1986-418116RECORUNG REQUEST ED BY
SAN 'DIEGUIT® `MATER GIST,
59 EAST `D'
ENCINITAS, CA 92024
` JC
1049
E A S E M E N T
(~(o - q ( q 1 (0
10TAR Y.. TRANS E1\ TAX !i!......,..e.eerteA~B~:•
THIS INDENTURE, made and entered into this aA' day of elEP~~~1Bf~
1984 , by and between Paul Ecke Jr. and Elisabeth Ecke,
Husband and Wife
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 Northwest Quarter of the.Southeast Quarter of Section 10,.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
The North twenty feet of Parcel 1 of this Description.
Excepting therefrom that portion lying West of the Easterly Boundary of
County Road Survey No. 373, known as Quail Gardens Drive.
EASEMENT PARCEL 3
A strip of land of varying width, the South Line of which lies ten feet Southerly
of the following described Line:
Beginning at the East Quarter corner of Section 1.0 as said Section is described
in Parcel 1 of this Description; thence South 87°30'10" East 474.18 feet;
thence North 88°37'14" West 714.41 feet; thence North 88°02'43" West 331.79 feet;
thence North 88°36'37" West 278.11 feet; thence South 89°09'56" West 351.51 feet;
thence North 84°4.1'28" West 186.81 feet; thence North 83°56'44" West 53.89 feet;
thence North 87°44'00" West 393.21 feet; thence North 88°18'15" West to the
Easterly Boundary of County Road Survey No. 373, known as Quail Gardens Drive.
Excepting therefrom that'portion lying East of the East Line of said Parcel I.
Also excepting therefrom that portion lying North of the South Line of Easement
Parcel 2 described herein.
8.6...4...1..8 1.1 8
F f~i+t:E ;?t)E;i.l^a _ This is to certify that the interest in real property
Ui 5AhE U(i at1 Cil:lN I Y. C,1. conveyed b the d. ed or gran dated
from 'r an Dieguito Water
1986 SEP 2 2 Phi 2. Q 6 District, a overn tal agency is hereby acre ted
Vb:RA L. LYi.. E and the grantee consents to r cordatio Mtho
L COUNTY RECOF~M: its duly authorized officer.
Date
NO FEE.,
Page 1 of 4
.1050
TERMS AND CONDITIONS
OF EASEMENT
Paul Ecke Jr. and Elisabeth Ecke, Husband and Wife, as Community
Property, are hereinafter referred to as "Owner". San D:iequi.to
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 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 he 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 t:en 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 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 casement 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.
Purge 2 of 4
1051
7. All work done by Owner
the easement shall be done
1i.c'cIIsed by tllc Strat(! o1, C
Specifi.cati.ons, stcandards
accordance with gc::neraI I y
standards and p.r;:lctice
or its successor within the limits of
under the supervision o1: an eng-i.ncer
tlaifornia, s}aaJ.a. cump.ly w.i111 Di stri<:t1s
and practices, and shall be done in
.acce(.)ted eng.i neer:i.'ilg ; pec:Lfi.cati-ons,
8. The land upon which this easement i I oczited s now Used for
agri.cuatural purposes. TL Ina*v 1) e ncc- e, r snry at soIII e ti.me in I:he
future to develop tIiJ.s Land for urban uSe. T11e prov:LS:i.o.ns of
this easement reserving to t11 c., Owner r.i ghts t.o use t:11e land or
slake c1liinges i 11 t.he. I a n d ur• i ac i.1 i t- i.(,;; LOr..at:,;'cl w:i.I--II11.1 t1,o
easement Ire i nl::ende(I Lo g:i V C. th(011nc:r the mi1X7.ln(11(1 -I -IV. of
f.lcxibil.it, in us.i.ng ILLS ()ropc.t- Ly .1 c,r C:i t.lle I, pure<:tsc; without
endangering or In ak.i.ng Pi or e exp(?rS.i VC or. 1)urclc nsome the
maintenance of the fac:1lit.1eS ul th(' Di ;CrI( :t, `1'hJ.s ca seIII eIIt
shall. 1) e CunstrI I ed 4 I I d i.nterl)1:c.1 1.d C(:) c:clrr out. t11J., intent.
9. The t.c::rms F.Ir;d c.ond
u1,aI I I he 1)arties , tlle:i.r
and burden thereof are
10. This is the ent..ire
be rnod:ified except: by
charged.
i.t:i.or,s r)i' this c_lscrnent b:i- nda.ng
S a c 1.;,,::i c) r., and r1' [ 'lib i111 (1 t(I
1; > liC:rlef:it
intended to and s h a I I run w.i.th the land.
agreeme111. of the parties and i-t Shall not
a wri t:111S sJ.g,ned by the psi r. ty to be
Sept. 2, 1986
E x e c u t e d: XxX,XXXXXXXXXXIW
T)a1.1.1 1 x ,.l r.. :?ln(I I;1 i.sahC1t11 1?;clcc
11u;ab . nd lnil 4J i l:c. , 1~;.1 Co mm tlni.ty ( 0p(!r. ty
B
v
STATE" OF CALI-FONNIA
COUNT)'
On this [lav of _ J i.n they year 1.9
before ,;1r, t_tIe ).i,;eiersi.c;led, ]~tic)ry fub.li.c ia and or said
y F11)p1':IroJ
1 r 1:nuwn n1c (u1" 1) r c v e d t-u nlc oil i Yte basi s, -
o f
i-; a t ti fn C t O C V 1 t I II C' ~ i O b i. I 1 C.' t't ft i" la 'N 1'1 f j Ei C7 Il IL
U1, Ci"'111 t ll(.' ldl.t.I) I n ),ISt-T-1.lrlic'111-, ;-tn() 7[1Cv -.LU E'G I p I'[! C!
t II:Jt - -it C.'l`X('ilt.,.'CI i t .
WIT NL,SS mi , ha nd 111d u1,1 is i;I.1. ;;e iI .
S i a t u r e NER
=PUBLIC- AL
Qu.0 IFORNIA
TY
2, 1988
1':1~;rr' ,j i~I 4
. ~ . 1 1 Y
• Y0~2
STATE OF CALIFORNIA
)
)SS
COUNTY OF
On this a--t day of in the year 19 F6 .
before me, the undersi~;ne(T
, ! yc~ttiry 1'u1.)1 .1 .c 1 11 rand fat'~:aHa.d
State, personally appeared personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name
subscribed to the within instrument, and acknowledged to me
r. hat _f4 he -__exocurOd i.t.
WITNESS my hand and offic_ii--il seal.
f OFFICIAL SEAL
AaA^tw E rONNER
Signature m OTARY PU94!C -CALIFORNIA
SAN DI-GO COUNTY
My comm. oxomo JAN x, 1i3a3t1
9F-1K P--rlvpl '711-0W
Page 4 of 4
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