1970-41354JACK 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
,
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TO 1012 FTC —DP (7 -68)
California land Title Association
Standard Coverage Policy Form
Copyright 1963
POLICY OF TITLE INSURANCE
1 .
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
,1
Stipulations hereof, which the Insured shall sustain by reason of:
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
r ; 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
ri G i. 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
�w
PRESIDENT
Copy of Policy
No additional liability assumed
Attest
SECRETARY
=fir 77
x
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ® 1963
SCHEDULE A
POLICY NO. , 901526 PLANT ACCOUNT, PORTION OF 17
AMOUNT , $10000800
PREMIUM , $40 ®00
EFFECTIVE DATES MARCH 9v 1970 AT 9800 A® Me
INSURED
ENCINITAS SANITARY DISTRICT
I$ TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE
DATE HEREOF IS VESTED INS
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 GRANTED TO THE VESTEE HEREIN RECORDED
MARCH 90 1970s RECORDER °S FILE NOt 41354e
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
ONE,
PART TWO
901526 PAGE i
10 GENERAL AND SPECIAL COUNTY TAXES
FOR THE FISCAL YEARS 197071
A LIEN. NOT YET PAYABLE
20 IRRIGATION DISTRICT TAXES OR ASSESSMENTS. NO EXAMINATION HAVING
BEEN MADE OF THE RECORDS OF SAID DISTRICT.
DISTRICTS SAN DIEGUITO
3, THE RECITAL CONTAINED ON THE MAP OF SAID LAND TO ALLOW THE
CROSS—ARMS OF POLES OR SIMILAR STRUCTURES PLACED ALONG THE RIGHT
OF WAY OF CERTAIN HIGHWAYS TO HANG OVER THE ABUTTING LANDm
4m AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR
THE PURPOSE STATED HEREIN. AND INCIDENTAL PURPOSES
FOR S SEWERS WATER AND GAS MAINSo POLES AND
WIRES FOR THE CONVEYANCE OF ELECTRICITY
RESERVED BY S IRENE No MC INTOSH
RECORDED S JUNE 30o 1927 IN BOOK 13559 PAGE 110
OF DEEDS
AFFECTS S LOT 6
5s ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED
PROPERTY. AS DISCLOSED BY A NOTICE OF AWARD OF CONTRACT
FOR S SEWER
DATED S NOVEMBER 259 1969
RECORDED S DECEMBER 29 1969
RECORDER'S FILE NOog 219509
901526 PAGE 2
SCHEDULE C
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF
CALIFORNIA# COUNTY OF SAN DIEGO9 AND IS DESCRIBED AS FOLLOWS8
ALL THAT PORTION OF LOT 6 IN BLOCK "X" OF SEASIDE GARDENS ANNEX#
IN THE COUNTY OF SAN DIEGO# STATE OF CALIFORNIA9 ACCORDING
TO MAP THEREOF NOm 18010 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY; AUGUST 69 19249 DESCRIBED AS FOLLOWS9
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 69 DISTANT
THEREON SOUTH 890 300 30" EAST 280 ®00 FEET FROM THE NORTHWEST
CORNER THEREOF; SAID POINT OF BEGINNING BEING ALSO THE NORTHEAST
CORNER OF LAND DESCRIBED IN DEED TO CHARLES E® READS ET UX#
RECORDED MAY 5# 1948 IN BOOK 27849 PAGE 325 OF OFFICIAL RECORDS,
THENCE SOUTH 1® 490 30" WEST 14300 FEET ALONG THE EASTERLY
LINE TO THE SOUTHEAST CORNER OF SAID READ PROPERTY TO THE TRUE
POINT OF BEGINNING$ THENCE CONTINUING ALONG THE PROLONGATION
OF SAID EASTERLY LINE TO THE INTERSECTION WITH THE SOUTHERLY
LINE OF SAID LOT 61 THENCE NORTH 890 300 30" WEST 288.92 FEET#
MORE OR LESS# ALONG THE SOUTHERLY LINE OF SAID LOT 6 TO THE
SOUTHWEST CORNER THEREOF9 WHICH IS A POINT IN THE EASTERLY
LINE OF OCEAN VIEW AVENUE AND IN THE ARC OF A 580.00 FOOT RADIUS
CURVE# CONCAVE WESTERLY$ THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE AND SAID EASTERLY LINE OF OCEAN VIEW AVENUE TO ITS
POINT OF INTERSECTION WITH A SOUTHWESTERLY LINE OF SAID READ
LANDS THENCE ALONG SAID READ LAND$ SOUTH 30® 530 EAST 15,79
FEET; THENCE SOUTH 890 300 30" EAST PARALLEL WITH SAID NORTHERLY
LINE OF LOT 6 A DISTANCE OF 269.46 FEET TO THE TRUE POINT OF
BEGINNING®
901526 PAGE 3
CLTA 107.6 -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
By Colpy
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 u der
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 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
he 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 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 o: the
status of the lien of the mortgage covered
by this policy or the title of the estate or
interest insured herein must he 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. 901526
r -,P1"7' or nlr,�T OF +Ih:Y
Sheet 1 of
''NO TAX DU:96
KP!Ot-1 ALL
MEN RY TKSE
PPF.SEMT'� •
John H. Kruger and - _ AI.hzr±.
Kruger,
husband and
wife as joint
tenants
the undersigned, ereina ter esicn,ite rrantor, owner of the
hereinafter described lanes, for a valuahle consideration thn
receipt of which monetary and other consideration is hernbv
acknowledged, does hereby grant and convey to
Encinitas Sanitary District
erein des *mated Grantee, a perpetual easement and rich` t Pf
,vay upon, through, under, over and across the her`=inaftor des-
cribed real property for the installation, construction,
operation, maintenance, renair, renlacPment, an,+ reconstruction
of sewer pine lines and /or mains, manholes, sewer lateral nine
lines, and all structures incidental thereto, together with the
perpetual rinht to rer-lovP huildinas, structures, trees, Iushes
undergrowth, and anv other obstructions interferinn
with the use c,-+ - easement and rinht of wav '-v grantee, its-
successors or assinns.
To have and to hold said easement and rirlht of wav untn itself
and unto its successors an0l assinns forever.
The real property referred to "ereinahove and made subject to
said easement and right of way by this grant is situated in the
County of San Diego, State of California, and is particularly
described as follows:
UNINCORPORATED AREA
Easement described as follows:
All that portion of Lot 6 in Block "X" of Seaside Garden .Annex,
in the County of San Diego, State of California, 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 point on the North line of said Lot 6, distant
thereon South 89 °30'30" East 280.00 feet from the North West corner
thereof, said point of beginning being also the Northeast corner of
land described in deed to Charles E. Read, Et Ux, recorded May 5,
1948 in Book 2784, Page 325 of Official Records; Thence South 1 049'30"
West 143.00 feet along the Easterly line to the Southeast corner of
said Read property to the True Point of Beginning; Thence continuing
along the prolongation of said Easterly line to the intersection
with the Southerly line of said Lot 6; Thence North 89 030'30" West
288.92 feet, more or less, along the Southerly line of said Lot
6 to the Southwest corner thereof, which is a point in the Easterly
line of Ocean View Avenue and in the arc of a 580.00 foot radius
curve, concave Westerly; Thence Northerly along the arc of said curve
and said Easterly line of Ocean View Avenue to its point of inter-
section with a Southwesterly line of said Read Land; Thence along
said Read Land; South 30 °53' East 15.79 feet; Thence South 89 °30'30"
East parallel with said Northerly line of Lot 6 a distance of 2.69.46
feet to the True Point of Beginning.
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
�;�174R/ D /5; 7R1e
FILE /PAGE N0. __ _ r EST ^.'
RECORDED REQU OF
TITLE INSURANCE & TRUST CO.
MAR 9 9 :00AM70
OOK 1970
OFFICIAL RECORDS
SAN DIEGO COUNTY CALIF.
A S. GRAY, COUNTY RECORDER
NO FSE
Sheet ? of
The Grantor hereby covenants and agrees for himself, his hairs,
executors, administrators, successors and assigns, that there
shall not be constructed or maintained unon the above described
real nronerty or within said easement and right of way ary
huildinq or structure of anv nature or kind that I-rill interfere
with the use of said easement and right of wav by grantee, its
successors or assigns, or that will interfere <<!ith the inoress
or egress along said Pasirent by said grantee, its successors
or assigns.
The Grantee hereby covenants anal ar!ress -`or itself., its succes-
sors and assiar.s, not to fence the above doscribed real nron-
erty or to prevent the grantor, his successors or assigns, from
crossing over said real nronerty and agrees that the rrantnr,
his heirs, successors and assi „,ns ma,,, eniev the coi.tinupd use
of the surface of said real nronerty herein described, suhiect
to the conditions ahove stated- and the nrant.ee hE-r•et�v cove-
nants and agrees that after the installation of any nine line
hy it in any excavation rude by it in the above described ease-
ment and right of Way it will backfill anv such excavation made
by it so as to fill said excavation as nearly as nracticahle to
the level of the stlrroundirg around, and will replace anv oilad,
asnhal t or concre c-, surface with like material and will replace
any fence remove 6 by -i t .
(As used above the term "grantor' shall in.cludP thm
plural as iNell as the sinqular number
"himself” and "his" shall include the
neuter aender as th case may be.)
of In 6-1
-z JL yr — JSFAL)
Executed this
Signet(. sealed and delivered
'%44
he nresence of r/
U
s subscribing witness
STATE OF CALIFORNIA-
's .s.
Countv of San Dieqo°
nn AILL"V I� 5 1n76
hefo e me, a undersigned a
''otary Pub, c in and for said
Countv and State n rso
appeared
and the words
feminine and
known to me to EM the person
whose name tD
subscribed to thewithin
instrument and ackrowl?dged
that t-0- � 1 �1/0
executed the samejoz
4,,ZTP SS mif hand and official
s m a l. . I r / /s
(Seal ) I ' Y;'LU Z
otary Pu . i c in and
or said Countv and State
P �
Aftar °Peordation, " "ail to•
G� c"
OFFICIAL SEAL
JOHN W. KIMB�,LL
ot"m-.5.
NOTA6'Y PUBLIC • CALIFORNIA
PiWICIPAI_ OFFICE IN
SAPJ DICGO C:>UNiY
My Commission
Expires Oct. 25, 1973
P �
Aftar °Peordation, " "ail to•
G� c"
RESOLUTION NO. F -17
RESOLUTION AUTHORIZINP ACCEPTANCE OF
GRANTS QF RIGHT -OF -WAY FROM
JOHN fi. KRUGER AND M. ALB ,R'TA KRUGER, DANIEL N. SALERNO AND
VIRGINIA P. SALERNO, AND EDUARDO J. SKMANIECO AND
'ERIQUETA R. SAMANIEGO
WHEREAS, it is necessary that the ENCINITAS SANITARY
DISTRICT acquire a perpetual easement and right- of -wa,y upon,
through, under, over, and across certain real propert:v in the
County of San Diego, Sta -te. of California, for the installation,
construction, operation, maintenance, and rPnair, replacement,
and reconstruction of sever nine lines and /or mains, manholes,
sewer lateral pipelines, and all structures incidental ttlereto;
and
WHEREAS, for valuable cons id.erati-on, John N. Kruger
and M. Alberta Kruger have executed a grant of right -of -way dated
December 9, 1969, conveying to the ENCINITAS* SANITARY DISTRICT a.
perpetual easement and right -of -Wray, as hereinbelow described;
and
WHEREAS, for valuable consideration, Daniel I'3. Salerno
and Virginia P. Salerno have executed a grant of rir*ht- of-ufay
dated. December 163 1969, conveying to the ENCINITAS SANITARY
DISTRICT a perpetual easement and right -of -way, as hereinbelow
r described; and
WHEREAS, for valuable consideration,.Eduardo J.
Samaniego and Eriqueta R. Samaniego have executed a grant of
right -of -way dated December 11,,1969, conveying to the ENCI "dITAS
SANITARY DISTRICT a perpetual easement and right -of -way, as
hereinbelow described; and
' WHEREAS, the ENCINITAS SANITARY DISTRICT is desirous of
accepting; said perpetual easements and rights -of -way;
11
.,
0
'I() '." *4
NOW, THEREFORE, BE IT RESOLVED that the Governing
Board of the ENCINITAS,SANIT.ARY 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
December 9, 1969; from John H. Kruger and M. Alberta Kruger to
ENCINITAS SANITARY DISTRICT, a political corporation. Said
property is described as follows:
Easement described as follows:
All that portion of Lot 6 in Block "X" of Seaside Garden Annex,
in the County of San Diego, State of California, according to map
thereof No. 1801, filed in the office of County Recorder of San
Diego County, August 6, 19214, described as follows:
Beginning at a point on the North line of said Lot 6, distant
thereon South 89 °30'30" Fast 280.00 feet from the North West
corner thereof., said. point of beginning beine, also the Ilortheast
corner of land described in deed to Charles E.-Read, It Ux,
recorded May 5, 19148 in Book 27814, Page 325 of official Records;
Thence South 1 1149'30" Wes "1143.100 feet alone; the Fasterly line
to the Southeast corner of said Read propert•\ to the True Point cif
Beginning; Thence continuing along: the prolongation o sasaid Este' rly'wLline to the intersection with the Southerly line of
said Lot 6; Thence North 89 °30'30" West 288.92 feet, more or less,
' along; the Southerly line of said Lot 6_to the Southwest corner
thereof, which is a point in the Easterly "Line of Ocean View
Avenue and in the arc of a 580.00 foot radius curve, concave
Westerly; Thence Northerly along the arc of.said curve and said
Easterly line of Ocean View Avenue to its point of intersection
with a Southwesterly line of said Read I.,and.; Thence along; said
Read Land; South 30 053 � East 15-.79 feet; Thence 'South 89030'30"
East parallel with said Ilortherly line of Lot 6,a distance of
269.146 feet to the True Point of Beginning,
BE IT FURTHER RESOLVED that the Governing Board of the
F ENCINITAS SANITARY DISTRICT of the County of San Diego, Stat• of
California, does hereby accept the full interest in real property
conveyed by the grant.of right -of -way dated December 16, 1969,
from Daniel N. Salerno and 'Virg -inia P. Salerno to E14C IIIITAS
SANITARY DISTRICT, a political corporation.' Said property
r
interest is described as follows:
That portion of Lot 1 in Block W of Seaside Gardens Annex, in
the County of San Diego, State of California, according; to the
map thereof No. 1801, filed in the office of County Recorder of.
San Diego County, August 6, 19214, described as, follows:
Beginning at a point on tY�e Northerly line of sAid Lot 1,
distant thereon South 89 030'30" 7.ast, 262.39 feet from the
I
2.
0
e
Northwesterly corner thereof, said point being t;he Northeasterly
corner of land conveyed to Graham M. Kraus, Et Ux, by deed
recorded December 30, 1964, Series 5, Book 1964 as file No.
235674 of Official Records; Thence continuing along the Northerly
line of said lot, South 89030'30" East, 98.69 feet to the
Northwesterly corner of land conveyed to Hannah Louise Stark by
deed recorded Parch 26, 1964, series 5, Book 1964 as file
No. 94558 of Official Records; Thence Southerly along the Westerly
line of said land, 137.00 feet to the Southwesterly corner
thereof; Thence Easterly along the Southerly line of said land,
73.70 feet to the Easterly line of land conveyed to "larh Morrison
Malone, by deed recorded January 29, 1963, series 4, Book 1963,
as file No. 16931 of Officil Records; Thence South 0023'39"
West, along the Easterly line of said land, 211.69 feet to the
South line of said Lot 1; ;Thence North 89°30' 30" West, along;
said South line, 344.78 feet to the Southerly prolongation of the
Westerly line of.the aforementioned land conveyed to Graham N'.
r Kraus; Thence North 0 029'30" East, along said prolongation
211669 feet to the Southwesterly corner of said Kraus land; Thence
along the boundary of said land, South 89039130" East, 172.39
feet and North 0029130" East, 137.00 feet to the point of beginning;.
Easements described as> follows:
Parcel 1.
The most Easterly 10 feet of that portion of Lot 1 in Block "W1"
of Seaside Gardens Annex inthe County of San Diego, State of
California, according; to the map thereof No. 1801, filed in the
office of County Recorder of San Diego County, August 6, 1924,
of the above described portion of said Lot 1.
Parcel 2.
A strip of land lying; 5' feet on each side of the, following
described centerline. h
Beginning at a point in the Southerly line of Lot 1 in Block
"WI" of .Seaside Gardens Annex in the County of San Diego, State
of California, aocording to.the map thereof No. 1801, filed in
the office of County Recorder of San Diego County, August 6,
1924, distant thereon, North 89030'30" West 172.39 feet from the
most Southeasterly corner of the above described Dortion of
Lot 1; Thence North 0029'30" East, 211.69 feet, more or less,
to point A. Point A being the Southeast corner of the land
conveyed to Graham M. Kraus, Et Ux, by deed recorded December 30,
1964, Series 5, Book 64, as' -file No. 235674 of Official Records.
Parcel 3.
A strip of land lying 4 feet on each side of the following
described centerline:
Beginning; at point A as described in the description of Parcel 2,
thence South 0 °29'30" East 4.00 feet; thence North 89039'30"
West 5 feet to the True Point of Beginnin,. Thence continuing
North 89 °39130" WesF706.13 feet, 4.00 dista nt from and parallel
to the South line of the land conveyed to Graham,M. Kraus Et
Ux, by deed recorded December 30, 1964, Series 5, Book 64, as
file No. 235674 of Official Records.
BE IT FURTHER RESOLVED that the Governing Board of
the ENCINITAS SANITARY DISTRICT of the County of San Diego, State
3.
�ry
of California, does hereby accept the full interest in real
property conveyed by the grant of right -of -way dated December 11,
1969, from Eduardo J. Samaniego and Eriqueta R. Samaniego to
ENCINITAS SANITARY DISTRICT, a political corporation Said
property interest is described as follows:
That portion of Lot 5, in Block "X" of Seaside Gardens Annex, in
the County of San Diego, State of California, according to Ivan
No. 1801, filed in the Office of County Recorder of .San Diego
County, August 6,, 1924., described as follows:
Beginning at 112 inch pin on the center line of Ocean View
Avenue, 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 °3112.0" East 20 feet to a 4 inch by
4 inch monument on the.East boundary line of said Ocean View
Avenue; Thence North 46281•40" West 194.01 feet; 'Thence South
89 030'30" East 383 feet to the Northeasterly corner of the land
described under Parcel 1 of the Deed to Mae.R. Perry, recorded
March 27, 1953, under Recorder's File No. 41871 in Book 4798,
Page 508 of Official Records, said point being; the true point of
beginning; thence continuing South 89 °30'30" East 179.91 feet
to an intersection with the Easterly boundary of Block "X",
Seaside Gardens Annex, Map No. 1801; Thence South 0 154' East
along said Easterly boundary 98.78 feet; Thence North 89030130"
'West to the Southwest corner of the land described in the deed
to Henry P. Fallen and wife, recorded in Book 4682, Page 555 of
Official Records; Thence Uprth 4028140" West along the Westerly
line of said Fallen's land 12 feet, more or less, to the South-
westerly corner of said Perry land above referred to; Thence
along the Southerly and Easterly line of said Perry's land
South 89030' East to the Southeasterly corner thereof, and
Northerly in a straight line to the true point of beginning;.
Easement described 'as follows:
Beginning at the most Southwest corner of the above described
property, said point also being the Southwest corner of the land
described in the deed to Henry P. Fallen and wife, recorded in
Book 4682, Page 555 of Off"ieial-Records, said point being the
True.Point of Be innin,; Thence North 4 02.8140" West alone the
Westerly 11ne of said-- allen's land, 12 feet, more or less, to
..the Southwesterly corner of the land described under parcel 1 of
the deed to Mae R. Perry, recorded March 27,1953, under recorder's
file No. 41871 in Hook 478, Page 50$ of Official Records; Thence
along the .Southerly and Easterly line of said Perry's land, South
89 °30' East to the Southeasterly corner thereof; Thence South
0 °54t East to the intersection with the South line of the above
described property; Thence North 89030'30" West 145.00 feet,
more or less, along said South line to the True Point of Beginning.
BE IT FURTHER RFSOLVED 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.
4.
BE IT FURTHER RESOLVED that this resolution shall be
numbered F -17.
PASSED AND ADOPTED by the Governing Board of the
ENCINITAS SANITARY DISTRICT on the 15th day of January, 1970, by
the following vote:
AYES: Filanc, Price, Ericks, Lienhard, Stowell
NOES: None
ABSENT None
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
it Pi'. 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. F -17 as the same appears upon
the minutes of the regular meeting; of the Governing Hoard of
Encinitas Sanitary District dated January 15, 1970, now on file
in my office.
Dated this 15th'day of January, 1970.
M. F. L ND
5.
j