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1970-41352JACK 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 TI1.. -. 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 ,r 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, i F- 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 i Stipulations hereof, which the Insured shall sustain by reason of: I 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 1� I; in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or �, 2. Unmarketability of such title; or ;r { 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the �I 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 u on the estate or interest referred to in this policy; or g P P Y; 4 !,j 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A, B and C and to the Conditions and Stipulations •Af 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 �3 c :3 r r '1-4 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1963 SCHEDULE A POLICY NOm 8 901531 PLANT ACCOUNTS ARB NO* 60 AMOUNT S $19000400 PREMIUM S $40m00 EFFECTIVE DATES MARCH 99 1970 AT 9800 As Me INSURED ENCINITAS SANITARY DISTRICT 1m 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 99 1970s RECORDEROS FILE Noe 41352 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING* PART ONE ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 5 INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B PART ONE* PART TWO 901531 PAGE 1 la GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEARS 1970 ®71 A LIENS NOT YET PAYABLE 2® GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEARS 196970 SECOND INSTALLMENT S NOW DUE AND PAYABLE 3o IRRIGATION DISTRICT TAXES OR ASSESSMENTS* NO EXAMINATION HAVING BEEN MADE OF THE RECORDS OF SAID DISTRICTm DISTRICTS SAN DIEGUITO 4o AN EASEMENT FOR POLES9 WIRES AND ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES9 AS GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY BY DEED RECORDED S IN BOOK 12030 PAGE 204 OF DEEDS AFFECTS S 2 FEET IN WIDTHo AS FOLLOWS, OVER AND ACROSS THE WEST HALF OF SAID LOT 1, 5m ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTYo AS DISCLOSED BY A NOTICE OF AWARD OF CONTRACT FOR S SEWER DATED S NOVEMBER 25o 1969 RECORDED S DECEMBER 20 1969 RECORDERPS FILE NOos 219509 901531 PAGE 2 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIAP COUNTY OF SAN DIEGOA AND IS DESCRIBED AS FOLLOWS8 PARCEL 18 THE MOST EASTERLY 10 FEET OF THAT PORTION OF LOT 1 IN BLOCK "W10 OF SEASIDE GARDENS ANNEX) IN THE COUNTY OF SAN DIEGOt STATE OF CALIFORNIA) ACCORDING TO THE MAP THEREOF Noe 18019 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY) AUGUST 69 19249 OF THE ABOVE DESCRIBED PORTION OF SAID LOT It PARCEL 28 A STRIP OF LAND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOT 1 IN BLOCK BOW" OF SEASIDE GARDENS ANNEX) IN THE COUNTY OF SAN DIEG09 STATE OF CALIFORNIA) ACCORDING TO THE MAP THEREOF NOe 18011 'FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYo AUGUST 6o 19249 DISTANT THEREON9 NORTH 89® 300 3011 WEST 172*39 FEET FROM THE MOST SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED PORTION OF LOT 1s THENCE NORTH 0® 290 30°1 EAST9 211®69 FEET) MORE OR LESS# TO POINT At POINT A BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO GRAHAM M© KRAUS9 ET UX9 BY DEED RECORDED DECEMBER 30P 19649 SERIES 59 BOOK 649 AS FILE NOe 235674 OF OFFICIAL RECORDS* PARCEL 38 A STRIP OF LAND LYING 4 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES BEGINNING AT POINT A AS DESCRIBED IN THE DESCRIPTION OF PARCEL 29 THENCE SOUTH 0® 290 3010 EAST 4 ®00 FEETi THENCE NORTH 890 390 3011 WEST 5 FEET TO THE TRUE POINT OF BEGINNINGA THENCE CONTINUING NORTH 890 391 3011 WEST 106®13 FEET) 4e00 DISTANT FROM AND PARALLEL TO THE SOUTH LINE OF THE LAND CONVEYED TO GRAHAM Mo KRAUSP ET UX9 BY DEED RECORDED DECEMBER 309 1964P SERIES 59 BOOK 649 AS FILE NO® 235674 OF OFFICIAL RECORDS® 901531 PAGE 1 _' 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 By Colpy SECRETARY TO 238 VC J� ti' �Y rQ: Q L_ J0- SEA4S 1DE GARDE/Y.5 41YIYEX /Y/AP /Yo /80/ SCAL t % " /00 eylo / nn p i ,,3�y �C✓ � `Lp� J` n I1p 9 � - 14 -- � 9 °10 L3J' E 71, A nI �I N ST. 39' _V, TIThis is not a survey of the land but is compiled for information by the 1 Title Insurance and Trust Company from data shown by the official records. 1 V _, 4 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 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 (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. 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 it 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 I 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 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. P.R. No. 901531 Sheet 1 of 3' Revision No. 1 r,Pg. rT rF Rlr?JT OF MAY T' KV014 ALL I?EM RY THESE PPESE^MTS. Daniel N. Salerno and Virginia P. Salerno, husband and wife as joint tenants the undersigned, hereinafter eesionn te grantor, ~ol! - ►ner, of t P hereinafter described lanes, for a valuable consideration tho receipt of which monetary and other consideration is herphv acknowledged, does hereby grant and convey to Encinitas Sanitary District herein desiqnated Grantee, a perpetual easemert and right of tray upon, through, under, over and across the hereinafter des- cribed real property for the installation, construction, operation, maintenance, renair, renlacpmprt, an4+ reconstruction of sewer pine lines and /or mains, manholes, sexier lateral pine lines, and all structures incidental thereto, tooether with thou perpetual right to remove huildinas, structures, trees, hushes underarovith, -"Inl•rers and any other obstructions interferinn A fln the use o-� s:,id easement and right of way 1,v rrantpe, its ,. successors or, assigns. To have and to hold said easement and right of wav unto itself and unto its successors an(41 assinns forevpr. The real nropert,y referred to hereinahove and made subject to said easement and right of way by this nrant is situated in the County of San Diego, State of California, and is narticularly "_�N:` c''nR� -71 ) T described as fol l o+,s 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, 1924, described as follows: Beginning at a point on the Northerly line of said Lot 1, distant thereon South 89 030'30" East, 262.39 feet from the-Northwesterly corner thereof, said point being the 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 89'30'30" East, 98.69 feet to the Northwesterly corner of land conveyed to Hannah Louise Stark by deed recorded March 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 Marh Morrison Malone, by deed recorded January 29, 1963, series 4, Book 1963, as file No. 16931 of Official Records; Thence South 0 °29'39" 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 M. Kraus; Thence North 0 °29'30" East, along said prolongation 211.69 feet to the Southwesterly corner of said Kraus land; Thence along the boundary of said land, South 89 °39'30" East, 172.3? feet and North 0 °29'30" 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 "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 Countv Recorder of San Diego County, August 6, 192.4, 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 D.R. No. 901531 Sheet 2 of 3 i Revision Mo. 1 centerline. Beginning at a point in the Southerly line of Lot 1 in Block "W" of Seaside Gardens Annex in the County of San Diego, State of California, according to the man thereof "Io. 1801, filed in the office of County Recorder of San Diego County, Auqust 6, 1924, distant thereon, North 89 °30'30" blest 172.39 feet from the most Southeasterly corner of the above described portion of Lot l- Thence North 11029'30" East, 2.11.69 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 0029'30" East 4.00 feet: thence North R9 °39'30" blest 5 feet to the True Point of Beginning. Thence continuing North 89° 39'30" blest 106.13 feet, 4.00 distant 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. Sheet : ,of :3 Revision No. 1 The grantor hereby covenants and agrees for himself, his heirs, executors, administrators, successors and assigns, that there shall not be constructed or maintained upon the above described real nrooerty or within said easement and right of way ary building or structure of anv nature or kind that --ill interfere with the use of said easement and right of €rlav by r- rantPe, its successors or assigns, or that will int.erfore with the innress or egress along said eas,rent by said Grantee, its successors or assigns. The grantee herpbv covenants and agi•e�s i f_self ; its succes- sors and assior.s, not to fence the ahwp— rloscrit.ed real nrog- erty or to prevent the grantor. his successors or assiq „s, from crossing over said real nrooerty and agrees that Vie rrantnr, this heirs, succe- ssc,rs and assigns ma- en.lov the coi;tinupd use of the surface of said real nrooerty ti-;orein dF:scrlhed, suhiect to the conditions above stated: and she rrant� -e t ^phv cova - pants and agrees that after the instni latinn of ?nor nine line by it in any excavation Trade by it in the above descri l- -e4 eacA- ment and right of way it will backfill anv such excavation made by it so as to fill said excavation as nearly as nra.cticahle tn the level of the -urroundi rq around, and will reel ace anv of l Pd , asnhalt or concre�p surface like material and will replace any fence remove.U' i.y -; t . (As used abovo, the term "grantor” shall ir?cludp the plural as well as the sirqular number and the words "himself" any+ "his" shall include t "e feminine and neuter vender as the case may hP.) Executed this Hay of 99 EAWL , 1� 1 n a, i PL Signed sealed ?nd delivered in the nresence of :•; t) __ As subscribinq witness STATE gr rALIFORMIA- 's.s. Countv t.f San gieno° nn 9 before me;, the undersianed a - 'otary Public in and for sai �nunty and state, n.e,rs,orl 11 apnenred , mot , -? �- knolin to me�/to be the person whnsp name 1 subscribed to the within instrument- aaod acknowledged that" -c�F; executed the sa e. TTI'rSS my and and official steal. ,, Elotary Public in and for said Countv and State .m.........- ..,.....m.. mmm rW ,= 'a y] 1•�s° IV0T,4:'iY P�-�ELIC A!...I'rORNIA ?4 PRINCIPAL OFFICE IN e SAN .. DIEGO �...,.� . .. ......j �P . � ............ ���� ....��,..��,COUNTY� 91-IARON R. ISRAEL My Commission Expires Dec. 19, 1969 Aftpr ^ncordation, "ail tn- To Sal ^ -/T9RY 17/5477 Y,40 SofA C/i'RLSljl#A C-4i 9aao NO CHARGE ON THIS DOCDMENT FOR THE BENEFIT OF 1D 40 qT M I CO ti N M N 0 Z O� W CC J_ d' LL cr O K v C K J gj W q z` N I r 1-- 1 N W � D H V � P" 0. LY Q F- F- Q d N H Z to • W d 77 F-- W N Z O N U CC to Z d Q W O r A !� 11 t(7 ..�� J 0 ,r4* 5 LT M N O coo W— dJ L r 1-- 1 N W � D H V � P" 0. LY Q F- F- Q d N H Z to • W d 77 F-- W N Z O N U CC to Z d Q W r r co ON LT O OJ C Z dJ L C O d v cr- Q .. OW A r .c U ,ao = v 14 c _ Q T W •� A V of 0. Y VIP-- W JJS WuaL Cr R+CA in LL v W Z J I O N X d C C w A N L M ., • K L� r ,u r f- • kA r Q' to o to o E Q U 0% O W r V O a w d �" �` w V Q p E t7 V) o GJ > O T 3 N = > w O CO CO O0 Z 4-1 L n. O A d � � V r-. O LX r 1-- 1 N W � D H V � P" 0. LY Q F- F- Q d N H Z to • W d 77 F-- W N Z O N U CC to Z d Q W RESOLUTION 1I0. F -17 RESOLUTION AUTHORIZINry ACCEPTA "ICE OF GRANTS OF RIGHT -OF -WAY FROM JOHN 11. YRUG77R AND 1 ALBERTA KRUGFR, DANTEL I,T. SALE' :NTO AND VIRGINIA -P. SALERNO, AND FIDUARDO J. SAI•^ANIEGO AND ERIPUETA R. SAMANIEGn WHEREAS, it is necessary that the ENCINITAS SANITARY DISTRICT acquire a nerpetual easement and through, under, over, and across certain County of San Diego, Str).te of California, construction, operation, maintenance, and right -of-,.,ray upon, real property in the for thQ installation, r(-lna.ir, renlacement, and reconstruction of serer nine lines and /or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto; and - -` WHEREAS, for valuable consideration, John Is. Kruner and ri. Alberta Kruger have executed a rrant of right- of- 1/-rrT elated December 9, 1969, conveying to the ENCIPIITAS MIIA'A_R.Y DIST'� ICs-' a perpetual easement and right -of- ,•ray, as hereinbelow descrlbc6; and WHEREAS, for valuable consideration, Daniel t% Salerno and `Tirginia P. Salerno have executed a grant of right- of -T•raY dated December 16, 19FQ, convevin? to the FNCINT- -'AS SA}FI' APP DISTRICT a perpetual easement and ri - ht- of- '':ra,j, as rerei nbelow described; and WHEREAS) for valuable consideration, Eduardo ?. Sa,manieCo and Friqueta P. Samantero have executed a grant of right -of -:•ray dated December 11, 1IQ.,, convevina; to the E`s'CI: ?ITAS SANITARY DISTRICT a perpetual eases lent and right -of- :-ray, as hereinbelow described; and WHEREAS* the Ei'iCIi.,ITAS SA IITARY DIS''RICT is t�sirous of acceptin ; said perpetual ewsernents and rirhts- of -,iay; NOWT, REFORE, BE IT RESOLVED th the Governing, ' 1 S Board of the EPtCI,dITA�. SA,dITA.,R Y DISTRICT of the County of San r Diego, State of California, does hereby accent the full interest in real property conveyed by the grant of rimht -of -way dated December 9, 1969, from John H. Kruger and ! ". Alberta Kruger to ENCINITAS SANITARY DISTRICT, a political cor;�oration. Said pronerty is described as follows: Easement described as follows All that portion of Lot 6 in Bloc: "K" of Seaside Garden Annex, in the Countv of San Diego, State of California, according to man - thereof No. 1801, filed in the office of County Recorder of San Die,To County, August 6, 1924, described as follows: Depinnin?: at a notr�t on the .crth line of said Lot 6, distant thereon South 89 030'30" Fast 280.00 feet frog: the ?,forth West corner thereof, s;-id no'_nt of be,innin- bein7 also the Northeast corner of land described in deed to Charles .7. n °ad, Et Ux, recorded !"ay 5, 19118 in Book 2784, Page ;25 of Official Records; Thence `_'ouch 1040'307" ?lest 143 . on feet along the E=asterly line to the Southeast corner of said Fead nronert\ to t)-;e '"rue Point of re7innin7; '?'hence continuin^- alone; the nrolon,-ation of s i� ast�y line to the intersection !itl: the "outherl y line of said Lot 6; Thence �4orth 3901x'30" 1.Test 283.?2 feet, *yore or less, aleriC tine Sout :lerly line of said Lot 6 to the Soutlil est corner thereof, Which is a not nt in the Fasterly line of !-dean Vie= :[ Avenue and in the arc of a 580.00 foot radius curve, concave Westerl -r; '^hence "ortherly alonm the arc of said curve and. said Easterl- line of Occan Vie�Y Avenue to its point of intersection ,•rith a Sout'n,7esterly lire of said °ead band; Thence aloe:* said Read Land; South 30 053' East 15.79 feet; Thence South 80,030'30" East parallel arith said :'ortrerl-;r !in,- of Lot 6 distance of 269.46 feet to t ,e mrue 'Point of °e- inning r, BE IT FUR'T'HER RESOLTI_'D that the Governin - board of the L. EriCI;1ITAS SA'TI'ARY DL5IRIC' of the County of Sari Diego, Stat( of California, does hereby. accent the full int -rest in real.pronerty conveyed by the v ant of riT-.t -cf -way dated T_"ecereher 16, 1969, from Daniel N. Salerno and Virginia P. Salerno to r,I1CI1,1I1'AS Sri- PIITARY DISTRICT, a political cor, ,)oration. Said prop,::rty interest is described as follows: That portion of Lot 1 in Block W of Seaside Garden.; Annex, in the County of San Die�7o, State of California, according to the man thereof Jo. 1301, filed in the office of Ccunt;; ^eeorder of San Diego County, ^,ugust `, 1924, described as follc••rs: Be- inning at a *point on the Northerly line of said Lo`,; 1, distant thereon South 8"1030'35" Test, 262.39 feet from the 2. Northwesterly c zer thereof, :Aid point b( ig the Northeasterly corner of land conveyed to Graham t'. Kraus, Et Ux, by deed recorded Decerber 30, 1964, Series 5, Book 1964 as file No. 4 235674 of Official Records; Thence continuing along: the Northerly line of said lot, South-89'30130" East, 98.69 feet to the Northwesterly corner of land conveyed to Hannah Louise Stark by deed recorded !;?arch 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 Yarh Morrison Malone, by deed recorded January 29, 1963, series 4, Book 1963, as file No. 16931 of Official Records; '"hence South 002913911 West, along the Easterly line of said land, 211.69 feet to the South line of said Lot 1; Thence 'Iorth 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 Y. Kraus; Thence North 0 129'30" Last, along; said prolongation 211.69 feet to the Southwesterly corner of said Kraus land; Thence along; the boundary of said land, South 89 °39'30" East, 172.39 feet and 'North 0 129'30" 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 Blocl- "W" of Seaside Gardens Annex inthe County of San Diego, State of California, according to the Tao thereof 'To. 1801, filed in the office of County Recorder of San Counter, 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 followin described centerline. BeP:inninr at a point in the Southerly line of Lot 1 in Block "W" of Seaside Gardens Annex in the County of San Diego, State of California, according tothe map thereof ''o. 1801, filed in the office of County Recorder of San DieFo County, August 6, 1924, distant thereon, :-North 89 °30'30" West 172.39 feet from the most Southeasterly corner of the above described portion of Lot 1; Thence .forth )°29'30" East, 211.69 feet, more or less, to point A. Point A being, the Southeast corner of the land conveyed to Graham ° ". Kraus, Et I.Ix, by deed r ^corded. 'December 30, 19611, Series 5, Book 64, as file '?o. 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 0 029'30" Fast 4.00 feet; thence North 89 039'30" West 5 feet to the l'ru-e Point of Be^;innin7. Thence continuinz North 89 °39130" West 1.0 .13 feet, .00 distant from and narallel to the South line of the land conveyed to Graham ,. Kraus Et Ux, by deed recorded Dece, der 30, 19611, Series 5, book_ 611, as file N�Io. 2.35674 of Official Records. I;E ST FLIRT iJi" R?;SOLV ,D. t h t the Crov erninT Board of the LNC7'171Tz.S SANITARY DIS`I'i?ICT of the CouE?t.y of San Die,.ro, State 3. of. California, does hereby accept the full interest in real property conveye, by the grant of right- of -+dy dated December 11, 1969, from Eduardo J. SamanieFo and :�riqueta R. Samaniego to' Ei•iCIPTITAS SANITARY DISTRICT, a political corporation Said property interest is described as follows: G That portion of Lot 5, in Block "X" of Seaside Gardens Annex, in the County of can Diego, State of California, according to 'rap Yo. 1801, filed in the Office of County Recorder of San Diego County, Au,r-ust o, 1924, described as follows: Beginning at 112 inch pin on the center line of Ocean Vied Avenue, ,Tap No. 1801, at the rortn end of a curare described as having a central an!-1e or 33 °33'40" and a center line radius of 560 feet; Thence North 85'31120" rest 20 feet to a 11 inch by 4 inch monument on the East boundary line of said Ocean View Avenue; Thenve 1.orth 4 °28140" :Test 194.01 feet; Thence ^outh 89 030'30" East 383 feet to the 'Northeasterly corner of the land described under Parcel 1 of the Deed to "'ae l?. Perry, recorded Parch 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 E2:;terl,y boundary of Block Seaside Gardens Annex, ap No. 1301; Whence mouth 0 °54' east along; said Easterly boundar�r 98.73 feet; Thence TTorth 31030'30" West to the Sout h:-rest corner of the lend descri -bed in the deed to Henry P. Hallen and wife, recorded in Boo'.t 4082, Page 555 of Official Records; Thence North 4 12.3140!1 '4est aloe¢ the Westerly* line of said Hallen'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 perm's land South 89 030' Vast to the Southeasterly corner ti,ereof, and, Northerly in a straimht line to the true point of berinnin.y. Easement described as follows: Beginning, at the most Southwest corner of the above described Dronert•y, said point al ^o hein^ the South =,-rest corner of the land described in the deed to renry P. i:allen and wife, recorded in Boole 11682, Page 55' of Official Pecorc's., said noint beinn the True Point o" Be;*inninc7; Whence '.dorth 41 2 5' 4')11 West along the ester %-ine of said :alien's land, 12 feet, More or less, to the Southwesterly corner of the land described under parcel 1 of the deed to r'ae 7. Perry, recorded ?'arc's 2.7, 1953, under recorders file No. 41871 in ;Took 4793., page 503 of Official Records; Thence along the Southerly and Fasterly 11.ne of said Perry's land, South 89 030' East to the Southeasterly corner thereof; Thence South 0 °54' East to the intersection %,1.t1-i the South line of the above described property, *; Thence North 39 030'30" West 145.00 feet, more or less, along :paid South line to the True Point of Ba�7inninr.. BE IT FURTHER' RESOLVED that the Governing; Poard does request and direct the County Recorder of the Count,,! of San Diego, Stat t,- of California,. to cause each of said deeds to >^e recorded upon the request of the Secretary of sp.1d. ENCI:IITAS SANITARY DISTRICT. 4. BE IT 17URTHER RESOLVED that.this resolution shall be t numbered F -17. ' �f PASSED AND ADOPTED by the Governing Board of the _ ENCINITAS SA11 1A'3Y DISTRICT on the 15th day of January, 1970, by the followini vote: AYES: Filanc, Price, Ericks, Lienhard, Stowell NOES None ABSENT None STATE OF CALIFORNIA) ss. COUNTY OF SAN DIEGO) is Me H. LUITD, Secretary of Encinitas San do hereby certify that the above and forepoino- is a and correct copy of Resolution No. F -17 as the same the minutes of the regular meetinc; of the noverning Encinitas Sanitary District dated January 15, 1970, in my office. Dated this 15th day of January, 1970. LU10 5. Ltary District, full, true apnear,s upon Board of no,.,., on file