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1993-92649 vsry Recording Requested by: ) Encinitas Sanitary District ) -J.', -H 1 ' r ' When Recorded, Mail to: District Engineer ) Encinitas Sanitary District ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the District ) SPACE ABOVE FOR RECORDER' S USE ONLY SEWER EASEMENT Assessor' s Parcel Project Dc-S'-/33 No. 259-310-22 W.O. No. 0es_ 133 Howard A. Wormsley and Susan B. Wormsley hereinafter designated Grantor(s) , owners) of the hereinafter I 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 j 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/04/CR09-726wp5 (3-18-91/1) 1423 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 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 fence removed by it. I TF/04/CR06-498wp5 (3-21-90) d 4,24 Executed this day of 19 . OWNER: How d A. Wormsley % G B y; 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 11-18-CM from to the ENCINITAS SANITARY DISTRICT, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on a6 and the grantee consents to recordation the-- of by its duly authorized officer. Dated: 1 f-3 6. Clerk o he Board ENCINIT SANITARY DISTRICT TF/04/CR09-726wp5 (3-18-91/1) State of California ) )ss County of San Diego ) ,ems On before me CI�GCLk�Q_ �i /'�`t ll U o � e .. personally appeared Y +F OFFICIAL SEAL personally known Y to me(or proved to me on the basis of_satisfactory_evidence) Banda G. l�till'aur - __ -_ e c p a�NOTARY PUBLIC-CALIFORNIA to be the person(s)whose nam s >s -re subscri _� bed to the within instrument and PRINCIPAL OFFICE IN acknowledged to me tha he he/thpy executed the same lus er/their SAN DIEGO COUNTY - `' authorized capacity(ies) and that b 'h sAer/their signature(s) on the instrument My Commission Expires Jan. 6, 1995 �- . the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) rrr� Signature I� State of California ) )ss County of San Diego ) v�_........ �- before GF��- !I (� FFICI.I. E personally appeared c �,}�rye me, � FICIAI.SERL 7. personally known to me (or proved to me on the basis of satisfactory evidence) Rao�a G. P�fllljc�tsr _ ' NOTARY PUBLIC CALIFORNIA to be the person(s)whose name a subscribed to the within instrument and PRINCIPAL OFFICE IN acknowledged SAN DIEGO COUNTY g to me that h she/j,-hey authorized capacity(ies)and tha y hier/t$euredgnature($)on the his/her/their My Commission Expires Jan.G, 1995 the person(s), or the entity upon behalef which the Person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) 4S=re ,I 146 EXHIBIT "All The Northerly 10.00 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 thereof. SEEMAN DR. S 9°53'46" W ° SUBSECTION LINE I I O I N � I L O Ln 0) 00 r�I APN z APN 259-310-20 259-310-22 10' 0I 0o 00 zl c0 I SCALE: 1" =40' I LEGEND: N 00°46'22" E ® EAS EWER -- 162.07' -- M. BARRETT CONSULTING GROUP EXHIBIT w �� n� ENa,NEE� ENCINITAS SANITARY DISTRICT p� 9675 BUSINESS PARK AVENUE. ' SAN OIEG°, SEEMAN DRIVE SEWER EASEMENT (619)536-5610 FAX X (6619)519)5 36-5620 '