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1970-64698JACK 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 :r..- wT' °!T^' °Tfi:TM •^^5rt'°'°'r^^'i'a1,1TRRr' TI TO 1012 FTC —DP (7.681 California Land Title Association Standard Coverage Policy Form Copyright 1963 I- G 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 1 1�i S ;. 2. Unmarketability of such title; or 4r 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 t hereto annexed. In Witness Whereof, Title Insurance and Trust Company has caused its r corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. F . Title Insurance and Trust Company by PRESIDENT Copy of Policy No additional liability assumed Attest SECRETARY i CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1963 SCHEDULE A POLI"__'y NOo Q 902318 PLANT ACCOUNT ARB NO, AMO,UN7 REM i UM a $40't 0 0 EFFECTIV`E' DATE; APRIL 159 1970 AT 9A00 A-IM, NAME OF INSURED ENCIN-"TAS SANITARY DISTRICT THIS POLICY AT THE THE ESTATE OR INTEREST ',[LE. TO THE COVERED By 44 A " — 1 41 DATE HFREECF 'm5 'BESTED INA ENCINITAS SANITARY DISTRICT 2® THE ES71ATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY IS TWO EASEMENTS FOR SEWER PIPES GRANTED TO ENCINITAS SANITARY DISTRICTp RECORDED APRIL 159 1970 UNDER RECORDERO—C FILE NO* 64698 OF OFFICIAL RECORDS* AFFECTS ARE AS FOLLOW58 DOR'll­,,'CN OF LOTS- 4? 5 AND 6 OF THE AUSTIN TRACTi IN THE ­­NTY OF SAN D7EOo STATE OF CALIFORNIAo ACCORDING TO I.- 1I.J I A G MAP `iHEREOF NOs 2174% FILED IN THE OFFICE OF COUNTY Y RECORDER CF SAN DIEGO COUNTY� NOVEMBER 7o 1929e SCHEDULE 5 7HIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOB L01WINGe PART ONE ALL IVATTIERS SET FORTH IN PARAGRAPHS NUMBERED I TO 5 INCLUSIVE ON THE COVER SHEET OF HIS POILJCY UNDER THE HEADING SCHEDULE B PART 0111 E 0 PART TWO 902318 PAGE GENERAL AND SPECIAL COUNT'S AND CITY TAXES FOR 7HE T:SCAL YEARS 1970-71 A L:ENo NOT YET PAYABLE 2* IRRIGATION DISTRICT TAXES OR ASSESSMENTS9 NO EXAMINATION HAVING 8EEN MADE CF THE RECORDS OF SAID DISTRICTo D157R:CTs SAN DIEGUITO 3* AN EAsEmENT FOR POLEip WIRES AND ANCHORAGE FOR THE TRANSMISSION AND DiVRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES: AS GRANTED 70 SAN DIECO GAS & ELECTRIC COMPANY BY DEED RECORDED 8 DECEMBER 3o 1928 IN BOOK 1546P PAGE 498 OF DEEDS AFWECTU 8 AN AREA 2 FEET IN WIDTH OVER SAID PORTION OF THE SOUTHERLY HALF OF "A" STREET BEING I FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBEED CENTER LINED AS FOLLOWSA BEGINNING AT A POINT WHICH IS DISTANT SOUTHERLY 34*8 FEET FR 7HE CENTER LINE OF SAID FORMER "A" STREETt MEASURING ALONG 7HE EASTERLY LINE OF SAID EAST BLOCK 2o PRODUCED NORTHERLY THENCE FROM SAID POINT OF BEGINNINGo SOUTHWESTERLY TO A POINT ON "THE EASTERL? RIGHT OF WAY LINE OF THE ATCHISONo TOPEKA SANTA FE RAILWAY WHICH POINT 15 SOUTHERLY A DISTANCE OF 30*4 FEET FROY THE CENTER LINE CF SAID FORMER "A" STREET BEING IN THAT PORTION OF FORMER "A" STREET* 4x COVENANTS* CONDITIONS AND RESTRICTIONS CONTAINED IN A DOCUMENT RECORDED e AUGUST 18m 1948 IN BOOK 2915; PAGE 203 OF OFFICIAL RECORDS 541D DOZiYENT DOES NOT CONTAIN A SUBORDINA71ON CLAJSEt 902318 PAGE 2 5t 7HE RECITAL CONTAINED ON THE MAP OF SAID LAND '10 ALLOW THE CRC. —ARMS OF POLES OR 570AILAR STRUCTURES PLACED ALONG THE RIGHT OF WAlY 0;:' ,'.ckRT!A?LN HIGHWAYS TO HANG OVER THE ABUTTING LANDo 7 F WAY AN D INC; DENTS THERETO FOR PUBLIC ROAD PURPOSES AS 6, R A G �.-i RA TED 70 Tr E -OUN7Y CF SAN DIEGO BY DEED RECO• JUNE l0i 1942 IN BOOK 1363s PAGE 119 OF OFFICIAL RECORDS AND IN BOOK 1387a PAGE 67 OF OFFICIAL RECORDS L , - " 7 N AT A P 0 1 N1 N -1 H E W ES T E R i- Y LINE N E 0 F ;SAID I D' L 0 T 2 ) D 1 .5 T AN EAST'S EASTT —RECORD SOUTH 28022'30" A F NA, A?" N, a 27*39 FEET PROY THE '110ST WESTERLY CORNZER OR SAID 7hC: CQJTW�,?Es �:- " p E3 E G N I. N, 0 0 F A r-',,: R V E r- 0 N C A VE T L 7 5-1269 FEET; 'THENCE SOUTHEASTERLY F�OLLOWING 1 ,, f7' v 7 % E ,OF SAID LOTS 3 AND 4 ALONG SAID C,,RVEa CF 26 FEET TO THE SOL)THW'EST CORNER OF SAID LOT 4{ `HcN"E NORTH 83cl17'--,0't EAS" ALONG THE SOUTHERLY LINE OF A DISTANCE OF 10,45 FEET TO A POINT ON A CURVE C CN EN 7 R � r4 'wITH THE LAST DES""RIBED CURVE AND HAVING A RADIUS :IF '1582,69 FEEr,,, THENCE NORTHv, L `ESTER'Y ALONG SAID CURVE% THROUGH A CEN' ' A!L ANGLE �3,F 3- 5Z' " 50" % A DISTANCE OF 107 * 19 FEET TO A 1-oMlP,0jNC CURVATURE: WITH A C-JRVE HAVING A RADIUS OF 788o,-5 THENCE NORTHWESTERLY ALONG SAID CURVES THROUGH A CENTRAL ANGwE OF 12053004"o A 'DISTANCE OF 177121 FEET TO HE poIf\,T OF BEC,'INININGi 7CGETHER W"H THE PRIVILEGE AND RIGHT S-(,'RuC%REES AND EXCAVATION AND EMBANKMENT Llly,7TS OF THE ABOVE DESCRIBED RIGHT OF VJAY D I `RE01j 7RE", FOR THE CONSTRUCT'CN AND MAINTENANCE OF SA t- CCU,', y H1,3HWAYt 1\1,5TR-)V EN7 A; SO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DR,� I NAI c, —!�,-RES AND, EXC-AVAT 'ON AND EMBANKMENT 5- LOPP-75 BEYOND 7HE OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION A NL-) VA, '41' ac 71 E NA N C E "? 902,18 PAGE I 7, AN EASEVEN7 FOR POLESo WIRES AND ANCHORAGE FOR THE TRANSMISSION AND D'467RIBUTTON OF ELECTRICITY AND INCIDENTAL PURPOSESt AS GRANTED 70 SAN DIEGO GAS & ELECTRIC COMPANY BY DEED RECORDED 9 DECEMBER 219 1948 IN BOOK 30561 PAGE 291 OF OFFICIAL RECORDS SAiD DEED DOES NOT C-ON71AIN THE LOCATION OF SAID EASEMENT. L* AN EASEYENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSLE SFATED HEREINq AND INCIDENTAL PURPOSES F0< ROAD oo ET UX GRAN` — ,�,) TO FRANK MAT T JULY 309 1956 IN BOOK 6197 PAGE 477 OF' CFFIC"IAL RECORDS AND AS GRANTED TO WILLARD L® NELSON; ET UXt IN DEED RECORDED SEPTEMBER 119 1959 UNDER RECORDEROS FILE NO, 187626 AFFE:TS EAST 10 FEET OF LOT 4 9, A PURCHASE PRICE DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS 7HEREOF DATE A MARCH 25% 1960 AMOUNT $3000400 TRUSTOR a NINA T® BUTTONS A MARRIED WOMAN TRUST--E ALLISON—MC CLOSKEY ESCROW COMPANYt A CALIFORNIA CORPORATION BENEFICIARY A ALBERT Do GOULD9 A SINGLE MAN RECORDED MAY 5t 1960 RECCRD/EERIS FILE NO*A 93003 , Sg HEREIN DESCRIBED PROPERTY WITH AFFEC'T OTHER PROPERTY b0* A PLPCHASE PRICE THE AMOUN,," STATED HER TERMS THEREOF DATED- 9 AMOUNT ENI E I A R Y E C'0 R D E D R E C 0 R 'L',, E R 1 S F L E NOs DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN EIN AND ANY OTHER AMOJNTS PAYABLE UNDER THE MARCH 251 1960 $3�000000 NINA Tt BUTTON2 A MARRIED WOMAN ALLISON—MC CLOSKEY ESCROW COMPANY9, A CAL,'F3RNI-A CORPORATION ALBERT Do GOULD9 A SINGLE MAN MAv 51 1960 93002 902318 PAGE 4 AFFECTSs HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY Ilt COVENANTSt CONDITIONS AND RESTRICTIONS CONTAINED IN A DOCUMENT RECORDED a SEPTEMBER 6p 1927 IN BOOK 13569 PAGE 332 OF DEEDS SAID COVENANTSo CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED BY I AN NSTRI—IMEINT RECORDED FEBRUARY 39 1928 lN BOOK 1452) PAGE 58 OF DEEDS SAID DEED RECORDED 'AN BOOK 1356P PAGE 332 OF DEEDS DOES NOT CION -IA�N, A SUBORDINATION CLAUSE BUT SAID AGREEMENT PROM DES o -IF SHALL NOT DEFEAT OR RENDER INVALID HAI vicLA7'ION THERE, THE LIEN ,,F ANY MORTGAGE OR OTHER INSTRUMENT MADE IN GOOD FAITH AN"-' = -OR VALUEt AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR 7HE PURPOSE STATED HEREIN9, AND INCIDENTAL PURPOSES FOR a SEWER) WATER AND GAS MAINSt POLES AND WIRES FOR THE CONVEYANCE OF ELECTRICITY RESERVED BY I RENE Mt MC INTOSH RECORDED s SEPTEMBER 69 1927 IN BOOK 13569 PAGE 332 OF DEEDS AFFECTS PORTION OF LOT 5 SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT, 13, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE Sl - ATED HEREINP AND INCIDENTAL PURPOSES PIPE LINE OR PIPE LINES FOR TRANSMISSION AND DISTRIBUTION OF WATER R A TE: �,—) TO R SAN DITIEGUITO IRRIGATION DISTRICT REC37;DEL—'w s AUGUST 69 1952 IN BOOK 4550o PAGE 489 OF OFFICIAL RECORDS AFFECTS WESTERLY 10 FEET OF THE NORTHERLY 310 FEETi MEASURED ON THE WEST LINE OF LOT 5 OF THE AUSTIN TRACT 902318 PAGE 5 NOTES THE AFOREMENTIONED DEED CONTAINS THE FOLLOWING RECITAL9 "THE GRANTOR HEREBY AGREES FOR HIMSELFo HIS SUCCESSORS OR AS51GNSO THAT HE WILL NOT PLANT TREES OR CONSTRUCT OR CAUSE TO BE CONSTRUCTED AND MAINTAINED ANY BUILDING OR STRUCTURES OR ANY NATURE OR KIND WITHIN 10 FEET OF SAID PIPE LINEo OR STORE OR PERMIT TO BE 57CRED OR USE UPON SAID RIGHT OF WAY ANY BLASTING SUPPLIES OR EXPLOSIVES COMMONLY USED FOR BLASTING PURPOSES& ILI AN EASEMENT AFFECTING "SHE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREINn AND INCIDENTAL PURPOSES FOR a ROAD OVER THE WEST 20 FEET OF THAT PORTION OF LOT 5 OF THE AUSTIN TRACT GRANTED TC a THE RECORD OWNERS OF THE EAST 100 FEET OF LOT I AND ALL Or LOT 5 OF THE AUSTIN TRACTo !N THE COUNTY OF SAN DIEGO? STATE OF CALIFORNIAs ACCORDING TO MAP NO. 2174o FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYo IN SEVERALTY AND UPON THE SAME TENURE AS THEIR RESPECTIVE INTEREST APPEAR OF RECORD RECORDED OCTOBER 27p 1953 IN BOOK 5027; PAGE 513 OF OFFICIAL RECORDS AFFECTS A AN AREA LYING NORTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 IN SAID AUSTIN TRACT SAID EASEMENT AND RIGHT OF WAY TO BE APPURTENANT TO AND FOR THE BENEFIT OF ALL OF SAID LOT 5 AND THE EAST 100 FEET OF LOT 1 IN SAID AUSTIN TRACT OR ANY PARTS OR PORTIONS THEREOF 15s A DEED OF STATED HEREIN THEREOF DA7ED AYOUN'r TRU570R TRUSTEE BENEFICIARY TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS RECORDED s RECORDERIS FILE NO®8 902318 MAY 9s 1961 $4000*00 NINA BJTTONt A MARRIED WOMAN SAN DIEGUITO ESCROW COMPANY9 A CALIFORNIA CORPORATION OF ENCINITAS OSCAR AHLBERG AND MANDI AHLBERGo HUSBAND AND WIFE AS JOINT TENANTS JUNE 21, 1961 105816 PAGE 6 SAID DEED OF 7057 PRC&DESP UPON CONDITIONS THEREIN CONTAINEW OCP ACCE,ER4TjoN OX VA701-Y OF OBLIGATIONS SECURED THERESY'm SA:P DEED OF "RJZT AFFECTY oEREIN DESCRISE0 LAND WTH OTHER PRMAT, is, ANY ASIESSMWS WHICH MAY BE LEVIED AGAINS7 THE HEREIN DESCR00 TAMR - aw AS is 100SED BY A NOME CF AWARD OF CUN7RACT wp I SAWARY PURDWES vl-K� NOVEMBER 25; 1 RKC7M,-� A DECEMBER 21 1969 kKCATETeb FILE NCO 219509 902318 PAGE 7 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA; COUNTY OF SAN DIEGOo AND 15 DESCRIBED AS FOLUOWSA PORTION CF LOTS 4o 5 AND 6 OF THE AUSTIN TRACTo IN THE COUNTY OF SAN DIEGOo STATE OF CALIFORNIAP ACCORDING TO MAP THEREOF NO,, 21740 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; NOVEMBER 7% 1929; DESCRIBED AS A WHOLE AS FOLLOWS9 BEGINN:NG AT THE SOUTHWEST CORNER OF SAID LOT 51 THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 5 AND 6p NORTH 839170 EAST 24109 FEET TO THE SOUTHEAST CORNER OF THE WESTERLY 80 FEET —MEASURED ALONG THE NORTHERLY LINE— OF SAID LOT 61 THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 80 FEET; NORTH 2107' WEST 173 FEET, THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 5p DISTANT THEREON NORTH 00070 WEST 179 FEET FROM THE POINT OF BEGINNINGi THENCE ALONG SAID WESTERLY LINE; SOUTH 00070 EAST 179 FEET TO THE POINT OF BEGINNINGi EASEMENT'S DESCRIBED AS FOLLOWSa PARCEL 18 THE SOUTHERLY 10 FEET OF PORTIONS OF LOT 5 AND LOT 6 OF AUSTIN TRACT* IN THE COUNTY OF SAN DIEGOt STATE OF CALIFORNIAo ACCORDING TO MAP THEREOF NOi 2174 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYo NOVEMBER 7w 19290 AS IN THE ABOVE DESCRIBED PROPERTY, PARCEL 28 THE NORTHERLY 20 FEETo MEASURED AT RIGHT ANGLES* OF THE WESTERLY 35 FEET OF A PORTION OF LOT 5 OF THE AUSTIN TRACT* IN THE COUNTY OF SAN DIEGOo STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO© 2174 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYP NOVEMBER 7o 1929 OF THE ABOVE DESCRIBED PROPERTYo PARCEL 3,' THE EASTERLY 10 FEET OF LOT 4 IN AUSTIN TRACT; IN THE COUNTY OF SAN DIEGO* STATE OF CALIFORNIA; ACCORDING TO MAP THEREOF NO, 2174v FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYo NOVEMBER 70 19298 901318 PAGE 8 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 T< 238 VC A l_J --, T I N -TR IiCT r-,n !iP 1V o 2\ -I A- '-� n c c`a l e 1 100, TIThis is not a survey of the land but is compiled for information by the 1 Title Insurance and Trust Company from data shown by the official records. E2 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 of defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. 5. 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. 6. 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 terminaw 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 to 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 (1 ) 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 canto 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. S. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under an), 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 settled 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 of 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. R. No. 902318 r,P,4 T rr PTr,JT OF !-r>EY Sheet 1 of 7 DUErt K1'014 ALL "'EN FAY TPESE PPESEPITS • Nina T. Button, a married woman . as her sole and separate property the undersigned, hereinafter desimnited rrantor, owner of t A hereinafter described lands, for a viluahle consideration the receiot of which monetary and other consideration is herQbv acknowledged, does hereby grant and convey to Encinitas Sanitary District herein designated Grantee, a oerpetual easement and right of way ur,on, through, under, over and across the ' hereinafter des- cribed real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pine lines and /or mains, manholes, sewer lateral nine lines, and all structures incidental thereto, together with the perpetual right to rer -?ovn tuildinQs, structures, trees, hushes undergrowth, 4`1w,nr!rs and any other obstructions interferinn with the use c -r !);,ld easement and right of wav 1,v grantee, its successors or, assinns. To have and to hold said easement and rietht of wav untn itself and unto its successors and assinns forever. The real property referred to hereinahove and made suhinct to said easement and right of way by this Prant is situated in the County of San Diego, State of California, and is narticularly described as follovts Easement described as follows- The Easterly 10 feet of Lot 4 in 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, No- vember 7, 1929. NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF FILEIPAGE N0..,....__._,.__. RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. APR 15 9:OOAM'70 BOOK 1970 OFFICIAL RECORDS SAN DIEGO COUNTY CALIF. A. S GRAY, COUNTY RECORDER J ye Sheet 2 of ? The Grantor hereby covenants and agrees for himself, his heirs, executors, administrators, successors and assigns, that there shall not be constructed or maintained upon the above descrihod real nrooerty or within said easement and right of way ary building or structure of anv nature nr kind that 1•fill interfere with the use of said easement and richt of wav h,, nrantee, its successors or assigns, or that -.till interfere i,rith the ingress or egress along said easement by said nrantee, its successors or assigns. The nrantee herpbv rnvenants a.nd ;.^l;-ec:s ��; i `self -, its succes- sors and assiar.s, not to fence the -;h ►e Jcscrit:ed real nron- erty or to prevent the grantor, his ucressors or assigns, from crossing over said real nronerty and ayrpes that C''V Przn' -nr. his heirs, successors and assigns ma- enioy the coi tirund use of the surface (if said real nrooerty `,rNrnir (4e;criherf, suhiect to the conditions above stated: and the rrant.re F( -,-0�v cove- nants and agrees that after Vie installation of -n',► ninfi lint- -v it in anv excavation made by it in the above descrihP4 ease- ment and right of way it will hackfill anv such excavation made by it so as to fill said excavation as nparly as nracticahle to the level of `h: - 4mi-roundinq ground, and ,till r^;ilace anv oiled, asnhalt or concret_- sorfrice with like mater?Al and will reo?ace anv f -nce ret-10 (.0 L �, 'I t . (As used above, the term "grantor'` shall include the plural as well as thf- singular number and thra wor0s "himself' anc+ "his" shall include the feminine and neuter sender as the case may he.) Execute' this ,4 c+av of Signed sealed and delivered in the presence of As subscr ins iottness STATE OF rALIFORMIA- I.s.s. County of San Diego. nn before me, the unders Pined a "'otarl! Public in and for said ~nurty and State, r.ersonally a p p e a r e d Ir _.-? L - � 6-4 i:, e t 'o 7, 't- , kno� -ir to me 16—he---the person whose name 2tz subscrib^:i to the within - instrurienL and c evilpdged that �. executed the same. VTT1'ES)S m- hand and official seal. " r \ (Seal) M-*�*,W� �AIWA'�P� 1 n2-e (SEAL ) (SFAL) after "peordatinn, "ail to- Jack Y. Kubota P.O. Box 1095 Carlsbad, Calif. 92008 ^!otar,y Pug.. i i c iTn ana for said County and/ i tate ja s. Lr ' (0 r (> fi If C-1 s. C) YJy Lr) Lf) V- 1P ° � r ra b i RESOLUTION N0. F -18 RESOLUTION AUTHOM ING ACCEPTANCE OF GRANTS OF RIGHT -OF -WAY FROM ROBERT R. HALL AND ELISSE HALL AND FRF..D B. WESTON AND LITA E. WESTON, GUARDIANSHIP OF THE ESTATE O PATRICIA S. BLUMKA, AND NINA T. BUTTON °_. ,,',;,, WHEREAS. it is necessary that th,e ENCINITAS SANITARY DISTRICT acquire a perpetual easement and right -cf +dray; upon, through.{ under, over, and across certain roal property.1p the County,of San Diego, State of California, for the installation, construction, operation, mai.ntenanoe and repair, replacement, and reconstruction of sewer pipe lines and /or mains, P►anholes, sewer lateral pipe linens and all structures incidental thereto; and WHEREAS, for valuable consideration, Robert R. Ball, Elisse,Hall, Fred B. Weston and Lita E. Weston have executed a grant of right -of -way dated February 200 1970s conveying ,to the FNC?NITAS SANITARY DISTRICT a perpetual easement and right -of -way, as hereinbelow described; and WHEREAS, for valuable consideration, W. E. Thacker, as Guardian of the.Estate of Patricia S. Blumka haq .executed a grant+ of:,right -of -way dated March 6, 1970, "conve ing to the. ENCINITAS SANITARY DISTRICT a perpetual easement and right -oaf -say, as hereinbelow described; and 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. Button has executed a grant of right -of -Nay dated March 23, 1970, �qaveyCing3 to,. tl,4 ,4�CINITAS, SANITO DISTRICT , a,. ,perp*t"l easement „w and right -of -way, as hereinbelow described; and t V> j.. is g WHEREAS, the ENCINITAS SANITARY DISTRICT I$,desirous of F aeoepting said perpetual easements and rights -of -Nay; s NOW, THEPEFORE, BE IT RESOLVED t�ht the . 4ovdrnfnq . 1 1 Board of,the ENCINITAS SANITARY.DISTRICT.of the County of San f Diego, State of California, does hereby accept the Rill lntereaf In real property conveyed by the grant of right- of- way.dated February 20, 1970, from Robert R. Hall, Fliese Hall, Fred B. Weston 4nd Lita E. Weston. to ENCINITAS SANITARY DISTRICT, a. nolitioal�corporatl.on. Said property is described as follows: Lots 1, 2 and 3 and that portion of Lot 5 of Gross Subdivision, in the County of San Diego, State of California, according to the map thereof No. 33079 filed in the Office of County Recorder of San Diego County, October 4, 1955, l,yinF Easterly of the followthg described boundary: Commencing at the Northeast corner of said Lot 5; thence along the Northerly line thereof North 89 030930" West, 154.37 feet to the ;fortheasterly corner lino of land described in dead to Charles E. Roval, et al, recorded March 10, 1053 in Book 4776, Page 235 of Official 'Iecords, and the true point of beginning Thence along the Easterly boundary of said Roya19 s land South 13 0489 Fast 160.70 feet: i.rd South 00029931)" Fast 43.44 feet to the Intersection wit,1- . the Southerly line of said Lot 5. Easement described as follows: A strip of land In 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 "dn.. 3307; filed in the Office of County Recorder of San Diego County, October 4, 1955. BE IT FUFrHER RESOLVED that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of Califorinia, does hereby accept the full interest in real property conveyed by the grant of right -of -ray dated March f, 1970, from W. E. Thacker, Guardian of the estate of Patricia S. Blumka to ENCINITAS SANITARY DISTRICT, a political corporation. Said., property interest is described as follows: The Soiltherly 12 feet of that portion of Lot 5-in Block, "X" of Seasid nardens Annex, in the Countv of San Diego, State of Califo ;nia, according to map thereof No. 1801 filed in the Office 2. o ). Y k� r � 7 of County Recorder of San Diego County, AugUst 6. 19249 46, described as follows: Beginning at a one -hall` inch iron pin on the center line of Ocean View Avenue, according; to MRp 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 °31120" East, 20 feet to a 4 inch t-,q 4 inch monument on the rapt boundary line of said Ocean View Avenue; thence North 4 0281110" West; 94.88 feet to the true point of heginninv;; Thence continuing North 4 028140" Whet, 99.13 feet; thence South 89 030130" East, 230,0 feet: Thence South 4028/401/ 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 ,ierlorder of San Diego County January S, 1940 in Book 9P4, Page 182 of Official Records: Thence North 89030130" Welt, along said Southerly line, 230 feet, more or less, to the true point of bevinninF. hL IT FURTHER RESOLI "En that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of California, doer hereby accept the full interest in real property conveyed boo the r*rant of right -of -way dated i'arch 23, ln70, from Nina T. Button to ENCT.NITAS SANITARY DISTRICT, a nolitical corporation. Said property interest in described as .follows: The Easterly 10 feet of I,ot 4 in Austin Tract, in the Count,t of San Diego, State of California., according, to Map thereof No. 2174, filed in the office of County F'eccrder of San Diego County, November 7, 1929. BE IT:PURTHrR 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 ^_'. Mutton to ENCINITAS SANITARY DISTRICT, a political corporation. Said property interest is described as follows: That portion of Lots 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 Goupty, November 79 1929, described as a whole as follows: Beginning•at,thp Southwest corner of said Lot 5—Thence along the Southerly Itne of said Lots 5 and 6, North 63'17' East 241.59 feet to the southeast corner of the Westerly 80 feet- meseured along the Northerly line of said Lot 6; Thence along the Easterly line of said Westerly 80 feet, North 2 0071 West 179 feet; Thence 3. i n Q k' N V, , a Y . 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 nortions of Lot 5 and Lot 6 of Austin Tract, in the county of San Diego, State of California, according to man thereof No. 2174 filed in the Office of County Recorder of San Diego County, November 7, 19299 as in the above described property. Parcel 2. 7 -,e Hortherlr: 20 feet, r7ea�iured at right anglers, of the Westerly 35 fret of a portion of Lot 5 of the Austin Tract, in khl< Counuv of San Diego, State of California, according to mar thereof No. 2174 filed in the office of County Recorder of San Diego county, November 7, 19296 of the above described property. BE TT VVPTHU, r:E10.1,71EP that the Goverr,in5r Board does request and direct the County Recorder of the County of San Die;ro, State of C:alifornta, to cniise each of as.id deeds to be recorded upon the request of the S,_cretary or Raid ENCINITA" SANITARY T) 1 1-1) 1`11 1,R I CT . pE IT FURTHER RE90LVEP that this resolution shall be numbered F -18. PASSED AND .ADOPTED by the Governing, Board of the ENCINTTAS SANITARY DISTRICT on the loth day of March, 1970, by the following vote: AYES: Pricks, Lienhard, Stowell NOES: None ABSENT: Filanc, Price STATE OF CALIFORNIA) ) ss'. COUNTY OF SAN DIEGO) is M. H. I.UTM, Secretary of Encinitas Sanitary District, do hereby certify that the above and foregoing is a full, true and correct copy of Reaolut�on No. P -1$ as the same appears upon the minutes of the regular meeting- 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• 4. P.R. No. 902318 I� Sheet 1 of f �`F RIrPT OF I,I1`�Y — O VAX MV V101•I ALL LIEN RY THESE PPESVITS • Nina Button , a married woman the undersigne , ereinafter d siant ter! ranter, o��ner o t o hereinafter described lane's, fir a viluahle consideration the recoint of which monetary and other consideration is herebv acknowledged, does hereby grant and convey to Encinitas Sanitary District _ herein designated Grantee, a of iiay upon, through, under, over and across the berainafter des- cribed real property for the installa.l on, construction, operation, maintenance, renair, replacement, and reconstruction of sewer pine lines and /or mains, manholes, sewer lateral nine lines, and all structures incidental thereto, together with the perpetual right to remove huildinas, structures, trees, hushes undPrqrn�, -jt:h, " o =iP s and any other obstructions in.terferinn with t',e use c.T sr.id easement and right of wav hY nrantee, its successors or assigns. To have and to We said easement and right of wav unto itself and unto its successors and assinns forever. The real property referred to hereinabiove and made suhiect to said easement and right of !tl,ay by this grant is situated in the County of San Diego, State of California, and is particularly described as follows: UNINCORPORATED AREA That portion of Lots 5 and 6 of the Austin Tract, in the County of San Diego, State of California, according to man thereof No. 2.174, filed in the Office of County Recorder of San Diego County, November 7, 1929, described as a whole as follows: Beginning at the Southwest corner of said Lot 5: Thence along the Southerly line of said Lots 5 and 6, North 83 017' East 241.59 feet to the Southeast corner of the Westerlv 80 feet - measured along the Northerly line -of said Lot 6; Thence along the Easterly line 6f said Westerly 80 feet, North 2 °07' West 179 feet; Thence Westerly in a straight line to a point in the Westerly line of said Lot 5, distant thereon North 0 °07' West 179 feet from the point of beginning; Thence along said Westerly line, South 0 °07' 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 San Diego, State of California, according to man thereof No. 2174 filed in the Office of County Recorder of San Diego County, November 7, 1929, as in the above described property. Parcel 2. The Northerly 20 feet, measured 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 map thereof No. 19_174 filed in the office of County Recorder of San Diego County, November 7, 1929 of the above described property. FILE/PAGE NO. ........ .... .:.:.. ..:.. RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. APR 15 9 :00AM'70 OFFIC00 K 1970 IAL RECORDS SAN DIEGO COUNTY CALIF. A. S. BRAY, COUNTY RECORDER Sheet 2 of ',I- The grantor hereby covenants and agrees for himself, his heirs, executors, administratnrs, successors and assigns, that there shall not be constructed or maintained unon the above described real nrooerty or within said nasement and right of way any building or structure of any nature or kind that will interfere with the use of said easemert and right of way by Prantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said grantee, its successors or assigns. The grantee herebv rnvenants and any -e,,s i,.self its succes- sors and assiar.s.. ►ant to fence the b ; �n 1. scrit�ed real nron- erty or to prevent the grantor. his iuccnssors or assigns, from crossing over said real nronerty and agrees tha? Vie r.rzint -nr, his heirs, successors and assigns ma­ the co ztintrPJ use of the surface cif said real nronerty F;orpin r'��fcri��e�!, subiect to the conditions above stated! and the grant-. -L t­ cehv covA- nants and agrees that after the installaAtinn of ?nv nine line by it in any excav,At►on Trade by it in the above descriYeO ease- ment and right of uraU it will backfill anv such excavation made by it so as to fill said excavation as nearly as oracticahle to the level of the + ou;;di rg nround , .rd 1.ri 1 1 rr ace anv of Ind , asnhal t or concy•e.. * ,;.,rf ice with like matpri a 1 ind will rent ace any f'�nce rerriorvc,j L v Jt. (As used above, the term "grantor" shall include the plural as well as the singular number anO the words "himself' a►:', "his" shall include the feminine and neuter sender as the cas., may he.) Executes this t'av of Al z��'. -a (SF1 L) Signed. sealed and delivered in the nresence of As subscribing !aiUess STATE OF r.ALIFORMIA- •s.s. Lou v of San Oieno° nn hPforA roe, the undersianed a rotary Public in and for said County and, State, personally appeared (SEAL) After ^ecordation, retail tn- Jack Y. Kubota P.O. Box 1095 Carlsbad, Calif. 92008_ knot-in to me to be the. person whnse name --<- subscribed tc the within _�.,- ---.- instrument and a knot - ilPdctect MriAL YORK Ox0cuf—ed the same. PP1 AL OM CE ii,,;. 1 �� T!'F;S m hand and official 7i MY COMMISSION EXPIPS FEB. 12 1973 ea t• c i Motary ublis in an for said County and t. tate - -1 --1 CC rn O rE C ul ft 4- LL. V) LA- Ly 17 V) 9L C C, C C.