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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 , ... - s Q- 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