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1986-418112"V-`-CCOR-lA,G REQt.f E:r € ED S.Y t. i ry SAID DIEGI_II g 0 WAs ER DIST. 59 EAST `D' ENCINITAS, CA 92024 1033 E A S E'MENT DOCUMENTARY. TRANSFER, TAX THIS INDENTURE, made and entered into this 01 Id day of 940"111490'e- 19$(p , by and between. Paul Ecke Rancl:1, a California Corporation 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 night-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 subject to the terms and conditions of easement set forth below. PARCEL 1 The West Half of the Northwest 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. EASEMENT PARCEL 2 A strip of land twenty feet wide., the center line of which lies five feel: Northerly of the following described Line: Beginning at a point in the West Line of Parcel 1 hereinbefore described, which point lies 12.01 feet Southerly from the Northwest corner of said Parcel 1; thence South 88°53'24" East 126.14 feet; thence. North .57°43'57" East to.the North Line of said Parcel 1. The Southerly Line of said strip shall be prolonged or shortened to terminate in the North and West Lines of said Parcel 1, Excepting therefrom that portion lying North of the North. Line of said Parcel 1. 8 6. 4.:..1.81 1 2 faE"f' iCl ;l,. .(tzti;,;_ ` This is to certify that the interest in real property OF SAN Gli_GG COON,, Y. C conveyed thdcd or grant dated San Dieguit•o Water 198 SAP 22 PIS 2: 06 from District, a governmental agency is hereby accepted VCa° Ly'~ E and the grantee consents to recordation ther of by (IUNi Y iti:LUMli=it its duly authorized officer Date NO FEE Page 1 of 4 10344 TERMS AND CONDITIONS OF EASEMENT Paul. Ecke Ranch, a California Corporation, is hereinafter referred to as "Owner". San Di.equito 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 shahl 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 Di.stric.t horizontally, vertically and otherwise, within or without the limits of this easement, provided Owner has given District written notice not less than ten days before commencing work on any such relocation, the facilities.as relocated will perform the same function as the f-aci_l.it:i.es 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 Page 2 of 4 STATE OF CALIFORNIA I ~,a,J ~ir=Go ss.! COUNTY OF On this day of ~EPr~rsB 2-4 in the year 19 96, before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIAL SEAL Auc ELKI<, T, -and e. g7e_,,-v NANCY E CONNER personally known to me m NOTARY PUBLIC - CALIFORNIA (or proved to me on the basis of satisfactory evidence) to be the persons who executed the S.~Y DI`: GO COUNTY within instrument as President and Secretary, respectively, of the Corporation therein named, My comm. ex~res JAW 2, 1988 I - _ _ and acknowledged to me that the Corporation executed it pursuant to its by laws or a resolu tion of its board of directors. t. I WITNESS my hand and official seal. ACKNOWLEDGMENT-Carp.-Pres. 8 Sec.-Wolcotls Form 222CA-Rev. 5-82 ©1982 WOLCOTTS, INC. N ry Public in and for said State. s 035 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 aliforni.a, 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 the land or make changes in the land or facilities 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 the entire agreement of the parties and it shall not be modified except by a writing signed by the party to be charged. Sept. 2, 1986 E x e c u t e d: 1h300a XXX,XXX ) I F STATE OF CALIFORNIA ) )SS. COUNTY OF 1 On this day of_____^Y in the year 1.9_w___ before me, the undersigned, 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 y ) 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. , e WITNESS my hand and official seal. Signature Page 3 of 4 STATE OF CALIFORNIA COUNTY OF } }SS. I 1036 On this- day of_____ _ in the year 19_~_ , before me, the undersigned, a Notary Public in a;)d 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 behilf 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 Page 4 of 4 , r c ~ p ~ 8 IF~, C L r 1 -fit ► t n G 3 0 / ` I .,-//1 l + ~ \ V ' y Y^ 5 - y t f • % , tt rr y t ~ • , ~ ' \1~ ~ ~ \ lit e. \ r / , f 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 THIS DOCUMENT RCS RECORDED ON MAR 02, 2000 DOCUOT NUMBER 20OH108040 GREGORY J. SMITH, COUNTY RECM SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 3:42 PM 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 SSTvjmber 22.1986 as File No. 86-418111 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. Sheila Cameron, President ATTEST: 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. A4iller, Secretary ievuito 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.