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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 e 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 i elf em 414 17- \ p f ' , ~0 \ ° ~4. r Corn 0 2c/l,' i / it 1 Ir• ~ ~ / ~ f ~1.~ ~ n. \j . ~ ~ ' ~ ` 1 ~ 1 1 , 1 ' t .,~ei ° ~ r , I T ✓ . it fU