westerly line of the land described in deed to the State of California recorded June 8 , 1962 , as File No. 97630 of Official Records; thence Southeasterly along said Westerly line of the land described in deed to the State of California to the Southerly line of said Lot 31; thence along the Southerly line of said Lot 31, North 89 052130" West, 129 . 87 feet to a point on said Southerly line herein designated as Point "Y" ; thence continuing along said Southerly line North 89 052130" West, 332 . 00 feet to the Point Of Beginning. EXCEPTING therefrom that portion lying Westerly of a line drawn from Point "X" to Point "Y" . i pm/04/cm14-2092wp5 (1/28/91-2) s e9-ai�4�s•t .• 'cs A { _ 40 © PZ N l v ® _ oe. 1900 POR 0.77AC. ` ti 1Z a� 12 POR 5 4 O. ^' D y� `11 N u ( V i Z �- se!•re-a4-e. zea.7r 26 1.23 AC. POR it 27 W -t1 H 15 2 -)3 sriz I 15 I W 9e POR - SHT. 1 m 28 in z < .6e.se z X641 POR - ^ - �. 29 O > D I n � 24 30 r a o 1.20AC. 4 ✓' NB9'S2'30'E- � 1 m ti /9z 140 e9.a3 3 <� , o o ® 15 z H ' 192 140 129.87 N89 ti 16 ' I Z b 1.56 AC. Lo W 4o - _ j CD UNION t . ^UNNAMED s-r. 655.44 OP. RD. m SHT I v F3 0 w � LA LL. W QZv- of -1 1 Itt ro a - 1^. � 0 Q