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2016-12 Quitclaim Deed Hicks RESOLUTION 2016-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT APPROVING QUITCLAIM OF DEED RESTRICTIONS ON LOT 15, BLOCK 5 OF MAP NO. 148 (APN 258-083-013-00) WHEREAS, the San Dieguito Irrigation District granted the Lot 15 of Block 5 Map No. 148 to Archie J. Hicks and Ethel A. Hicks per grant deed recorded August 22, 1947 as Book 2478, Page 129 of Official Records (APN 258-083-013-00); and WHEREAS, Janet R. Grice, as Trustee of The Grice Living Trust dated March 15, 1977, as to an undivided one-half (1/2) interest and Karen Sinai, Successor Trustee of The Lund Family Trust dated July 16, 1991, as to an undivided one-half (1/2) interest is the current owner of Lot 15 of Block 5 Map No. 148 (APN 258-083-013-00); and WHEREAS, said grant deed was made and accepted with expressed covenants, restrictions, and conditions, whereas a breach of any one would cause the property to revert immediately to the grantor; and WHEREAS, the San Dieguito Water District is successor in interest to the San Dieguito Irrigation District as grantor; and WHEREAS, any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, and disability is a violation of United States law, 42 U.S.C. § 3604(c) and is thereby non- enforceable; and the other two restrictions are outdated and/or covered by the City of Encinitas' Municipal Code; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the San Dieguito Water District order as follows: 1. That the quitclaim deed abandoning deed restrictions be granted and is approved. 2. That the General Manager of the San Dieguito Water District is authorized and directed to execute the quitclaim deed on behalf of the District. PASSED AND ADOPTED at a regular meeting of the Board of Directors of San Dieguito Water District held on the 19th of October 2016, by the following vote: AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer NOES: None ABSENT: None ABSTAIN: None Attest: � (4l� Lisa Shaffer, President ��lJ� Kathy HO'llywcYod, Board Secretary RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA 92024 APNs: 258-083-13-00 QUITCLAIM DEED RESTRICTIONS FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged SAN DIEGUITO WATER DISTRICT, an Irrigation District of the State of California does hereby remise, release, vacate, abandon, and forever quitclaim all conditions,restrictions, and easements of record as granted August 22, 1947 in Book 2478, Page 129 of Official Records, to Janet R. Grice, as Trustee of The Grice Living Trust dated March 15, 1977, as to an undivided one-half (1/2) interest and Karen Sinai, Successor Trustee of The Lund Family Trust dated July 16, 1991, as to an undivided one-half(1/2) interest; the real property is in the City of Encinitas, County of San Diego, State of California. OWNER: Date: By: William C. O'Donnell General Manager San Dieguito Water District 258-685-05 °• Lot 16,Block 5 of Map No. 148, - E D St Same Ownership r ' t {z. Le 18 18 ._.. 258 s ;,y Lot 15,Block 5 of Map No. 148 , o Property Subject to Quitclaim of L Deed Restrictions ., 6 258483.14 16 -082 1 1 T T _ � I yxi�.. I I 258-083-0 2 2 258-006-16 YY h I ^� • i I � ('�� 2 r { • •+ ' k 258-088-03. 3 ii F A } 1258.08&02 ' — �_� 258-00-15 255-08304 ssi g; Std '258-OBY1178� b_I _ -' /l� ' - i" f ® AbuuNWW W•uuW 1p F,pYwXp. � �__ �-ru`�r. Encinitas Attachment 1: Location Map �•^^ "�-'•'••k^^� , � Map Lot 15, Block 5 of Map No. 148 �a�,���ur,..•..rn � r�.,.r 1 Inel,.W INI Attachment 2: !79 Recorded at Request of Union Title las A Tr Co 1n422_1947-94K ROGER N. BOWS County ReeWGt 1.00/ 3 By Deputy D. bole Vp,1. " 88279 J.►�� I ,mr "°°° "" ■ W a9y i `J 'kFPa USIR STAMPS, 5.55 ` I SAN DINGOITO IRRIGATION DISTRICT, • State Agency of the County of Sea Dlogo, State of jCalltar.16, for and in consideration of the sun of Pa ar Fear Hundred (8400.00) Dolls does hereby grant to Archie J. Hicks and Rthml Z. Nish, husband and wife, as joint teeanta, ALL THIS REAL P20PEM aftuated in the Sam Diegsito Irri atlon District, County of San Diego, State of Califwal&g bounded and described as follower Lot 159 in block 5 of goclaitas, according to)Hap thereof No. 145, m file In the office of the Canty Resord&r of La Diego County, California. Subject to all conditiow. restrictions, end "message of record. This conveyance Is also a "ncellstion. extinguishment ad release of each and every esssosaeat or sea claim or Ilea, dellsquent sale certificate, tai deed or other tai or as- sesusat proceedings of sold San Dlegulto Irtigatlon District against the share described ^ preafses, except its assessment Clain, &earned or &morning for the tai year 1947/48. t 1 This deed is made and accepted and sold real property Is hereby granted upon the fol �f lowing express covenants, restrietlmf &red conditions, a breach of any me of which will cause to revert Immediately to the Creator harem, nwelyH 1. Neither the whole or any part of said preaises &hall be sold, convoyed, loved or rested to rep person other than of the white or Cancestea race; neither the whole, or any part of said promisee shall be aaupled or wed by any person other than of the White or Caucasian race, unless such person be In the employ of the resideat Owner or resident t � ent of said prwieas. 2. That If sad whom a resldence is constructed on title property, the value of saw shall act be less then $19500.00 3. That an temporary buildings, tents. w trailers, shall be constructed or coated ca this propert; fo= residential purposes pending the construction of a oareswnt reaidowe, _ without the written permission of the Hoard of Directors of Bum Dleguito Irrigation DSstr ca. o WITNESSM& That sold corporation bas "used title dead to be signed by Its Ptesldest and Its Secretary and its corporate seal to be affixed Dwain this 23ad may or Jay, 1947 Us DE OUITO IRRIGATION DISTRICT 8 I DSDTHIC! Slox By L. P. McChesney 1 Z president DIWOC6G By maebert soon Secretary Bate of _ )) County of_ ins on this 22nd day of July, 1947 before w, the undersigned, a Neary Public In and to gold County, ""cmally, appeared L. P. MaCinsoq known to as to be the President, and Her bent Nom known a w to be the Secretary of the corporation that executed tameable Ima &- "atp ImOwa to as to be the persons who executed the within Swtrnsenk an behalf of the dir- poration therein wend, and acHDHwledged to w that such corporation eweatsd ten sus. ®raft . Dozeclp H. wuean Notary Public in and for aid Canty ad Sao. magge Samoan / My commission expires Jam. 30, 1951. Recorded at Request of Union Title Iw d Tr Co Aug 22 1947 9 AM ROGER R. HWE County Recorder "p By Deputy D. leis 198265 6 00."PAR o J.M>FTHl ..000. - i 2016-10-191 Item S813 4 of 7