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1986-418111F, REG, REQUEST ED BY / 8 ( (41 g (1 SAN DIEGUITO WATER DIST. /lr�, �� c�tJ�& G1-eh_t.ls 59 EAST V E A S E M E N - T .... ENCINITA CA 92024 THIS INDENTURE, made and entered into this day of 1986p , by and between Carltas Co., a Corporation u 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 --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 and Easement Parcel. 3 subject to the terms and conditions of easement set forth below. PARCEL 1 The East Half of the Southeast Quarter, the Southwest Quarter of the Southeast Quarter of Section 3, 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 North- erly and Westerly of the following described Line: Beginning at the South Quarter corner of Section 3 described in Parcel l herein - before; thence'Southerly along the West Line of the Northeast Quarter of Section 1.0, Township 13 South, Range 4 West, San Bernardino Meridian 12.01 feet: thence South 88 ° 53'24" East 126.14 feet; thence North 57 ° 43'57 ° ' East 1586.52 feet; thence North 57 ° 20'21" East 621.71 feet to the beginning of a tangent curve con- cave Southerly; thence along said curve 98.98 feet through a central angle of 20 ° 02'56 01 thence, tangent to said curve, North 77 ° 23'17" East 112,71 feet to Point "A" of this description; thence North 7 ° 04'05" West 278.59 feet; thence, North 3 0 09'32" West 226.84 feet.; thence North 4 ° 20'20" West 135.24 feet; thence North 4 0 03'42" West to the South Line,of the Southeast Quarter of the Northeast Quarter of said Section'3. The side lines of said strip shall be lengthened or shortened to terminate in the South Dine: of the Southen:_.t Quarter of the Northeast Quarter and :i.n. the South and West Lines of the Southwest: Quarter of the Southeast Quarter of said Section 3. 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 "A" of Easement Parcel 2 hereinbefore described; thence South 13 ° 43'40" East 322.89 feet; thence South 14 ° 42'54" East 429.53'fee't; thence South 13 °28'14" East 451.08 feet; thence South 2 °46'44" East 71. feet; thence South 9 ° 45'38" East 1046.6 .feet; thence South 11 ° 03'36" East 1027,07 feet; thence South 10 ° 52'39" East 656.73 feet; thence North 87 ° 30'10" West 474.18 feet to the East Quarter corner of Section 10 in said Township and Range. Excepting therefrom that portion lying South of the South Line of said Section 3. The side lines of said strip shall be lengthened or shortened to terminate in the Southerly and Easterly Lines of said Easement Parcel. 2. '1 This is to certify that the interest in real property 4 8 y I I n OF SAN OfEGO COUN t Y, 1,A .�:Z� 1986 5EP 22 PM 2: *ge 1. of 4 VERA L.lYt..f COUNTY f'�t,C0ROffi _ N®_�� conveyed by tlxe d: d or grant dated from �D . to San Dieruito Water District, % Cl'OrniT E 21t;z1 a bency is Ilereby% accepted they of and the grantee consents to record ation by its duly authorised officer. Dated 10 TERMS AND CONDITIONS OF EASEMENT Carltas Co., a California Corporation, is hereinafter referred to as "Owner ". San Diequi.t.o 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 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 the easement 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. District shall have the right. to trim or remove any brush, or shrub within the limits—of the easement. Owner may plant and maintain flowers and ground cover within the limit; 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 r. 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 clays before commencing wort: on any such relocation, the facilities as relocated will perform the same function as the facilities installed by District, Owner, shall pay any increased cos 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 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 ��� e On this day of .5 Prge Of4v,e in the year before me, the undersigned, a Notary Public in and for said State, personally, appeared �fLCJG Tie . f�-.4 �zf- ..q..� _ , 4i✓ a - OFFICIAL SEAL NANCY E CONNER m NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY ".z comet. expires IAiJ 2, 1988 My - _ .-r ACKNOWLEDGMENT— Corporation— Wolcotts Form 222CA -X —Rev. 5 -82 ©1982 WOLCOTTS. INC. &iWisrV111f"e 14 @.�,��.vs AreSias.✓r , personally known to me (or .proved tome 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. e n 0 f 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 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 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 Lhe .land or make changes in the land or fac:i_li. ties located within 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 be modified charged. the entire agreement of the parties and it shall not except by a writing signed by the party -to be Sept. 2, 1986 E x e c u t e d: JXMYZ � STATE OF CALIFORNIA )SS COUNTY OF_ a•�- ,) On this za/ day of J�,,,—ke—Ae� in the vear 19 before me, the under.sign'ed,it 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 as on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by —laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature 4 Page 3 of 4 ' � ' - ����� u-vx"»*» , STATE OF' CALIFORNIA ) )8S. COUNTY OF ) On tbio____ day o� , in the year l0 , , undersigned, he�ore me the � ------ u Notary PubIic in and for said State, yersooally appeaced , personally known to me (or proved to iiie on the basis of satisfactory evidence) to he the persons who executed the within ioatromenL ao on bebalf of . the corporu�ioo Lherein nnmed. aod ocknovindSud i�n me 1 : 11;1 soch cocporoLion exec u|:ed L|�e xi thin iuutrumeuL poreoeoL to ita by—.1 ova o u ceaolutioo of ito board of directoro. WITNESS my hand and of seal , Si-nature Page 4 of 4 \ / \ n � � . . �• `� max; �,.�,. IIII %�� �, j r �, � ARW �0 IVA `".�� • tea_, - �' � . e, �-� r � E - �� `�• r , r Evil Recording requested by San Dieguito Water District When recorded, mail to: San Dieguito Water District P.O. Box 231010 Encinitas, CA 92023 -1010 For the benefit of the District Assessor's Parcel No. 254- 640 -44 RESOLUTION NO. 2000-03 THE ORIGINAL CF THIS DOCUME1 WC RECORDED ON MAR 02, 2000 DOCUMENT NUMBER 2000 - 01080'40 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 3:42 FM A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT APPROVING A SUMMARY VACATION OF WATER EASEMENTS WHEREAS, a request for vacation of two water easements has been submitted by Shea Homes Limited Partnership, owners of property located south of Leucadia Boulevard and east of Sidonia Street, APN 254- 640 -44; and WHEREAS, said water easements were dedicated to the San Dieguito Water District on S entembe�22, 198 as File No. 8 418111 and File No. 86- 418112; and WHEREAS, the vacation proceedings were conducted under Chapter 4, Part 3, of the State of California Streets and Highways Code; and WHEREAS, the easements have been superseded by relocation and there are no other District facilities located within the easement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of San Dieguito Water District approves a summary vacation of the aforementioned water easements lying within the property described in Exhibit "A" enclosed, in accordance with the following: 1. The project as proposed is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15061(b)(3). 2. There is no present or prospective public use for the easements. BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water District shall cause a certified copy of the Resolution of Vacation, attested by the Secretary under seal, to be recorded without acknowledgment of further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED at a regular meeting of the Board of Directors of San Dieguito Water District held on the 26th of January, 2000, by the following vote: AYES: Bond, Cameron, DuVivier,.Guerin, Holz. NOES: None. ABSENT: None. ABSTAIN: None. 7&" �S,C4,4vi Sheila Cameron, President ATTEST: ' 6 San Dieguito Water District - Resolution No. 2000 -03 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) I, Kerry L. Miller, Secretary of the Board of Directors of San Dieguito Water District DO HEREBY CERTIFY that the above and foregoing is a full, true and corrected copy of Resolution No. 2000 -03 of said Board and that the same has not been amended or appealed. Dated: January 26, 2000 L. Miller, Secretary ieguito Water District EXHIBIT "A" Lot No. 44 of Map No. 13822 filed in the Office of the County Recorder of San Diego County, July 16, 1999.