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1986-418115RECORDIM(i FtLVVt, - ) I cLi ®r RG 7VP� SAN DIECUITC WATER DIST. ,.59 EAST `D' E N C I N ITAS, CA 92024 1045 E A S E M E N T THIS INDENTURE, made and entered into this o?l' day of 19b(o , by and between Carltas Co., a Corporation 8 6 4. 181 I: 5 C'1FF dC1'e ?t Ur SAN - U1 �4 COUli 1 Y, 6 1988 trP 22 RA 2 06 L Vr_FA L.L fi Y'1,E 000 Y co'dER First Parties, and the SAN DIEGUITO WATER DISTRICT, a body politic, Second Party, WITNESSETH: k That in consideration of the sum of One Dollar ($1.00) lawful money of the United States, to them in hand paid by the Second Party, receipt of which is hereby ac- knowledged, the First Parties hereby grant to the Second Party, its successors and assigns, a permanent easement and right - -of -way to lay, construct, maintain, operate, repair, renew, relay and enlarge a line of pipe, or lines of pipe, including but not limited to fire hydrants for the conveyance of water in., over, along and across Easement Parcel 2, Easement Parcel 3, and Easement Parcel 4 subject to the terms and conditions of easement set north below. PARCEL 1 The Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 11, in Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to official plat thereof., EASEMENT PARCEL 2 A strip of land twenty feet wide, the Center Line of which lies five feet Westerly of the following described Line: Beginning at the East Quarter corner of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian; thence South 87 ° .30'10" East 474,18 feet to Point "A" of this Description and THE 'TRUE POINT OF BEGINNING; thence North 10'52'39" West 656.73 feet; thence North 11 ° 03'36" West 1027.07 feet; thence North 9'45'38" West 1046.64 feet; thence North 2'46'44" West 71.49 feet; thence North 13'7.8'14" West 451.08 feet; thence North 14'42'54" West 429.53 feet; thence North 13'43'40" West 322.89 feet. Excepting therefrom that portion lying outside Parcel 1. hereinbefore described. EASEMENT PARCEL 3 A strip of .land twenty feet wide, the center Line of which lies five .feet Westerly of the following described Line: Beginning at Point 11 A" as described in Easement Parcel 2 hereinbefore; thence South 12'12'31" East 78.36 feet; thence South 11 East 478.44 feet. The Side Lines of said strip shall be lengthened or shortened to terminate in the Easterly and Southerly Lines, of said Easement Parcel 2. EASEMENT PARCEL 4 A.strip of land twenty feet wide, the Center Line of which lies five feet Northerly of the following described Line: Beginning at Point t1 A" as described in Easement Parcel 2 hereinbefore; thence North 88'37'14" West 714.41'feet. Excepting therefrom that portion lying West of the West Line of Parcel 1 hereinbefore described. The Side Lines of said strip shall be lengthened or shortened to terminate in the Westerly Lines of Easement.Parcels 2 and 3 of this Description. This is to certify that the interest in real property conveyed by the deed or grant dated �''.2 - R 4 from A 010 to San Dieguito Water District, a governmental agency is hereby accep d and the grantee consents to r ordation he Page .l of 4 its duly authorized officer. Dated top 1046 TERMS AND CONDITIONS OF EASEMENT Carltas Co., a California Corporation, is hereinafter referred to AS "Owner ". San Diequito Water District, a body politic, is hereinafter referred to as "District ". By accepting this easement District agrees to the following terms and conditions: 1. The easement granted hereby shall include all rights of ingress and egress to and from said right -of -way over reasonable and practical routes for purposes of laying, constructing, maintaining, operating, repairing, renewing, relaying or enlarging said pipeline or lines and appurtenances thereto. 2. Owner shall not construct any building, wall or structure within the limits of the easement provided, however, the Owner may construct and maintain .fencing of a kind normally associated with agricultural activities, drainage structures, utilities, and pavement within the limits of the easement.. The District shall have the right to remove any building, wall, structure, fencing, drainage structure, utility or pavement: if reasonably necessary for District to engage in any of the act - ivit.ies it is permitted to engage in pursuant to this easement provided, however, District shall reconstruct: any fencing, drainage structure, utility, or pavement removed by District. District. shall not construct or maintain any buiLding, wall , structure, fenc:i_ng, utility or pavement 'within the limits ul the easement unless the item is specifically permitted by this easement.. 3. Owner shall not plans: or mnintmi.0 any tices, hushes, or shrubs within the limits of the easement without_ the express written consent of District. District shal.l have the right to trim or remove any tree, brush, or shrub within the limits of the easement. Owner may plant and maintain flowers and ground cover within the Limits of the easement. 4. Provided Owner gives. District written notice at least tell clays before commencing any work and provided Owner has agreed in writing to indemnify District against any damage to its facilities within the easement area or any loss, cost:, or expensc caused by, arising from or related to the work to be done, Owner may add or remove earth, grade, and modify surface slopes within the limits of the easement. 5. Owner may at Owner's sole cost and expense relocate the facilities of District horizontally, vertically and otherwise, within or without the limits of this easement, provided Owner has given District written notice not less; than ten days before commencing work on any such relocation, the facilities as relocated will perform the same function as the facilities installed by District, Owner shall pay any increased cost of maintenance of the facilities arising from or related to their relocation, and should such relocation be outside the limits of this easement, Owner shall grant to Di.st:rict an easement for the facilities of the same; sire and in the same form as this easement, and this easement shall be vacated and abandoned. 6. The easement granted is not exclusive and Owner reserves the right to grant: easement rights to others or to dedicate the land subject to the easement: to a public agency. Page 2 of 4 STATE OF CALIFORNIA ss. COUNTY OF �i On this ° ' 1 2 W —D day of S aa P7 bef re me, the undersigned, a No ry Public in and for said State, /AEG �K� �.i.�Al�HA�►J — .4 r/? OFFICIAL SEAL E NANCY E CQ ^JNER NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires !AN 2, 1988 ACKNOWLEDG M ENT —Corporation —Wolcotts Form 222CA -X —Rev. 5 -82 ©1982 WOLCOTTS. INC. in the year 19 personally appeared eAAA- Arf4.e G: L�aG���✓s �2PS.d�.•rr , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. .. � . ` ^ � �� � '� ' �vv�� o 7. All work done by Owner the easement shall be done Iicexaed by the State of C specifications, standards accordance with generally standards and practices. or its successor within the limits of under the supervision of an engineer alifornia, shall comply with District's and practices, and shall be done in accepted engineering specifications, 8, The land upon which this easement is located is now used for agricultural purposes. It may he necessary at some time in the future to develop this land for urban use. The provisions of this easement rceervixX to the Owner ziXhLe to use the land or make changes in the lend or facilities located within the easement are intended to give the 0voez the maximum amount of flexibility in using its property for either purpose without endangering or making more expensive or burdensome the maintenance of the facilities of the District, This easement shall he construed and interpreted |o corry not this intent. 9. The terms and conditions of this easement shall be bindin8 upon the parties, their aucoraanro and assigns, und Lhe benefits and burdens thereof are intended to and shall run with the laud. lO. This is the entire agreement of the parties and it shall not be modified except by a writing signed by the party to be charAed. Sept. 2, 1986 Cxccuied: Caz u( By: By: STATE OF CALIFORNIA } )3S. COUNTY O� \ �! On this day uf , in the year l9 , � before me, �he undersigned, Public in and for said State, personally uppeaced personally known to m o r proved L o m e o n the basis ' of satisfactory evidence) to be the persons who executed the within inetrumenL am behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or u reeolution of it's ^ board of dixmcLurn. j WITNESS my hand and officiu{ ecal � . SignaLore In " � ^ � Page 3 of 4 . , � ^ SIATF 0F' CALIFORNIA C0ONIY OF )SS. On tbia_______ day of , in Lbe year l9 , before me the undersigned, ��- -----' , a Notary — Public io and for said State, personally appeared personally known to me , satisfactory evidence) to be the peroons t4rho executed the within iostcumeot ua on behalf of _____''___- ______________. Lke corp oca�iun therei: named. ond acknu»le'i8�� Lo me Lhu� Such cor|'oruLi-on executed tbe Wit |/in ixx| rxmunL pvr/-�uuoi io iia |`y-| o rcao|'/Liox o[ jio WITNESS my hand and official seal. Signature Page 4 of 4 f R •� _ o Wl Its ,.17 t' i r 1 a