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1970-64700JACK 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"p'F 7�- - TO 1012 FTC --DP (7.68) California Land Title Association Standard Coverage Policy Form Copyright 1963 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 j 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 4 ii . ry f'..__ "' ... .. ... .�...: '...ryry.. ... �a.. ..... <'s e to CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1963 SCHEDULE A POLICY NO* a 901530 PLANT ACCOUNT ARB NO* 7 AMOUNT 1 $19000000 PREMIUM 1 $40000 EFFECTIVE DATES APRIL 159 1970 AT 9100 Aa Ms NAME OF INSURED ENCINITAS SANITARY DISTRICT 1® TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED INa 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 GRANTED TO ENCINITAS SANITARY DISTRICT FOR SEWER PIPED RECORDED APRIL 15* 1970 UNDER RECORDERIS FILE N0. 64700 OF OFFICIAL RECORDS* AFFECTS — 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* 3307* FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY* OCTOBER 4* 1955. SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWINGm 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 ONEd PART Two 901530 PAGE 1 19 GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEARS 1970 -71 A LIENS NOT YET PAYABLE 2. IRRIGATION DISTRICT TAXES OR ASSESSMENTS► NO EXAMINATION HAVING BEEN MADE OF THE RECORDS OF SAID DISTRICT. DISTRICTS SAN DIEGUITO 3, AN EASEMENT FOR POLESo WIRES AND ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSESo AS GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY BY DEED RECORDED 8 APRIL 150 1926 IN BOOK 1203s PAGE 204 OF DEEDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT, 4® AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREINo AND INCIDENTAL PURPOSES FOR 8 THE INSTALLATION AND MAINTENANCE OF SEWERS WATER AND GAS MAINSt POLES AND WIRES FOR THE CONVEYANCE OF ELECTRICITY WITH THE RIGHT OF INGRESS AND EGRESS FOR THE MAINTENANCE THEREOF RESERVED BY ' IRENE M• MC INTOSH RECORDED 8 IN BOOK 1340+ PAGE 68 OF DEEDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 5m A PURCHASE PRICE DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED 8 MAY 220 1968 AMOUNT 8 $105000.00 TRUSTOR 8 ROBERT Rs HALL AND ELISSE HALLO HUSBAND TRUSTEE u BENEFICIARY 8 RECORDED 8 RECORDER °S FILE NO,8 901530 AND WIFEx AND FRED Be WESTON AND LITA Es WESTONo HUSBAND AND WIFE FIRST NATIONAL BANK OF SAN DIEGOx A NATIONAL BANKING ASSOCIATION KJELL ANDERSSONx A MARRIED MAN OCTOBER 8o 1968 175115 PAGE 2 THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO s SOUTHERN CALIFORNIA FIRST NATIONAL BANKS ENCINITAS DATED NOVEMBER 59 1968 RECORDED a NOVEMBER 7o 1968 RECORDERIS FILE NOts 195513 AFFECTS8 HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY 901530 PAGE 3 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA9 COUNTY OF SAN DIEGO; AND IS DESCRIBED AS FOLLOWS8 LOTS 1; 2 AND 3 AND THAT PORTION OF LOT 5 OF GROSS SUBDIVISIONS 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 49 19559 LYING EASTERLY OF THE FOLLOWING DESCRIBED BOUNDARY9 'COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 51 THENCE ALONG SHE NORTHERLY LINE THEREOF NORTH 89030'3011 WEST# 154*37 FEET TO THE NORTHEASTERLY CORNER LINE OF LAND DESCRIBED IN DEED TO CHARLES E& ROYALo ET ALP RECORDED MARCH 10o 1953 IN BOOK 4776; PAGE 235 OF OFFICIAL RECORDSo AND THE TRUE POINT OF BEGINNINGi THENCE ALONG THE EASTERLY BOUNDARY OF SAID ROYAL'S LAND SOUTH 130481 EAST 160o70 FEET AND SOUTH 0002913011 EAST 43*44 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 5. EASEMENT DESCRIBED AS FOLLOWS, A STRIP OF LAND 10 FEET WIDE DESCRIBED AS FOLLOWSA 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 DIEGO9 STATE OF CALIFORNIAo ACCORDING TO THE MAP THEREOF NO* 33071 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 OCTOBER 4s 1955s 901530 PAGE 4 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 p 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. 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 terminat2 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 (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 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. B. 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 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 he 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 L y 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 34, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. P.R. No. 901530 Sheet 1 of r.,PVIT nr RTP;_'T OF 144! Y . NOX DUE" Kt, n±i ALL 111EN BY THESE PPFSUITS. Robert R. Hall and El isse Hall , husbanc and wife, as community property, as to an undivided one half interest, and Fred B. Weston and Lita E. Weston, husband and wife, agcnm unit property, as to an undivided one half interest the undersigned, hereinafter esign -iter' nrantor, otoner of t p hereinafter described lands, for a vi 1uahla consideration thr, receipt of which monetary and other consideration is hereby acknowledged, does hereby grant and convey to Encinitas Sanitary District herein des rinated Grantee, a perpetual easement and right of jay upon, through, under, over and across the hereinafter des- cribed real property for the installation, construction, operation, maintenance, repair, renlacPmpnt, and reconstruction of sewer pine lines and /or mains, manholes, seder lateral nine lines, and all structures incidental thereto, together with the perpetual right to remove buildinas, structures, trees, hushes underarowth, i`lotqe-, and any ^then obstructions interferinn with the use c. -f s;-id o:aserent and right of wav 1-y prantpe, its successors or assigns. To have and to hold said easement and right of way unto itself and unto its successors and assigns forever. The real property referred to hereinabove and made suhiect to said easement and right of clay by this nrant is situated in the County of San Diego, State of California, and is particularly described as follows UNINCORPORATED AREA 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. 3307, filed in the Office of County Recorder of San Diego County, October 4, 1955, lying Easterly of the following described boundary: Commencinq at the Northeast corner of said Lot 5; thence along the Northerly line thereof North 89 °30'30" West, 154.37 feet to the Northeasterly corner line of land described in deed to Charles E. Royal, et al, recorded March 10, 1953 in Book 4776, Page 235 of Official Records, and the true point of beginning; Thence along the Easterly boundary of said Royal's land South 13 °48' East 160.70 feet and South /Od °29'30" East 43.44 feet to the intersection with the Southerly line of said Lot 5. Easement described as follows: 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 nipao, State of California, according to the map thereof No. 3307; filed in the Office of County Recorder of San Diego County, October 4, 1955 FILEIPAGE N0. ----------------- ___ RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. APR 15 9:01-OANI'70 ¢OOK 1970 OFFICIAL RECORDS SAN DIEGO COUNTY CALIF. A S. GRAY, COUNTY RECORDER FIE E 2 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 unon the above described real nronerty or within said easement and ricaht of tray anv buildinq or structure of anv nature or kind that vill interfere 1.�►ith the use of said easemert and right of wav by nrantee, its successors or assigns, or 1-hat will interfere with the irnress or egress along said easement by said grantee, its successors or assigns. The Grantee hereby covenants and agi,p,�s 4o;, i-`self, its succes- sors and assinns. not to fence the abwfa doscrit:ed real nron- erty or to prevent the Prantor, his successors or assigns, from crossing over said real nronerty and agrpes tY a : :'te nrantnr, his heirs, success6rs and assigns ra- enicy the coiY tinun d use of the surface cif said real nroperty horein described, subiect to the conditions above stated: and the nrantee re -rehv cove- nants and agrees that after the installation of any! nine line by it in any excavation made by it in the above described eace- ment and right of way it will hackfii1 anv such excavation made by it so as to fill said excavatinn as nearly as nracticable to the level of the surroundinq �3rourcd, and will replace anv oiled, asnhalt or concrete surface w�,th like material and will replace any fence removeQ uy -it, (As used above, the term " arantor' shill include the plural as well as the sinqular number and ttte Ulords "himself" and "his" shall include the feminine and neuter sender as the case may be.) Executed this ,C % day of Febru ar_y_r _ , 10 70 f Signed sealed anti delivered in the nresence of I ;_ As s u b s c r i b i n ness STATE OF CALIFORNIA° Is.s. County of San New nn February 2 C , 10 70 before me, the undersianed a rotary Public in and for said County and State, personally appeared Robert R. Hal, Elisse Hall, Fred B. Weston_ and Lita E. Weston knoNn to me to be the persor whose names are subscribed tc the Ui th n instrument and acknowledged t t, ri '4 they ox,- cuterd the same. d'UNESS m- hand and official soal. MoVary Public n and for said Count+► and State e. Robert R. Hall ,r } (SEAL Elisse Hall Fred B. Weston 1`rf it - -A Lite( E. eston After r'ecordati on , "ail to Jack Y. Kubota P.O. Box 1095 Carlsbad, Calif. 9200 OFFICIAL SEAL ELIZABETH B. STALLINGS NOTARY PUBLIC, CALIFORNIA 0 PRINCIPAL OFFICE IN SAN DIEGO COUNTY MY Commission Expires January 1. 1972 c,I .. .mss i 4 i sewer lateral pipe lineq, and all structures incidental thereto; and,, I i . ,WIIEREAS, for valuable;- consideration, Robert R. ^Hall, Elipse Hall, Fred B. Weston and Lita E. Weston have executed a i grant of right -of -way dated February 20, 1970, conveying to the ENCINITAS 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 has,executed a grant of right -of -way dated !,arch 6, 1970s conveying to the ENCINITAS SANITARY DISTRICT a perpetual easement and right -of -way, v as hereinbelow described; and WHEREAS, for valuable consideration, Nina T.`Button has executed a grant of right -of -gray dated March 23, 1970, conveying to therENCINITAF SANITARY DISTRICT a' perpetual easement I and right -of -way, as hereinbelow ddescribed; and WHEREAS, for valuable consideration, Nina T, Button haq executed a grant of right -op way dated March 23, 1970s Iva vpying to,,the, ,F,NC.INITAg U111TAM DI€3TR %CT,, a perpotiia�l easement and right -of -way, as hereinbelow described; and ' 21 N RESOLUTION AUTHORIZING ACCEPTANCE OF B . 0RANTS OP RIGHT -OP;40 PROK. Y o �t . •, t �OBERT R. HALL AND ELISSE HALL AND PRED B. WESTON AND i eyLITA , Ei .,WESTON-# GUARDIANSHIP, OF, THX ' MATZ,,OF PATRICIA 5, BLUMKA AND NINA T. BUTTON • t. • WHEREAS, . it is- nacessarN, that;- tho ENCINITAS, SANITARY DISTRICT acquire a perpetual easement and right- df *1#ay. upon, r4 thrpugh, under, over,. and aerose..oa'rtain real property -.11P the Co4hty of San Diego', State of California, for the installatlen, eonptruction, operation, maintenanee,,,and repair,,replgeement, and reconstruction of sewer pipe lines and /or mains, manholes, f f sewer lateral pipe lineq, and all structures incidental thereto; and,, I i . ,WIIEREAS, for valuable;- consideration, Robert R. ^Hall, Elipse Hall, Fred B. Weston and Lita E. Weston have executed a i grant of right -of -way dated February 20, 1970, conveying to the ENCINITAS 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 has,executed a grant of right -of -way dated !,arch 6, 1970s conveying to the ENCINITAS SANITARY DISTRICT a perpetual easement and right -of -way, v as hereinbelow described; and WHEREAS, for valuable consideration, Nina T.`Button has executed a grant of right -of -gray dated March 23, 1970, conveying to therENCINITAF SANITARY DISTRICT a' perpetual easement I and right -of -way, as hereinbelow ddescribed; and WHEREAS, for valuable consideration, Nina T, Button haq executed a grant of right -op way dated March 23, 1970s Iva vpying to,,the, ,F,NC.INITAg U111TAM DI€3TR %CT,, a perpotiia�l easement and right -of -way, as hereinbelow described; and ' 21 .H, +. ,y' ....oe, wp. `1.:r' K "s�.,..7 ,.� {.any }�i' "��`�+32f� f�+.�.Ak'�'d'G" i���' LG 'arci+'�%i►�:.�fr�%:i:�M.,'. '�.� 4' _. ar, ' '1 a • p IWH&�PASV tho �NCINIT4S 4ANITARY DISTRICT � eairoue of neblepiirikf e4id poftkua1 easements and rights -of -►way; NOW �THERSfORE .,BE, T; AtSQt;VxP Board =.,of -1he ENCINITAS SANITARY ,DI:3TR, G1" 0r�4'the County wdt' �'$".` Dldg© `8t6te of ;'Californla does' hereby. ai¢aept,,thet'fP1j ' intoreo �... } r . y.. e „ 1' .. K; S" r , . ". -" „ .. . f .. 7 - a • iy 't ...t ' _` � � r inz re4110ropertr conveyed by obe - gr4nt . Qf V right'' ot! -W r' •.deed• F$bruary 90o 1970', from Robert R, Hall,Zlisae Ull,,. fd` Weston; and Lita E. Weston to ENCINITAS :SANITARY, b�STjtICT, Aa •.. politieal..corporation. Said property is described as fo 3owis s Lots 1, 2 and 3' and that 'portion of,-Lot 5 of Cross Subdivision, in the County of San Diego, State of California, according to the mar - thereof No. 3307, filed in the Office of,Gounty, Recorder of San Die'po County, October 4, 1955, lying Easterly of the following described boundary: CommencinIT at the Northeast corner. of said Lot ,.5t thenee, along the Northerly line thereof North 89030130" West, 154.11' Peet to the Northeasterly corner line of land described in =dead to Charles E. Royal, et al, recorded March 10, 1453 in Book 4776, Page 235 of Official .Records, and the true point of beginning; Thence along the Easterly boundary of said Royalty land South 13 04$t Fast 160.70 feet and South 00 029'30" East 43.44 feet to the intersection with the Southerly line of said Lot 5. a Easement !described as follows' v4strio of,land 10 feet wide described as follows: The northerly 10 feet of Left l and the Easterly ,38„4O.,reet, of the Northerly 10 feet of that portion of Lot 5 of Gross Subdivisson in the County of San Diego,.State of California, according to the man thereof No. 3307; filed in the Office of County Redbrder of San Diego. County..October'4, 195 x4, y BE IT FURTHER RESOLVED that the,©overninir Board of the tKOINIMAS SANITARY DISTRICT of they County, ofr 84M AX4go,y:7,State of Chlifornia, does, hereby accept• the full -- interest,. in, real,, property ,brfveyb4'by` the. grant of right -of -way dated March 6, 1970, from Guardian of the E'atate., of Patripi¢ 81umkik . HNCIt4TTA.9 SAANTTART =STRICT-#' a, politioalw *orparAt a�,,,w 8ai' .:::4.�t. ,j t "•�j' ` t >'. "t .}. .. .j,: , ;•. r:_r� E. ;t �! .�., a � �. : ;property pintereat is described as follows 11i 9dtit +srly 1`3 ,foot of that portion :off' rLot �SA�I.PC1lo44 :�!x'e !bf 5 ' t ear de nerd °hr 'Ann+da; 'in the County of ;#dun ASegta,:. <St 4q,' Qt , �ei'i�'vr��a��'gaocf�dir�g Ito triap therectf o« �$Q� �`1I.44 �.n,,- th�•�f�ttae ,..� Zq FX r f4' ' , y "mac r .. �. w r 4 }-•.- r „_,_' •1 1 of County Recorder iof San Diego County, Auguat 6, 19240 described as followss BeR'nning 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 havinp, a central angle of 33 °33'40” and a center line radius of 5 60 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; t)ience North 4 028'110" West; 94.88 feet to the true point of be pinntnP, Thence continuing North 4 028'40" West, 99.13 feet; thence South 89 030'30" Eait, 230.0 feet: Thence South 4028'40" Eact:,' 99.13 feet to a point in the Southerly line of land described in Deed to Gilbert N. Jenninrs, Ft Ux, recorded in the Office of Count,v Necorder of >an Diego County January 5, 1940 in Book 984, Pape 162 of Official Reeordat Thence North 89 030130" West, along said Southerly line, 230 feet, more or less, to the true point of beginning;. HL IT PURTHER RESOLV1:n 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 Prant of right -of -way dated °larch 23, 197,0, from Nina T, Rutton to ENCINITAS SANITARY PISTRICT,o 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 California., according to Map thereof No. 2174, filed in the office of County FecordAr of San Diego County, November 7, 1529. BE IT rURTHrR RESOLVED that the cloverninrr 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 grant 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 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 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 63 917' Fast 241.59 feet to the Southeast 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, ?forth 2 007' West 179 feet; Thence 3. _fi 1� ..r ..: u(, 4 �"�".w�'R'^ r 4' Westerly in a straight line to a point in the Westerly line of said Lot 5, distant thereon:'North Q °Q?' West 179 feet from the point of beginning; Thence along said Westerly line, South 0 °071 Fast 179 feet to the point of beginning." Fasements described as follpwss 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 7r 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 man thereof No. 2174 filed in the office of County Recorder of San Diego County, November 7, 1929# of the above described property. BE IT FURTHER R7SnLVFD 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 upon the request of the Secretary of said ENCINITAS SANITARY DISTRICT. BE IT FURTHER RESOLVED that this resolution shall he numbered F -14. PASSED AND ADOPTED by the Governing Board of the ENCINITAS SANITARY DISTRICT on the 19th day of March, 1970, by the following vote: AYES: Ericks, Lienhard, Stowell 140ES: prone ABSENTt Filanc, Price STATE OF CALIFORNIA) ) 8S. COUNTY OF SAN DIEGO) is M. H. LUND, Secretary of Encinitas ,Sanitary District, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. P -18 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. Me He LUND 4. .� «. .,.�._ e��Ti1lK .. Ji�i+p�pr.�►'1!T" +t