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1970-66410JACK Y. KUBOTA CONSULTING ENGINEE11 P,O. BOX 1095 TELEPHONE; CARLSBAD, CALIF. 92008 June 2 3, 1970 729.1194 (A.C. 714) Mr. Mark Schneider, General Manager Encinitas Sanitary District P.O. Box 99 Encinitas, Calif. 92024 Subject: Assessment District F -100 Rights of way. Dear Mr. Schneider: There is transmitted herewith the following 'right of way files, consisting of the Grant of Right of Way as recorded and the policy of Title Insurance, for the subject oroject: Patricia S. Blumka Nina T. Button Nina Button E. Merrill Carr H.M. Felkey & Barbara M. Felkey Robert R. Hall & Elisse Hall ) Fred B. Weston & Lita E. Weston ) Philip A. Kindler & Diana I. Kindler John H. Kruger & M. Alberta Kruger Daniel N. Salerno & Virginia P. Salerno Eduardo J. Samaniego & Eriaueta R. Samaniego P.R. No. 901641 P.R. No. 902318 P.R. No. 902318 P.R. No. 909014 P.R. No. 902316 P.R. No. 901530 P.R. No. 902317 P.R. No. 901526 P.R. No. 901531 P.R. No. 901527 We suggest that you maintain this file intact for your future reference. Very truly yours Jack Y. Kubota, Project Engineer Encinitas Sanitary District JYK /le A' TO 1012 FTC —DP (7.68) California Land Title Association Standard Coverage Policy Form Copyright 1963 r , _ __.,_7 M_�1F. POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A, B and C and to the Conditions and Stipulations hereto annexed. In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Title Insurance and Trust Company by PRESIDENT Copy of Policy No additional liability assumed Attest SECRETARY CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ® 1963 SCHEDULE A POLICY NO® 8 901641 PLANTS ACCOUNT —ARB NOSo 48 AND 24 AMOUNT 5 $500 000 PREMIUM 8 $40o00 EFFECTIVE DATES APRIL 179 1970 AT 9800 Ai M. NAME OF INSURED ENCINITAS SANITARY DISTRICT In TITLE TO THE ESTATE OR INTEREST COVERED By THIS POLICY AT THE DATE HEREOF IS VESTED IN8 ENCINITAS SANITARY DISTRICT 2® THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY IS AN EASEMENT FOR SEWER PIPE GRANTED TO ENCINITAS SANITARY DISTRICTS RECORDED APRIL 179 1970 UNDER RECORDER'S FILE NO. 66411 OF OFFICIAL RECORDS9 AFFECTS PORTION OF LOT 5 IN BLOCK "X" OF SEASIDE GARDENS ANNEX9 IN THE COUNTY OF SAN DIEGO9 STATE OF CALIFORNIA9 ACCORDING TO MAP THEREOF N0i 18019 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 AUGUST 6o 1924® SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING* PART ONE ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 5 INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B PART ONE® PART TWO 901641 PAGE 1 to GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEARS 1970-71 A LIENS NOT YET PAYABLE 21 IRRIGATION DISTRICT TAXES OR ASSESSMENTSo NO EXAMINATION HAVING BEEN MADE OF THE RECORDS OF SAID DISTRICTo DISTRICTS SAN DIEGUITO 3o THE RIGHTS OF THE PUBLIC 4'0 USE ANY PORTION OF SAID LAND THAT LIES WITHIN ANY PUBLIC STREET OR HIGHWAY 4, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREINo AND INCIDENTAL PURPOSES FOR S ROAD PURPOSES RESERVED BY S GILBERT M® JENNINGS RECORDED S SEPTEMBER 120 1949 BOOK 33139 PAGE 260 OF OFFICIAL RECORDS AFFECTS S THE SOUTHERLY 10 FEET 5. AN EASEMENT PURPOSE STATED FOR GRANTED TO RECORDED RECORDER °S FILE AFFECTS AFFECT HEREINo 8 9 s NOo S s ING THE PORTION OF SAID LAND AND FOR THE AND INCIDENTAL PURPOSES ROAD DAVID No DAVIDSON9 ET UX DECEMBER 8s 1952 BOOK 46789 PAGE 138 OF OFFICIAL RECORDS 152546 ALL OF SAID LAND 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREINo AND INCIDENTAL PURPOSES FOR e ROAD RESERVED BY S ALBERT Io JENNINGS9 ET UX RECORDED S DECEMBER llo 1952 BOOK 46829 PAGE 557 OF OFFICIAL RECORDS RECORDER °S FILE NOoe 154669 AFFECTS S ALL OF SAID LAND 901641 PAGE 2 7, AN EASEMENT FOR POLES9 WIRES AND ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSESS AS GRANTED TO SAN DIEGO GAS 6 ELECTRIC COMPANY BY DEED RECORDED 8 APRIL 279 1954 BOOK 52199 PAGE 142 OF OFFICIAL RECORDS RECORDER °S FILE NOm8 55195 AFFECTS a ALL OF SAID LAND 8® AN EASEMENT PURPOSE STATED FOR GRANTED TO RECORDED RECORDEROS FILE AFFECTS AFFECT HEREINS 8 8 e NO, 8 a ING THE PORTION OF SAID LAND AND FOR THE AND INCIDENTAL PURPOSES ROAD WILLIAM Yo BLEAKLEYS ET UX AUGUST 19 1957 BOOK 66909 PAGE 119 OF OFFICIAL RECORDS 115705 ALL OF SAID LAND 9® AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREINO AND INCIDENTAL PURPOSES FOR 8 ROAD GRANTED TO 8 HERRICK J® STRAINS ET UX RECORDED e FEBRUARY 170 1959 RECORDEROS FILE N0. 8 31355 AFFECTS 8 ALL OF SAID LAND 10® GRANT OF LIEN TO PAYMENT FOR AIDO TREA ACKNOWLEDGED 8 GRANTOR 8 RECORDED 8 RECORDEROS FILE NOm8 COUNTY OF SAN DIEGO FOR THE PURPOSE OF SECURING TMENT9 CARE OR RELIEF MARCH 169 1960 PATRICIA BLUMKA MARCH 24t 1960 60937 11, ANY INTEREST HAROLD Re WOOLDRIDGE AND CHARLOTTE No WOOLDRIDGE9 HUSBAND AND WIFE MAY HAVE IN SAID LAND BY VIRTUE OF A DEED RECORDED JULY 23S 1969 UNDER RECORDEROS FILE NOe 132318 OF OFFICIAL RECORDSm NOTED AT THE DATE OF SAID DEED THE GRANTOR HAD NO RECORD INTEREST IN SAID LAND NOR HAVE THEY SINCE ACQUIRED ANY* NOTES THE EFFECTS IF ANY9 OF A TRUST DEED RECORDED JULY 23; 1969 UNDER RECORDEROS FILE NO® 132319 OF OFFICIAL RECORDS, AFFECT58 EASTERLY 106 FEET OF SAID LAND. NOTEa AT THE DATE OF SAID DEED OF TRUST THE TRUSTOR HAD NO 901641 PAGE 3 RECORD INTEREST IN SAID LAND NOR HAVE THEY SINCE ACQUIRED ANYo 12m ANY INTEREST EDUARDO Ja SAMANIEGO AND ERIQUETA Rm SAMANIEGO9 HUSBAND AND WIFEP AS JOINT TENANTS9 MAY HAVE IN SAID LAND BY VIRTUE OF THE ASSESSORS OFFICE OF SAN DIEGO COUNTYm 13* ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY AS DISCLOSED BY A NOTICE OF AWARD OF CONTRACT FOR 8 CONSTRUCTION OF SANITARY SEWERS CITY OF F ENCINITAS DATED a NOVEMBER 25o 1969 RECORDED a DECEMBER 7o 1969 RECORDEROS FILE NOv; 219509 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY 15 SITUATED IN THE STATE OF CALIFORNIAt COUNTY OF SAN DIEGO9 AND IS DESCRIBED AS FOLLOWSs THE SOUTHERLY 12 FEET OF THAT PORTION OF LOT 515 IN BLOCK "Xil OF SEASIDE GARDENS ANNEXt IN THE COUNTY OF SAN DIEGO► STATE OF CALIFORNIAo ACCORDING TO MAP THEREOF NOs 18019 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 AUGUST 69 19249 DESCRIBED AS FOLLOWSR BEGINNING AT A ONE—HALF INCH IRON PIN ON THE CENTER LINE OF OCEAN VIEW AVENUES ACCORDING TO MAP NOt 1801 AT THE NORTH END OF A CURVE DESCRIBED AS HAVING A CENTRAL ANGLE OF 3303304011 AND A CENTER LINE RADIUS OF 560 FEETI THENCE NORTH 85031120" EASTo 20 FEET TO A 4 INCH BY A 4 INCH MONUMENT ON THE EAST BOUNDARY LINE OF SAID OCEAN VIEW AVENUEa THENCE NORTH 402804011 WEST99 94v88 FEET TO THE TRUE POINT OF BEGINNING$ THENCE CONTINUING NORTH 402894011 WEST9 99*13 FEET$ THENCE SOUTH 8903003011 EAST; 230t0 FEETa THENCE SOUTH 402814011 EAST; 99o13 FEET TO A POINT IN THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED TO GILBERT No JENNINGSo ET UXi RECORDED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 50 1940 IN BOOK 984; PAGE 182 OF OFFICIAL RECORDSa THENCE NORTH 8903013011 WESTo ALONG SAID SOUTHERLY !—INEo 230 FEET2 MORE OR LESS; TO THE TRUE POINT OF BEGINNINGo 901641 PAGE 4 NOTES SAID LAND LIES WITHIN THE BOUNDARIES OF THE IRRIGATION DISTRICT OFS SAN DIEGUITO 901641 PAGE CLTA 107.8 -T (4-10-69) (5-69) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Title Insurance and Trust Company SECRETARY CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it. shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. S. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this policy. b. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminal. all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all; the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy ( I ) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice. or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have sealed a claim under this policy, all right of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should result from any act of the In- sured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall ex- ceed the amount, if any, lost to the Com- pany by reason of the impairment of the right of subrogation. The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any col- lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out o` the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. P.R. No. 901641 GUARDIAN'S DEED TAX I)MI, I, W. E. THACKER, as GUARDIAN of the estate of .... PATRICIA S. BLUMKA,___also- -- known --as PATRICIA SOPHIA BLUMKA _ _ -_ _____ ____ _ _ __ incompetent, for and in consideration of the ------------ -- -------------------------------- -------- sum of TWO HUNDRED DOLLARS------------------------------- - -- - -- ($200.00__ ) hereby grant to -------- ENCINITAS -- SANITARY DISTRICT her all right, title and interest of incompetent at the time of adjudication of incompetency, and all right, title and interest that the estate may have subsequently acquired by operation of law, or otherwise, in and to the real property situated in the County of San Diego, State of California, bounded and described as follows, to wit: The Southerly 12 feet of that portion of Lot 5 in Block "X" of Seaside Gardens Annex, in the County of San Diego, State of Cali - fornia, according to map thereof No. 1801.; filed in the Office of County Recorder of San Diego County, August 6, 1924, described as follows: Beginning at a one -half inch iron pin on the center line of Ocean View Avenue, according to Map No. 1801 at the North end of a curve described as having a central!, of 33 033'40" and a center line radius of 560 feet; Thence North 85 °31'20" East, 20 feet to a 4 inch by 4 inch monument on the East boundary line of said Ocean View Avenue; thence North 4 °28'40" West; 94.88 feet to the true point of beginning; Thence continuing North 4 028'40" West, 99.13 feet; thence South 89030'30" East, 230.0 feet: Thence South 4 °28'40" East, 99.13 feet to,'a point in the Southerly line of land described in Deed to Gilbert N. Jennings, Et Ux, recorded in the Office of County Recorder of San Diego County January 5, 1940 in Book 984, Page 182 of Official Records: Thence North 89° 30'30" West, along said Southerly Tine, 230 feet, more or less, to the true point of beginning. This Deed is made pursuant to an Order of the Superior Court of California, in and for the County of San Diego, in the matter of the estate of _PATRICIA _ S .__ BLUWA,__ also known as PATRICIA SOPHIA BLUMKA incompetent, Probate No. -__- 82611 --------- , same being an - - - - - -- - --- -------------- Order grantee herein, reference to which Order is hereby made for further particulars. WITNESS MY HAND AND SEAL THIS__ 6 --------- - - -- - -- - - - -- -- - Guardian of a ate of the above named incompetent. STATE OF CALIFORNIA,) County of San Diego, ss. On this 6th day of- March,97Q---- - - - - -- before me, MARYBET-- A. CHAKARUN- a Notary Public in and for said County and State, residing ----------------------------------- therein, duly commissioned and sworn, personally appeared W. E. THACKER, known to me to be the person described in, and whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same as GUARDIAN of the estate of _ _ _____ -_ --- --- - PATRICIA S. BLIJN1KAz also known as PATRICIA SOPHI_A_ BLUMK ------------ ----- _ - ------ __ incompetent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. ---- L_1_4tkl }!' / ;.i;".RBETH A. NAKARUN { -„ , obary Public in and for the County of Q IVY ?AitYC CA FORNIA San Diego, State of California. rt PRINCIPAL o c � °i W My commission expires: August 25, 1972 My comm:9$ioa E4;-T L ForI�;6l3 z z 0 b a x H tj Viz. tv , L� i k 1r4 wf ...h .+iC. r, M�xos4'.V, c,'IF Y:aNwMlb1 4+.. ?x telMR y A^ AR C6, ILEIPAGE NO . ....... �. .................... � RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. APR 17 TCOAM'70' POOK '1'970'.. �+ f'• OFFICIAL RECORDS RESOLUTION NO P - SAN DIE GO COUNTY CALIF. GRAY, COUNTY RECORDER RESOLUTION AUTHORIZING ACCEPTANCE OF NO FEE ORANT3 OF RIGHT- OF•»WAX FROM ROBERT R. HALL AND ELISSE HALL AND FRED B. WESTON AND � LITA. E. WESTON, GUARDIANSHIP QF THE MATS PATRICIA S. BLUMKA. AND NINA T. BUTTON +i t —WHEREAS, it is neaessary that the ENCINITAS SANITARY DISTRICT acquire a perpetual easement and right•.of -tray upon, through, under, over, and across certain real property In the County or San Diego, State.of California, for the installation, epnotruetion, operation, maintenance, and repair, replacement, apd reconstruction of sewer.pipe lines and /or mains, manholes, aOvelr. lateral pipe lines, and all structures incidental thereto; and , WHEREAS, for valuable consideration, Robert R,,, Hall, E�isse Hall, Fred B. Weston and Lita F.. Weston have executed a Frant of,right -of -way dated February 20, 1970, conveying to the E =INITAS SANITARY DISTRICT a perpetual easement and right-of-w.-y. 1 as hereinbelow described; and IMEREAS, for valuable consideration, W. E. Thacker, as Guardian of the Estate of Patricia S. Alumka has executed a { F;rant of right -of -way dated March 6, 1970, conveying to,the, ENCINITAS SANITARY DISTRICT a perpetual easement and right -of -May, as hereinbelow described; and I' WHEREAS, for valuable consideration, Nina T. "Button has executed a grant of right-of-way dated March 23, 1970,' conveying to the ENCINITAS SANITARY DISTRICT a perpetual easement and right -of -way, as hereinbelow described`; and WHEREAS, for valuable consideration, Nina'T. Hutton t1as executed a grant of right -of -way dated March 23, 1970s ,00nvIpylng to th4 ,$NCINITAS SANITItR DISTRICT a, perpetual easement end right -of -way, as hereinbelow described; and k y � ..� .. ♦ �e y �,. � r' ' "t f; ,y. �+% I �..f ��. �� .., .. ,< 4 -n. .+ . � .. f. i. _ f �'�TQwy Y—'. 9{ 3 l} WHEREA30 the ENCINITAS SANITARY DISTRICT is desirous of accepting; staid perpetual easements and rights -of -way; k NOW, THEREFORE, BE IT RESOLVED thAt the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, Stat4 of California, does hereby accept the full interest in real property conveyed by the grant of right -of -Kay dated February 20j 1970, from Robert R. Hall, Elias* Ha11, Fred B. Weston and Lita E. Weston to ENCINITAS SANITARY DISTRICT, a political corporation. Said property is described as follows: Lotto It 2 and 3 and that portion of Lot 5 of Gross Subdivision, in the County of San Diego, State of California, according to thou map thereof No. 3307, filed in the Office of County Recorder of San Diegr County, October 4, 1955, l.yin7 Easterly of the following described boundery: Commencinm at the Northeast corner of said Lot 5; thence along the Northerly line thereof North 89 030130" West, 154.37 feet to the Northeasterly corner line of land described in deed to Charles E. Roval, et al, recorded March 10, 1953 in Book 4776, Page 239 of Official 'records, and the true point of beginning; :'hence alone the Easterly boundary of said Royal's land South 13 048' Fact 160.70 feet and South 00 629 +30" East 43.44 feet to the 1rtersee11.-j r.:n wish, tl,e Southe:rl - line of said Lot 5. Easement described as follows s A strip of land 10 feet wide described as follows: The Northerly 10 feet of Lot 1 and the Easterly 38.40 feet of the Northerly 10 feet of that portion of Lot 5 of Gross Subdivision in the County of San Diego, State of California, according, to the man thereof "Ia. 3307; filed in the Office of County Recorder of San Diego County, October 4, 1955, HE IT *FURTHER RESOLVED that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of California, does hereby accept the full interest in real property conveyed by the grant of right -o£ -way dated March 6, 1970, from W. E. Thacker, Guardian of the Estate of Patricia .4. Blumka to ENCINITAS SANITARY DISTRICT, a political corporation. Said i i property interest is described as follows The Southerly 12 feet of that portion of Got 5 in Block. "X "Aof Seaside Garden" Annex, in the County of San Diego, State of California' according to map thereof No. 1801 fixed in the,Office 2. ` f., _ IeV'.'. + -. - Y. ...d yy k.w t. � ��i xrY�:M'. i. *'��t +:�7.,��. r y • � 1{�,C�F� ,T-il" �i� �3 ^ p i t of County Recorder of San Diego County.-August 6,"I924, described as follows: Beginning at a onle -half inch iron pin on the center line of Ocean View Avenue', according to Map No. 1801 at the North end of a curve described as having a central angle of 33 °33140" and a center line radius of 560 feet; Thence North 85 031120" East, 20 feet to a 4 inch by 4 inch monument on the East boundary line of said Ocean View Avenup; thence North 4028'40" West; 94.88 feet to the true point`of beginning; Thence continuing North 4 °28140" West, 99.13 Peet;' °thence South 89030130" East, 230.0 feet: Thenbe South 4 028'40" Eant, 99.13 feet to a point in the Southerly line of land described: in Deed to 01.1bert N, Jennings, rt Ux,'recorded in,the Office of County Recorder of San Diego County January 5, 1940 in Book 984, Page 182 of Official Records: Thence North 89 030'30" Went, along; said Southerly line, 230 feet, more or less, to the true point of beginning. BE IT FURTHER RESOLVED that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of California, does hereby accept the full interest in real property conveyed by the grant of right -of -way dated March 23, 1970, from Nina T. Button to ENCINITAS SANITARY DISTRI'77, a political corporation. Said property interest is described as follows: The Easterly 10 feet of Lot 4 in Austin Tract, in the County of San Diego, State of Ca.lifornie., accordinv to Map thereof No. 2174, filed in the office of County Recorder of San Diego County, November 7, 1929. BE IT ?FURTHER RESOLVED that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of California, does hereby accent the full interest in real property conveyed by the Errant of right -of -way dated March 23, 1970, from Nina T. Button to ENCINITAS SANITARY DISTRICT, a political corporation. Said property interest is described as follows: That portion of Lpts 5 and 6 of the Austin Tract, in the County of San Diego, State of California, according to map thereof No. 2174, filed in the Office of County Recorder of San Diego County, November 7, 1929, described as ,a whole an follows: Aeginniing At the pouthwest corner of said Lot 5 Thence alon the Southerly line of said Lots -5 and 6. North 3°17' East Tl.* 59 feet to the Shutheast corner of the Westerly 80 feet - measured along the Northerly line of said Lot 6; Thence along, the Easterly line of said Westerly 80 feet, North 2 007' West 179 feet; Thence 3. s .t, Westerly in a straight line to a point in the Westerly line of said Lot 5, distant thereon North 0 007' West 179 feet from the point of beginning; Thence along said Westerly line, south 0 007' East 179 feet to the point of beginning. Easements described as follows: Parcel 1. The Southerly 10 .feet of portions of Lot 5 and Lot 6 of Austin Tract, in the county of Son Diego, State of California, according to map thereof No. 2174 filed in the Office of County Recorder of San Diego County, November 7, 19299 as in the above described property. Parcei 2. The Northerly 20 feet, messured at right angles, of the Westerly 35 feet of a portion of Lot 5 of the Austin Tract, in the County of San Diego, State of California, according to macs thereof No. 2174 filed in the office of County Recorder of San Diego County, November 7, 1929, of the above described property. HE IT FURTHER REFOLVr!) that the Governing Board does request and direct the County recorder of the County of San Diego, State of California, to cause each of said deeds to be recorded ur)on the request of the Secretary of said EA;CTNITAS SA141TARY DISTRICT. BE IT FURT;ER RFSOLVEL that this resolution shall be numbered r -18. PASSED VTD ADOPTED by the roverninV Board of the ENCINITAS SANITARY DISTRICT on the 19th day of March, 1970, by the following vote: AYES: Frickn, Lienha.rd, Stowell NOES: ?done APSENTt Filanc, Price STATE OF CALIFORNIA) ) 4s. COUNTY OF SAN DIEnO) it M. H. LUTM , Secretary of Encinitas .Sanitary District, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. F -18 as the same appears upon the minutes of the regular mebtinr of the Governing Board of Encinitas Sanitary District dated March 19, 1970, now on file in my office. Dated this 19th day of March, 1970. • • LUND 4. Ys , A x 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILE /PAGE NO.__� G RECORDED REQUEST OF / 4 41TLE INSURANCE & TRUST CO. `-L4P'1- APR 17 9:00AM70-, 0FFINOO K 1970 AOL RECORDS SAN DIEGO COUNTY CALIF. ! A S. Y, COUNTY RECORDER BERTRAM MCLEES, JR., COUNTY COUNSEL NO FEE q 4 74 FS, Cl•rk F By ---------- DUANE._J.__ GARNFS-_________ _____ _ _ _ _ __ Deputy FEB 2 7 1970 Attorney for W. E. THACKER Public Administrator and Public Guardian�� 5555 Overland, Bldg. 6 278 -9200 Ext. 394 San Diego, California 92123 In the Superior Court of the State of California IN AND FOR THE COUNTY OF SAN DIEGO IN THE MATTER OF THE ES TE GUARDIANSHIP OF THE ESTATE OF PATRICIA S. BLUMKA, also known as PATRICIA SOPHIA BLUMKA, Incompetent $2611 ORDER AUTHORIZING CONEYANCE FOR PUBLIC PURPOSE The petition of W. E. THACKER, as Guardian of the Estate of PATRICIA S. BLUMKA, Incompetent, for order authorizing conveyance for public purpose came on regularly to be heard this day, BERTRAM McLEES, JR., County Counsel, by DUANE J. CARNES, Deputy, appeared in support of said petition and no one appeared in opposition thereto, and the Court being fully advised in the premises and good cause appearing therefor, IT IS ORDERED., ADJUDGED AND DECREED that petitioner, as Guardian, is hereby authorized to convey to ENCINITAS SANITARY DISTRICT for public purposes, upon payment by them of the sum of "'200.00, the following described real 26 I property located in the County of San Diego, State of California: 27 The Southerly 12 feet of that portion of Lot 5 in Block "X" of !Seaside Gardens Annex, in the County of San Diego, State of Cali- 28 fornia, according to map thereof No. 1801, filed in the Office I of County Recorder of San Diego County, August 6, 1924, described 29 as follows: i Beginning at a one -half inch iron p'in on the center line of Ocean 30 I View Avenue, according to Map No. 1801 at the North end of a curve described as having a central angle of 33 033'40" and a 31;;center line radius of 560 feet; Thence North 85 031'20" East, 20 feet to a 4 inch by 4 inch monument on the East boundary line of 32 said Ocean View Avenue; thence North 4 °28'40" West; 94.88 feet to the true point of beginning; Thence continuing North 4 °23'40" 33 �, West, 99.13 feet; thence South 89 °30'30" East, 230.0 feet: Thence,; South 4 028'40" East, 99.13 feet to a point in the Southerly line 1' of land described in Deed to Gilbert N. Jennings, Et Ux, recorded �': in the Office of County Recorder of San Diego County January 5, 3 i 1940 in Book 984, Page 182 of Official Records: Thence North 89° - - -- - -- — - - -- 30,30" vest, along sa i d Southerly line, 230 feet, more or 1 ess , 1 to the true ooi nt of bees ^ ~' FEB 2-�.1970 BONSALL NOON The foregoing instrument is a. full, true and correct copy, of ,lte original on file in this of-'ice. LL B. JAMBS, County Clerk cnid C" r': A r of ue SAIAM of California, in and for the Cvuuty I Sa D °go, �1 _ti Deputj JAMS Si": .:i� jo i t 31 ' 32 33 i 3 r! FEB 2-�.1970 BONSALL NOON The foregoing instrument is a. full, true and correct copy, of ,lte original on file in this of-'ice. LL B. JAMBS, County Clerk cnid C" r': A r of ue SAIAM of California, in and for the Cvuuty I Sa D °go, �1 _ti Deputj JAMS Si": .:i� 2.3 0 9D r' 2 5