1975-66613•w/ ~A Return to,-, ~j~ "~~yt~r-~/(~~'~ r -~~1 J~U/(G/A~~-uy/~~-~•( -~/ST.
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W@t1~E~tYAa~Y TRAfd(S`nJFE,RTjAX~ ~ n f ~7 ~VV cs-f
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The undersigned, ....PAUL..ECKE and MAGDALENA ECKE, husband and wife 6 6 61
as Grantors, of County of-.San Diego... State of .California
for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito•
Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of California,
as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita Irrigation District, its
successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands
hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, in-
specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con-
nection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together
with the right of ingress thereto and egress therefrom, to and along said right of way, together with the right to clear
and keep clear said right of way from buildings, structures, explosive, trees, and other material or growths detriment-
al to the uses herein granted.
The lands in which such easement of right of way is hereby granted are situated in the County of San Diego, State
of California, and particularly described as follows, to wit:
A 10.00 foot strip of land being in a portion of the North Half of the Southeast Quarter
of the Northwest Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to Official Plat
thereof, said 10.00 foot strip lying 5.00 feet on each side measured at right angles to
the following described centerline:
I
The route of said easement of right of way across the aforesaid lands shall be as follows:
Beginning at the intersection of the South line of the North Half of the Southeast Quarter of the
Northwest Quarter of said Section 15 with the Easterly right-of-way of California State Highway
X1-SD-5; thence along said South line South 89°05'53" East 1339.17 feet to the Southeast corner
of said North Half of the Southeast Quarter of the Northwest Quarter of Section 15; thence along
the North-South centerline of said Section 15 North 1057'11" East 287.92 feet; thence leaving
said North-South line North 88°02'49" West 69.40 feet to a point in the centerline of that cer-
tain easement to San Dieguito Irrigation District Recorded 8-22-25 as Document No., 41152,
Book 1114/125 of Deeds filed in the Office of the County Recorder of said County. Said point
being the. true point of beginning of Parcel "A"; thence North 54°02'16" West 18.74 feet; thence
North 86°49'10" West 54•.09 feet; thence North 67°49'45" West 88.00 feet; thence North
68°31'50" West 143.50 feet; thence North 84°19'51" West 159.40 feet; thence North 88°33'56"
West 121.69 feet; thence North 89°15'29" West 106.07 feet to a point of terminus.
The sidelines of said easement to be lengthened or shortened to end in a line which bears
North 8°03'00"'West through said TRUE POINT OF TERMINUS.
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way
hereby granted, for agricultural uses except for the planting and growing of trees; and the right to cross or make use
of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance
and replacement of a pipe line or pipe lines, or to any other purposes and uses as are or may be necessary or incidental
to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or
cause to be constructed and maintained any buildings or-structures of any nature or kind within ten feet of said pipe
line; or store or permit to be stored or use upon said right of way any blasting supplies or explosives commonly used for
blasting purposes.
And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his succes-
sors of said right of way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of
the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of
water pipes reasonably required for Grantor's use on his said property over and across the right of way in a manner
which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line,-it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installa-
tion of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All
present installed utilities will be interfered with as little as possible and if interrupted will be promptly restored to use
at the expense of the Grantee.
Witness bY our....... handy..---this ............................day
Witness
.
, Witness
of-----....Marc
.....+~IGL.............:.......
PAUL--E C KE
MAQPALENA ECKE
Notaries: Use proper form on back.
759 GENERAL FORM "
r
STATE OF ......Q!-i-.l!FB'Rrl~?.1.~
County of S SS. •
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9..1 before me.......le:
ON THIS ...VO~..day of..!'`..fr.A:.L* ........A. D., 1qq /
Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
1-.C SC ....~1,9. .Q, •BJ. :......................................personally known to• me to be the person..
whose name'S....01F .__subscribed to the within Instrument, and duly acknowledged to me that_)Ihe~.executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
OFFICIAL SEAL
9.1. BLICKENSTAFF
NOTARY PUBLIC : rALIFC[.NIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY, COMFVNSSION EXPIRES JUNE 12, 1977
seal the day and year in t is c t abo a rit en.
Notary Public in and for sai , unty and State
CORPORATION FORM
V1
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STATE OF
ss.
County of
ON THIS ......:.........day of............................ A. D., 19........, before me.---------
a Notary'Public in and for the said County and State, residing therein, duly commissioned and- sworn; personally appeared
known to me to be the--------------------President and
-----------------...known to me to be the.................... Secretary «f the
,
the Corporation that executed the within Instrument, known to me to be the
persons who executed the within Instrument, on behalf of the Corporation therein
named, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Notary Public in and for said, County and State
FILE/PACE NO.- (;(;6l
BOOK 1975
R CORDED R OUEST OF t
eZ-4-
MAR Z' 7~
OFFICIAL RECORDS
SAN DIEGO COUNTY. CALIF.
HARLEY F. BLOOM
RECORDER
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WITNESS RM EE
STATE OF CALIFORNIA
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County of San Diego J
ON THIS ....................day of................................ A.D., 19 before me
,
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
................................................................................•.---•----.--------......................known to me to be the person.... whose
name ......................subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly sworn,
depose and say....: That he................ reside in the said County of San
Diego, State of California, and that...... he ................present and saw..............................
personally known
to h............ to, be the same person described" in and whose name ................subscribed
to the within and annexed Instrument, sign, execute and deliver the same, and
lie............ acknowledged to said affiant that he........ executed the same;
and that said affiant subscribed h............ name thereto, as a Witness
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public in and for said County and State
(NOTARIES: Please use the General Form for individual signers, the Witness Form only for witnesses)
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Recording requested by:
San Dieguito Water District
When recorded, mail to:
San Dieguito Water District
P. O. Box 231010
Encinitas, CA 92023-1010
RESOLUTION NO. 95-17
N. ~,f ~1]KLkFvi` iQ 9 T `ft
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'1 HcH Ili-ii I,i~Jiljy X F'i ✓rA OF
i
A RESOLUTION OF THE BOARD
OF THE SAN DIEGUITO WATER DISTRICT
APPROVING A SUMMARY VACATION OF
A WATER EASEMENT
WHEREAS, a request for vacation of a water easement has been submitted by Encinitas
Town & Country Shopping Center and American Food & Drug, Inc.;
WHEREAS, The vacation proceedings were conducted under Chapter 4, Part 3 of the
State of California Streets and Highways Code;
WHEREAS, the easement has not been used for the purpose which it was dedicated or
acquired for five consecutive years immediately preceding the proposed vacation;
NOW, THEREFORE, BE IT RESOLVED that the Board of the San Dieguito Water
District approves a summary vacation of the water easement dedicated on March 24,
1975, in Book 1975, Document 75-066613 lying within the property described in Exhibit
"A' enclosed, in accordance with the following:
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 of prospective public use for the easement.
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.
Res 95-17
1.2/13/95
PASSED AND ADOPTED this 13 th day of November 1995, by the
following vote, to wit:
AYES: Directors Davis, Bond, Aspell, Hano & DuVivier
NAYS: None
ABSENT: None
On Davis, President
San Dieguito Water District
ATTEST:
Lauren M. Wasserman, Secretary
Res 95-17
12/13/95
Exhibit "A'
Lot 4 of Map 8116 recorded May 28, 1975, File No. 75-129941, in the County of San
Diego.
Res 95-17
12/13/95