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1986-418110RECOP R=T! N To SAN DIECUITO WATER DIST, 59 EAST `D' ENCINITAS, CA 92024 (// G 1025 E A S E M E N T paQtTPd"ICIdTARV. TRANSFER TAX ..�,.�.�.�n��� THIS INDENTURE, made and entered into this p?" ` day of S,E,aT 199b , by and between Caritas Co., a. Corporation First Parties, and the SAN DIEGUITO WATER DISTRICT, a body politic, Second Party, WITNESSETH: 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- 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 subject to the terms and conditions of easernent set forth below. PARCEL 1 The Northeast Quarter of the Northeast Quarter of Section 10 in Township 1.3 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: k : Beginning at the East Quarter corner of Section. 10 hereinbefore described; thence North 87 ° 30'1.0". .West 474.18 feet; 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 ° 28'14 " West 451.08 feet; thence North 1.4 °42'54" West 429.53 feet; thence North 13 ° 43'40" West 322.89 feet. Excepting therefrom that portion lying outside Parcel I hereinbefore described. r;t:tyr c, ,r OFF'I.Cl..L :)''tf)S Ur SAN WE-GO CUI, "d I Y, C . 1985 SEP 22 PM 2: 06 l VERA L E COUNTY R CORM:.1, This is to certify that the interest in real property conveyed by the deed or grant dated - 8G from 6&ay_)iF'0_ (9 . to San Dieguito Water District, a governmental agency is hereby accepted and the grantee consents to recordation thereo by its duly authorized officer. Dated 99 FEE i _.._ _ Page 1 of 4 1 TERMS AND CONDITIONS OF EASEMENT Carl.tas Co., a California Corporation, is hereinafter referred to as "Owner ". San Diequi.to Water District, a body politic., is hereinafter referred to as "District". By accepting this easement District agree, to the following terms and condition;: 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 activities 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, fencing, utility or pavement within the limits of they eas ement unless the item is specifically permitted by this easement. 3. Owner shall, not plant or maintain any trees, bushes, or shrubs within the limits of the easement without the express written consent of District, Dist:rict shall 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 ten days 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 expense 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 Distract horizontally, vertically and otherwise, within or without the limits of this easement, provided Owner has given District written notice not less than ten clays 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 sha.11 grant to District an easement.: for the facilities of the same size 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 �.. OFFICIAL SEAL NANCY E CONNER m NOTAP.Y PUBLIC - CALIFORNIA SAN DIEGO. COUNTY My comm. expires !AN 2, 1988 ACKNOWLEDGM ENT— Corporation — Wolcotts Form 222CA -X —Rev. 5 -82. ©1982 WOLCOTTS,INC. On this ° day of in the year 19-9 bere me, the undersigned, a Ng(ary Public in and for said State, personally appeared d. 9,446--NS 40s.ac -7 , 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. 102' 0 7. All work done by Owner the easement shall be done licensed 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 aliforni.a, shall comply with District's and practices, and shall be done in accepted engineering specifications, Q 0 t' i A 8. The land upon which this easement is located is now used for agricultural purposes. It may be necessary at some time in the future to develop this land for urban use. The provisions of this easement reserving to' the Owner rights to use the Land or make changes in the land or facilities located w=ithin the easement are intended to give the Owner 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 be construed and interpreted to carry out this intent.' 9. The terms and conditions of this easement shall be binding upon the parties, their successors and assigns, and the benefits and burdens thereof are intended to and shall run with the land. 10. This is the entire agreement of the parties and it shall not be modified except by a writing signed by the party to be charged. Sept. 2, 1986 E x e c u t e d : I XKM XXXX 99x C a B} B S'L'ATE OF CALTFOhN.IA ) ISS. COUNTY OF } On this __clay of in the year 19 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within :instrument a s _ o► behalf o f the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by or a resolution of its board of directors. WITNESS my hand and off:ic::ial. seal. Signature Page 3 of 4 'r . - ����� ��x* �» STATE OF CALIFORNIA \ )3S. COUNTY 0F' } ' On tbia day of , in the year 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on ihe beeia�� f suLiafacLory evidexce) to he Lbe persons who executed the within instrument as un behalf of , the corporation therein named, and acxonwlcUgeV to mc LbuL such corp0reLiux executed Lhe within instrument pursuant to its by-laws or e resolution of its board of directors. W my hand and official seal. Signature Page 4 of 4 � EL r ° rf a• �E'i1 a ., is *� rA �: — �TA lw,� ERMA F M 0 a - — T �._��� �►.._ -s -� �!►._ _ � `j Rv t� y _ f 1 EL r ° rf a• �E'i1 a ., is *� rA �: — �TA lw,� ERMA F M 0 a - — T �._��� �►.._ -s -� �!►._ _ � `j Rv t�