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Mr. Chandler Martin August 24, 1995 Page 4 Thalheim runs along the northeast corner of proposed Parcel D). Legal descriptions for said easements shall be provided by the owner's engineer for inclusion on the District's standard easement form for recording by separate document." (emphasis added) This condition creates unnecessary issues such as (i) what is a sufficient width? (ii) where are the facilities which may exist? and, (iii) on what basis does the district assert a prescriptive or unrecorded right or easement? The Kolbo's are more than willing to show any and all existing easements on the final map for this project, but cannot accept a condition which allows the district to set the terms of how wide and where easements shall be dedicated to the district when such easements currently do not exist. Based on all of the foregoing, the following are appropriate conditions to be placed on this Tentative Map, and these two conditions should replace the four requested for removal: 4(a) The Oakdale Irrigation District has a foot easement centered on the Lateral and a _ foot easement on the Pipeline. These easements should be shown on the Final Map. 4(b) The following note should be placed on the Final Map: PRIVATE IRRIGATION EASEMENT: Upon conveyance of any parcel shown hereon, it shall be the responsibility of the individuals involved, and not the Irrigation District, to provide for private irrigation easements and/or facilities to the source of the water serving said parcel if said parcel requires irrigation water and is entitled to receive it under the rule of the Irrigation District in which it is located. On the basis of the foregoing two conditions, which would be appropriate under the Subdivision Map Act, the County Surveyor would be able to verify compliance with these conditions, and the Irrigation District would not be required to sign the final map. We have attached a check for $535.00 and request that you proceed with the "Revision of Approved Action" process, omit the existing conditions of approval, and replace them with the two new conditions offered above. As you can see from the attached opinions, the existing conditions of approval are clearly in violation of the law and therefore not appropriate for a tentative parcel map.