1986-418114CORIDINQ1 R7:f)9 ai= aTED BY
~"t7uev Ta
SAN DIEGUITO WATER DIST. EASEMENT
59 EAST `D'
ENCINITAS, CA 92024
- 4 ~ I 11(_(
00CU iENTARY TRANSFER TAX
THIS INDENTURE, made and entered into this c)"741 day of
M94 , by and between Paul Ecke Jr. ,and Elisabeth Ecke,
Husband and Wife, as Community Property
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 3 subject to the terms and conditions of easement set
forth below.
PARCEL .l
The.Southeast Quarter of the Northeast 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.
PARCEL 2
Ttie Northeast 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 3
A strip of land twenty feet wide, the center Line of which lies five feet Northerly
of the following described Line:
Beginning at the East Quarter corner of Section 10'as said Section is described
in Parcels 1 and 2 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°41'28" 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 those portions lying outside the boundaries of Parcels 1 and
2 of this Description.
86 4-18 1 14
it:,(:O£_(} ifs
T) is is to certify that the interest in real property
OF SAN uifGO ,OUPi i Y.C 4.
° ;0 (0 conveyed b the deed or rant dated 9 -"2-96
1986 SEP 22 PM 2: EemCZ- to San Dieguito Water
D strict, a governmental agency is hereby accepted
VEF L. Cl' L. f a.d the grantee consents to recordation thergpf by
COUNTlY YitLCORgEIt
duly authorized officer.
Dated 6 b
N® FEE, r. 61
Page 1. of 4
TERMS AND CONDITIONS
OF EASEMENT.'
Paul Ecke Jr. and Elisabeth Ecke, Husband and Wife, as Community
Property, are 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, utilitiesy 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 easemem.
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 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 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 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
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1043
7. All wort: done by Owner
the easement shall be done
licensed by r.he Steal-e of C
specifications, standards
accordance with generally
standards .and pr;lctic.es.
or. it.:s successor within the timi_ts of
under the supervision of an engineer
F.l.t'1.for'I'I:iFa, shall. comp.1y with U:isLrict's
and practices, and shall be. done in
accepted engirleerin( specifications,
8. The bind upon wh.i.c it t: it i.s elaseniont. :i,; i.ocat.e(i nOw u,43eri f o T
8gI-iC.ult:ur;:.►I P11 r1TOSeS It may be necessary at some tilne in the
future to develop t:hJs land for urban tjse. The provi.s:ions of
this easement: reserving r:o the 0w Tic-r- r, .i.gts tr, LISC. t11e 1.a.nd or
I11ahF2 Chil[7j>(?S 1 IT the .t2-ITd <.!r t c L(:S 1 Cc1t~ it W].thi il the
easement ;ii-e iIT 1:- nde(I Lci iv('. the'` Ok/1'cr t_fle IT] 0 X J. in IT In ainollnt. of
.lexihi.Iit.;; in 11sins; its irollrt.y I(,r it..h,:'r rllr;SC- 1-hout..
endanger ilg Ur IIIak.1:ng [itl.)rl' e1) e I: Si vc` Ur burdensome the
IfIn i.ntenarlce of tho fa i.I i.tJCS O' thc> tl i :t. ['ia:i. e.iscrnc}r;t
sha 11. he (.oIIstrued ;:Ind JnLe 1-1') re LCd t.o co r.Iy out tili.~; J.nt;e nt.
9. The terms and c.c:nd
upon the 11,:1rties, tflei.r
rind burdens; thereof are
10. 'T'his is the entire
be modified eXC(-1 pt by
charged.
i.tivrls of ,:hi.s easement shall be binding
s[Ic.ce_sor ; and nr, ;is;rls, aril tlic henef:its
intended to and shall. run with t:.he land..
agreemenl_ of the p;ar't:ies and it sha!1. not
a writing; sI- grac'd by the party to be
Sept. 2, 1986
F x e c t 1 t e d. xvw~~XVAV
1?ck( r. lnci i1.i::yslhc:th I?c((.Es
ilusba11 gar wilc, rs Commu11ity fr1per.ty.
By.
fly :
STATE CF CAI.IFMI A
COUNTY 01'
"6 ~f_p'
On this- dtav E,f c~J i.n I:.he year 1.9
b--
efore me, the .1IT (,ez'signed, Idorary u aic iR all for
~it_;It person t:l l y F[pp( Fl red
perSon;1.1.1 kIT oW1•_-..t _ -
f6 ,
said
„ic c,r 1) cvnd to me ota r.lae basis
tiatl $fF1Ct.Ury E'L%(()('TIC-.(, ) i t)e'. i:lil.' 1)Cr'SOIa W1'.USE' Rr'.41TIf
-d i I b s c r
;t:(d o ti[e witia .n i.nstr.un[unt ,->and a ckROrrlf d~;eu
V. flat _ hcs~ ('xt (:IT t:C'(I
i i..
m), hand Md of:Ci~'1:1.1 ;;ea1.
to me
OFFICIAL SELL
S :i g I la L u re NANCY E CONNER
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires JAN 2, 1988
Of
P ge 3 of 4
s
1044
STATE OF CAI,IFORNIA
)SS.
COUNTY OF
On this day of in the year 19
before me, the undersigned, Notary Publi in and for said
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
that she-executed it.
WITNESS my hand and official seal.
OFFICIA L OPAL
NANCY E CANNER
S i g n t 1.1 r. f' K OTARY PUBLIC • CALIFORNIA
SAN DI"-ub COUNTY
My comm. ezpJres JAN 2, 1988
Page 4 of 4
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