Loading...
1986-418113L RECORDING REQUESTED BY 1RE7 Z;',o ' o . SAN ®I.EGUITG WATER DIST. 59 EAST ENCINITAS, CA 92024 1037 E A S E M E N T L1~.~113 DOCUMENTARY, TRANSFER. TAX THIS INDENTURE, made and entered into this cVdday of aw'e'nBo'e- 1914 , by and between Paul Ecke Ranch, a California Corporation. First Parties, and the SAN DIECUI:TO 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 subject to the terms and conditions of easement set forth below. PARCEL 1 The Northwest Quarter of the Northwest Quarter of Section 11, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to official plat thereof. Excepting therefrom the North 450 feet of the West 575 feet. EASEMENT PARCEL 2 A strip of land twenty feet wide, the center line of which lies five feet Westerly of the following described Line: Beginning at the East Quarter corner of Section 10 hereinbefore described; thence North 87°30'10" West 474m18 feet; thence North 10°52'39" West 656.73 feet; thence North 11°03'36" West 1027.07 feet; thence North 9°45'38'1 West 1046.64 feet; thence North 2°46'44" West 71.49 feet; thence North 13°28'14" West 451.08 feet; thence North 14°42'54" West 429.53 feet; thence North 13°43'40" West 322.89 feet. Excepting therefrom that portion lying outside Parcel 1 hereinbefore described. 86 4181 13. OFF 1C, AL RE:C0r'i1)`.i 10F SAh VIEG0 COUN I Y.CA.1 This is to certify that the interest in real property 1986 SEP 22 PM 2: 06conveyed by the deed or rant dated 9- -~6 VE~f? A L. ! .1' 1, from &Wjto San Dieguito Water I COUN i Y ftE:COatD[ft District, a governmental agency is hereby accepted land the grantee consents to recordation there,, y its duly authorized officer. Date FEE Page 1 of 4 1038 '111'RMS AND CONIOITlONS OF EASEMENT Paul Ecke Ranch, a California Corporation, is hereinafter referred to as "Owner". San Diequito Water District, a body politic, is hereinafter referred to as "Di.str:i_ct". 133, 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 route: 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 act.ivit_i.es, drainage structures, utilities, and pavement; wi.t.hin the limits of the easement. The District sha1.1 have the right to remove any building, wall, structure, fencing, drainage structure, utility or pavement. if reasonably necessary for District to engage in any o.f. the activities it is permitted to engage in pursuant to this easement provided, however, District shall reconstruct any fenci.r,g, drainage structure, riti lit y, c,r pavement r('mOVed by 191:31-i°icl-. 1) i -irIi ct. S1)a11. not construct or maintain any bu:r.lding, wa.l.1., structure, fencing, utility or pavement within the limits of the easement unless t!-1e item is specifically permitted by 1-his 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 wr':itten notice at lust: ten days before commencing any work and provided Owner has agreed in writing to indemnify District against any damage to its fac:i-1 i.t:ies 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 days before commencing work on any such relocation, the facilities as relocated wi.l.l. perform the same func.t:ion as the f, aci.1.:i.t.:i.0s 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 Pa};e 2 of 4 STATE OF CALIFORNIA ss. COUNTY OF e On this ~i►~+~ day of in the year 19 1 34~c~~ befo5j me, the yndersigno, a Not4fy Publi in and, for said State, personally appeared OFFICIAL SEAL NANCY E CONNER to NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY °r- My comm. expires AN 2, 1988 'ACKNOWLEDGMENT-Corporation-Wolcotts Form 222CA-x-Rev- 5-82 ©1982 WOLCOTTS,INC. e ersonally known to me (or proved to me on the basis of satisfactory evidence) to bet person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. 1039 s• 7. AIA work done by Owner or its successor within the limits of the easement shall be done under the supervision of an engineer ti.ce[Ise, d by the State of CaIAforn:i.zt, shraI.I coin ial.y with D.i.st:rict.'y specifications, standards and practices, and shal.I be done in accordance with generally accepted engineering spec:i.ficrations, standards and practices. 8. The land upon which this casement is Located is now used for agricultural. purposes. It in ay be necessary at some time in the future to develop this land for urban use. The provisions of this easement r c.'.-serving to the Owner rights to use the land or make changes in tle Land or. faciI -"t i e s located within the easement are intended to ;ive the Owner the maximum amount of flexi.biIi_t:y in using its property for either purpose without endangering or ma. ki.ng more expens_i vc or 1) u r d e n some the maintenance of the facilities of the District. 'T'his 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, t=heir successors and assigns, and t- lie benefits and burdens thereof are intended to and sha:il run w:it.h the land. 10. This is the entire agreement of the parties aiid it shall not be modified except by a writing signed by the party to be charged. Sept. 2, 1986 Executed : Pat a C By: 13y: STATE OF CALIFOkN]VA } ` )SS. COUNTY OF t On this____ day of i _ _ in the year 1.9 before me, the tindersi.gned, a Notary T'ubl:i.c. .i.rt and fog-4said State, personally appeared_ _ personally known to me (or. proved to me on the basis of satisfactory evidence) to be the persons '.aho executed the within instrument as behalf of 1 - _ 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 rage 3 of 4 x.®40 s STATE OF CALIFORNIA ) }SS. COUNTY OF~_ On this _ clay of In the year. 19 , before me, the und::-rsigned, a VNotary 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 persons who executed the within instrument behalf of the cor. porntion therein named, and acknowledged to mc, such corpoi ation executed the wi.th -i n i.n 1,rume ii t 1) ursu;:iIII- its 1) y 1;,w car ;A rc!; u1 u(-. i.on of its board of directors. WITNESS my hand and official seal. Signature Page 4 of 4 Y i a 4 ° ~ a ~ ~I - r; UUU u~ I3 !cI ~ ~ ~ o 0 OeA. ~ ~ U ~ 1 a • f t l~ ~ ; f ~ ~ • ro) rkzcA; fS e / \ S