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1970-41353
JACK Y. KUBOTA CONSULTING ENGINEE11 P,O. BOX 1095 TELEPHONE; CARLSBAD, CALIF. 92008 June 2 3, 1970 729.1194 (A.C. 714) Mr. Mark Schneider, General Manager Encinitas Sanitary District P.O. Box 99 Encinitas, Calif. 92024 Subject: Assessment District F -100 Rights of way. Dear Mr. Schneider: There is transmitted herewith the following 'right of way files, consisting of the Grant of Right of Way as recorded and the policy of Title Insurance, for the subject oroject: Patricia S. Blumka Nina T. Button Nina Button E. Merrill Carr H.M. Felkey & Barbara M. Felkey Robert R. Hall & Elisse Hall ) Fred B. Weston & Lita E. Weston ) Philip A. Kindler & Diana I. Kindler John H. Kruger & M. Alberta Kruger Daniel N. Salerno & Virginia P. Salerno Eduardo J. Samaniego & Eriaueta R. Samaniego P.R. No. 901641 P.R. No. 902318 P.R. No. 902318 P.R. No. 909014 P.R. No. 902316 P.R. No. 901530 P.R. No. 902317 P.R. No. 901526 P.R. No. 901531 P.R. No. 901527 We suggest that you maintain this file intact for your future reference. Very truly yours Jack Y. Kubota, Project Engineer Encinitas Sanitary District JYK /le r ._�. Hy �. TO 1012 FTC —DP (7 -68) California Land Title Association Standard Coverage Policy Form Copyright 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: I. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; 4, all subject, however, to the provisions of Schedules A, B and C and to the Conditions and Stipulations CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 0 1963 SCHEDULE A POLICY NOo a 901527 PLANT ACCOUNT' ARB NOo 2 AMOUNT 8 $19000000 PREMIUM 8 $4000 EFFECTIVE DATES MARCH 99 1970 AT 9800 Ao Me INSURED ENCINITAS SANITARY DISTRICT 10 TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED IN8 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 1970ot 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 ONEo PART TWO 901527 PAGE 1 lm GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEARS 197071 A LIEN; NOT YET PAYABLE 2® IRRIGATION DISTRICT TAXES OR ASSESSMENTS9 NO EXAMINATION HAVING BEEN MADE OF THE RECORDS OF SAID DISTRICTd DISTRICTS SAN DIEGUITO 3® 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 8 IN BOOK 10078 PAGE 15 OF DEEDS AFFECTS 8 EAST 7 FEET 4m AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN9 AND INCIDENTAL PURPOSES FOR s INGRESS AND EGRESS FOR ROAD PURPOSES RESERVED BY 8 ALBERT I. JENNINGS AND ALICE Go JENNINGS RECORDED S DECEMBER ll9 1952 IN BOOK 46829 PAGE 557 OF OFFICIAL RECORDS 5m AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES AS GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY BY DEED RECORDED S APRIL 279 1954 IN BOOK 52199 PAGE 142 OF OFFICIAL RECORDS AFFECTS 8 AS FOLLOWS8 SAID EASEMENT AFFECTS THE WESTERLY 375 FEET OF THAT CERTAIN 12 FOOT STRIP OF LAND OVER AND ACROSS LOT 59 BLOCK "XM°9 SEASIDE GARDENS ANNEX9 MAP NOe 18019 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 LYING NORTHERLY OF AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED LINES BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 59 BLOCK "X " DISTANT THEREON 104*64 FEET NORTH OF THE SOUTHEAST CORNER THEREOFs THENCE NORTH 890 30" 301" WEST TO THE WEST LINE THEREOF 901527 PAGE 2 6® AN EASEMENT AFFECT PURPOSE STATED HEREIN9 FOR e GRANTED TO 8 RECORDED e AFFECTS a ING THE PORTION OF SAID LAND AND FOR THE AND INCIDENTAL PURPOSES ROAD PURPOSES MAE Ro PERRY MARCH 279 1953 IN BOOK 47989 PACE 508 OF OFFICIAL RECORDS THE WESTERLY 145 FEET OF SOUTHERLY 12 FEET OF PARCEL HEREIN DESCRIBED 7m A PURCHASE PRICE DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS ;iN THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED a JUNE 199 1963 AMOUNT s $7 9500 ®00 TRUSTOR e DONALD EMORY LAIN AND DEHLIA GRACE LAIN9 TRUSTEE 0 BENEFICIARY a RECORDED a RECORDER'S FILE NOsR HUSBAND AND WIFE AS JOINT TENANTS WESTERN MUTUAL CORPORATIONS A CALIFORNIA CORPORATION KATHERINE RAINES JULY 89 1963 118182 AFFECT, HEREIN DESCRIBED WITH OTHER PROPERTY. 8. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY9 AS DISCLOSED BY A NOTICE OF AWARD OF CONTRACT FOR a SEWER DATED a NOVEMBER 25% 1969 RECORDED a DECEMBER 29 1969 RECORDER°;, FILE NO,a 219509 901527 PAGE 3 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA9 COUNTY OF SAN DIEGOo AND IS DESCRIBED AS FOLLOWSS PARCEL 18 THAT PORTION OF LOT 5o IN BLOCK "X11 OF SEASIDE GARDENS ANNEXA IN THE COUNTY OF SAN DIEGOv STATE OF CALIFORNIA9 ACCORDING TO MAP NO® 1801v FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYo AUGUST 69 19249 DESCRIBED AS FOLLOWS8 BEGINNING AT A 1/2 INCH PIN ON THE CENTER LINE OF OCEAN VIEW AVENUES MAP NOo 18019 AT THE NORTH END OF A CURVE DESCRIBED AS HAVING A CENTRAL ANGLE OF 33® 339 40" AND A CENTER LINE RADIUS OF 560 FEETS THENCE NORTH 850 311 20i1 EAST 20 FEET TO A 4 INCH BY 4 INCH MONUMENT ON THE EAST BOUNDARY LINE OF SAID OCEAN VIEW AVENUES THENCE NORTH 4® 281 4011 WEST 194,01 FEETS THENCE SOUTH 890 309 3011 EAST 383 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED UNDER PARCEL 1 OF THE DEED TO MAE R® PERRY9 RECORDED MARCH 279 1953 UNDER RECORDER9S FILE NOo 41871 IN BOOK 47989 PAGE 508 OF OFFICIAL RECORDS9 SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 89® 309 3091 EAST 179 ®91 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY OF BLOCK "X999 SEASIDE GARDENS ANNEXt MAP NOo 18015 THENCE SOUTH 0® 549 EAST ALONG SAID EASTERLY BOUNDARY 98078 FEETS THENCE NORTH 89® 309 3001 WEST TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO HENRY P, HALLEN AND WIFE9 RECORDED IN BOOK 46829 PAGE 555 OF OFFICIAL RECORDSS THENCE NORTH 40 281 4000 WEST ALONG THE WESTERLY LINE OF SAID HELLEN9S LAND; 12 FEETo MORE OR LESSo TO THE SOUTHWESTERLY CORNER OF SAID PERRY LAND ABOVE REFERRED TO$ THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID PERRY /S LANDS SOUTH 89® 301 EAST TO THE SOUTHEASTERLY CORNER THEREOFv AND NORTHERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNINGo PARCEL 28 AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER THE SOUTHERLY 12 FEET OF THAT PORTION OF LOT 5 IN BLOCK "X'9 OF SEASIDE GARDENS ANNEX9 IN THE COUNTY OFF SAN DIEGO) STATE OF CALIFORNIA9 ACCORDING TO MAP THEREOF NO. 18019 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 AUGUST 69 19249 DESCRIBED AS FOLLOWS8 BEGINNING AT A 112 INCH IRON PIN ON THE CENTER LINE OF OCEAN VIEW AVENUES ACCORDING TO MAP NO. 18019 AT THE NORTH END OF 901527 PAGE 4 A CURVE DESCRIBED AS HAVING A CENTRAL ANGLE OF 33® 33° 40 11 AND A CENTER LINE RADIUS OF 560 FEET$ THENCE NORTH 85® 319 20P1 EAST 20 FEET TO A 4 INCH BY 4 INCH MONUMENT ON THE EAST BOUNDARY LINE OF SAID OCEAN VIEW AVENUEi THENCE NORTH 4''0 280 40Q9 WEST 94m88 FEET TO THE TRUE POINT OF BEGINNING$ THENCE CONTINUING NORTH 4® 281 40" WEST 99.13 FEET$ THENCE SOUTH 890 300 3001 EAST 230 FEET$ THENCE SOUTH 40 281 401' EAST 99m13 FEET TO A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO GILBERT N© UENNINGS9 ET UX4 RECORDED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 JANUARY 5% 1940 IN BOOK 9849 PAGE 182 OF OFFICIAL RECORDS$ THENCE NORTH 89® 300 30" WEST ALONG SAID SOUTHERLY LINES 230 FEETo MORE OR LESS9 TO THE TRUE POINT OF BEGINNING® NOTES SAID LAND LIES WITHIN THE BOUNDARIES OF THE IRRIGATION DASTRICT OFA SAN DIEGUITO 901527 PAGE 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 COPY SECRETARY CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it- shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. 5. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder u, pay, shall termina( -! 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 ,he 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- swed 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 setdecl 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 b} 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 be based on the provisions of this policy. No provision or condition of this policy Tan 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. 901527 Sheet 1 of n rPa.`!T nF RIrPT OF '-'P,.Y KtIOW ALL `;1EN RY THESE PPE'SE ^ITS• Eduardo J. Samaniego and Eriqueta R. Samaniego, husband and wife as joint tenants the undersigned, hereinafter design t-?0 grantor, owner of t ,p hereinafter described lanes, fnr a valuaNle consideration thr receipt of which monetary and other consideration is hereby acknn ±,iledged, does hereby grant and convey to Encinitas Sanitary District herein desiqnated Grantee, a perpetual easement and right e +•ray upon, through, under, over and across the hPr €=inafter des- cribed real property for the installation, construction, operation, maintenance, renair, reniacpment, and reconstruction of sewer pine lines any! /nr rains, manholes, sever literal nine lines, and all structures incidental thereto, together with the perpetual right to remove huildings, structures., trees, hushes undergrowth, fl of °re:,s and anv other obstructions i nterferi nn with the use c-f s;,.id easement and right of wav kv Prantpe, its successors or, assinns. To have and to hold said easement and rini�t of wav untn itself and unto its successors and assigns forever. The real property referred to hereinahove and made suhiect to said easement and right of wav by this grant is situated in the County of San Diego, State of Califorria, and is narticularly d e s c r i bed as f o l l o w s: UNINCORPORATED ARE1 That portion of Lot 5, in Block "X" of Seaside Gardens Annex, in the County of San Diego, State of California, according to Map 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 °33'40" and a center line radius of 560 feet;Thence North 85° 31'20" East 20 feet to a 4 inch by 4 inch monument on the East boundary line of said Ocean View Avenue; Thence North 4 °28'40" West 194.01 feet: Thence South 89 °30'30" 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 Offi- cial Records, said point being the true point of beginning thence con- tinuing South 89 030'30" East 179.91 feet to an intersection with the Easterly boundary of Block "X ", Seaside Gardens Annex, Map No. 1801; Thence South 0 °54' East along said Easterly boundary 98.78 feet: Thence North 89 030'30" West to the Southt:•°est corner of the land described in the deed to Henry P. Hallen and wife, recorded in Book 4682, Page 555 of Official Records; Thence North 4 028'40" West along the Westerly line of said Hallen's land, 12 feet, more or less, to the Southwesterly corner of said Perry land above referred to; Thence along the Southerly and Easterly line of Said Perry's land South 89 °30' East to the South- easterly corner thereof, and Northerly in a straight line to the true point of beginning. v Easement described as follows: Beginning at the most Southwest corner of the above described property, said point also being the Southwest corner of tha land des-_d 'In t;;e deed to Henry P:Hallen and wife, recorded in Book 4682, Page 555 of Official Records, said point being the True Point of Beginning: Thence North 4 °28'40" West along the Westerly line of said Hallen'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 recorders file No. 41871 in Book 4798, Page 508 of Official Re- cords: Thence along the Southerly and Easterly line of said Perry's land, South 89 °30' East to the Southeasterly corner thereof: Thence South 0 054' East to the intersection with the South line of the above described property; Thence North 89 °30"3n" hest 1-4!F.nn feet, more or less, alonq said South line to the True Point of Beginninq. Sheet ? of ? The grantor hereby covenants and agrees for himself, his heirs, executors, administrators, successors and assigns, that there shall not be constructed or maintained upon the above described real orooerty or within said Pasement and right of way ar.v building or structure of any nature or kind that will interfere loith the use of said easement and right of wav by r- rantee, its successors or assigns, or that will interfere ioith the innress or egress along said easement by said nrantee, its successors or assigns. The grantee hereby and agr•p-�s `or itself, its succes- sors and assigns.- not to fence the ahc,,o described real nron- erty or to prevent the grantor, his successors or assigns, from crossing over said real nronerty and agrees that Vie rrantnr, his heirs, successors and assigns ma,;, Pniev the contir.upd use of the surface of said real nrnnerty ;-;erein described, suhiect to the conditions above stated! and the Prange herehv cove- nants and agrees that after the installation of any nine line by it in any excavation made by it in the above descrihPA ease- ment and right of way it will backfill any such excavation made by it so as to fill said excavation as nearly as nracticable to the level of the Gt,rroundinq around, and will replace env oiled asnhal t or concre A surface +,,ii th like material and will reel ace any fence remove.0 uY it. (,As used above, the term "grantor" shall include the plural as well as the sirqular number and the viords "himself" and "his" shall include the feminine and neuter gender as the cas^ may be.) Executed this /z day Fv Signed sealed and delivered in the nresence of As s6bscribinq ioitness STATE OF CAL1F0Rf,!IA- t _- 1/t— £�,;.s . s , After "ecordati on , 11a i 1 to- County of r/ 45 /VC/ 74-5 SAN >ZAR DrsT nn 1 _ _ before me, the undersianed a r'otary Public in and for said <�7* J County an tate, no s ally appearedr�r� - ,� t ,,_tti{'�ti- kno,ln tb me to be —the persor whnse names subscribed to the within instrument ao acknowledged that executed the same. 4'1TNESS my hand and official seal. � < (Seal) Motary Pu lic in and �._. for said �ountv and State in _ of C .'f raia 1971 NO CHARGE-ON THIS DOCUMENT FOR THE BFNEFIT_..OF �..� 1T�9R � pfrTR�cT .-. ..A&:. ;Not. �.:. -- OCEAN ?VE = -- - w U, w- N w 194.01 p_ Q 40 28� 40 + W N r)l •T-' T-7 to n N (n STl i V) C7 -3> m —1 W nj :D Q) ;:E ' ' o a r � r- 0 -<oo U) �, w N 00 z �o GD Z N M ;r O ai rn -- .p 'A p CD 3 cD = ;a V) O - , m Zri cti CD � -n -s OD •A 4 m �' � w -mss U' OD r y z J. V1 \ fVVi / 00 ---�— �■�-- v OD O —_ m o +� W o X 0 -v • a, o a) 'a p c -S 7 n m OD —+N ;" v 01 c i c0 Vl = I� -k PD Z. p Co m r o C`h • r*t y O Ln O n - , 3 c+ a, ry J. 3 y 3 y Q ::3 7 -• J -5 CD (D , .. S o 0 54E � 98.78 ELY BOUNDARY BLACK X RESOLUTION 110. F -17 RESOLUTION «UTH,)RIZMM ACCEP°i'VICE OF GRANTS OF RIGIiT- OF -1-1AY FROM JO: Ii Ii, ;'RU� i'R AND ?`:. ALBE?3TA I' UGER, DA iIEL N. SALETIN0 ARID VIRGT "MIA -P. .SALERNO, APiD EDUARDO J. SA'',`A.IIE(FO AND ERIMUETA R. SAMANIEGO WHEREAS, it is necessary that the ENCINITAS SANITARY DISTRICT acquire a perpetual easement and right-of-,,-ray upon, through, under, over, and across certain real *property in the Countv of San Die7o, State of California, for they installation, construction ,operati.on, maintenance, and repair, renlaeement, and reconstruction of sever dine lines and /or mains, manholes, sewer lateral pipe lines, and. all structures incidental thereto; and _. WHEREAS, for valuable consid-- ration, John I?. Kr_ -er r:y and P?. Alberta Kruger have executed a 7,rant of rig' -)t- of-wa.-r elated December 9, 1969, conveyinFr to the ENCZPIII'AS 't_PdITARY DIS.T'7I�"' a. perpetual easement and right- of -;vay, as hereinbelo,,a descrii:od; and WIiEREAS, for valuable consideration, Daniel S lerno and Virginia P. Salerno have executed a grant of ri-ht- of —:ay dated December 16, 1 'hq, conveziin7 to the FP CI ";I "-'AS SA1'II " -ARv DISTRICT a perpetual easement and ri ght -of -,ray, as her:- in--elow described; and WTIERF AS, for valuable cons iderat ion, r duardc T . Samariego and Eriqueta R. Sama.niego have executed a. grant of right -of -:ray dated December 11, 1969, conveying to the ENT='1ITAS SANITAR`t DISTRICT a perpetual easement and right- of.- ,ra;�, as hereinbelow described; and 4 C �, ; rm �i �T,' �F rm a r WHEREAS, the L.,;CI�vITA� SA :'.1I A-R L1J.. S!I ,, is desirous o� z cceptin^; said perpetual easements and ri ,,,hts -of- Tray; ".z NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the ENCINITAS SANITARY DISTRICT of the County of San Diego, State of California, does hereby accent the full interest in real property conveyed by the grant of right -of -way dated ' December 92 1969, from John H. Kruger and F". Alberta Kruger to ENCINITAS SANITARY DISTRICT, a political corr� oration. Said property is described as follows: Easement described as follows: All that portion of Lot 6 in Block "h" of Seaside Garden Annex, in the County of San Diego, State of California, according to man .thereof No. 1301, filed in the office of County Recorder of San Diego County, August 6, 1924, described as follows: Beginning; at a point on the 'icrth line of said Lot 6, distant thereon South Q9 030130" East 280.00 feet from the North West corner thereof, said ;)oi_nt of beginning being- also the Northeast corner of land doscrit)��d in deed to Charles ". Head, Et Ux, recorded !Ray 5, 1g113 in Book 2784, Page 325 of Official Records; Thence South 1011e'30" Blest 1143.00 feet alonm the Easterly line to the Southeast corner of said ?ead nropert.• to .;he True Point of Beninnin!^; Thence, conttnui_nf* along the prolon<-ation of said Easterly line to the intersection .rith the °outherl,1 line of said Lot 6; 'Whence North 8'? °3 ^'30" 1,'est 233.x2 feet, pore or less, aloric the Southerly line of said Lot 6 to the SoutInTest corner thereof, ar,iich is a no' _nt in the L.asterlt7 'Line of :')Sean Vie-.4 Avenue and in the arc of a 580.00 foot radius curve, concave Westerly; thence P?ortherly alonm the arc of said curve ancl said asterl- line of Ocean Vieux Avenue to its Point of intersection with a South1;7esterly line of said Head Land; Thence aloe; said Read Land; South 30 °53' =.ast 15.79 feet; "hence South. 80,°30'30" East :parallel rith said :'ortherl;;, lino, of Lot 6 a distance of 269.4E feet to t, „e True Point of FeF-inninp-. BE IT FUrT:ii?-A RESOLVED that the Governing Board of the ENCINITAS SAN!rl'ARY DISTRICT of the County of San Diego, S tats: of C,. ?ifornia, does hereby accept the full interest in real pronertir conveyed by the grant of right -of -fray dated T�ece-nber 16, 1969, from Daniel N. Salerno and Virg-inia P. Salerno to :1:1CINI AS SANITARY DISTRICTS a political corporation. Said property interest is described as follows: That portion of Lot 1 in Block W of Seaside Gardens Annex_, in the County of San DieF"o, State of California., according to the mar thereof No. 1801, filed in the office of Ccunt,.r ' ecordar of Sax. Liego County, ^ugust 61 1424, described as fol?o „rs: Be, inning at a point on the Nort'nerly line of said Lot 1, distant thereon South 89 °30'30” Tast, 262.39 feet from the 2. Northwesterly corner thereof, said point being, the PNortheasterly,% corner of land corveved to Grahan Kraus, Et Ux, bV deed recorded December 30, 1964, Series 5, Book 1964 as file No. 235674 of Official Records; Thence continuing- along t'_:s 'Northerly line of said lot, South- 89030'30" East, 98.69 feet to the Northwesterly corner of land conveyed to Hiannah Louise Stark ,by deed recorded !"arch 26, 196.4, series 5. Book 1964 as file No. 94558 of Official `?ecords; Thence Southerly along the-Westerly Tine of said land, 137.00 feet to the Southwesterly corner thereof; Thence Easterly along the Southerly lire of said land, 73.70 feet to tie Easterly line of land conveyed to "ari Morrison "alone, by deed recorded January 29, 1963, series 4, Boot{ 196.3, as file t.o. 16931 of Official Records; Thence South 0 129139" West, along- the Easterly line of said land, 211.69 feet to the South line of said Lot 1; Thence Forth "9030'30" West, along said South line, 344.78 feet to the Southerly nrolmr ation of the Westerly line of the aforenentioned land conveyed to Graham Pr. Kraus; Thence North 0029'30"- East, along; said prolonl,ation 211.69 feet to the Soutrneesterly corner of said Kraus land; Thence along; the boundary of said land, South: S9 °3930" East, 172.39 feet and 'North 0129'30" East, 137.00 feet to t:ie point of beginning;. Easements described as follows: Parcel 1. The most Easterly 10 feet of that portion of Lot 1 in Bloclr "1411 of Seaside Gardens Annex inthe County of San Diego, State of California, accordin? to the man thereof .No. 1001, filed in the office of County °ecorder 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 followinc- described centerline. Be-,innin=g at a point in the Southerly line of Lot 1 in Block "Wit of Seasic,� Garc r:ns t.nnel in the County of .an D ie�,;o, State .tc of California, according to tree map thereof ''o. 1801, filed in the office of County Recorder of San Diego County, August 6, 1y24, distant thereon, ?.North 89030' 10" West 172.39 feet from the most Southeasterly corner of the a}•ove described portion of Lot 1 Thence North 0 129'30" last, 211.69 feet, more or less, to point A. Point A being; the Southeast corner of the lard CO21Ve�7 @d t0 Gra.hari * °. T�.rc11?S, t TTvI b: deed r_COrded Dcce_:ber 30, 1964, 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 follovTing described centerline: Beginning at mint A as described in the description of Parcel 2, thence South 0029'30" i a.st 11.00 feet; thence North 890301'30" West 5 feet to the True point of Be71nn.1n -. Thence continuing North 89°39'30" !Test 106.13 feet, 4.00 distant from and parallel to the South line of the land conveved to GraI-ia^ : °i. Kraus E.t ijv, by deed recorded neceinbcr 30, 1964, Series 5, Book 64, as file i;o. 235074 of Cffi cial Records. BE IT FU iTijT. R` SOL V .7. th?t the ^otierning Board of the F.NCI'.iITAS SANITARY DISTRICT of the County of San deco, State 3. of- California, as hereby accept the full iterest in real property conveyed by the g;ran't of right -of -way dated December 112 1969, from Eduardo J. Samaniego and Eriqueta R. Samaniego to E11CINITAS 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 "tap No. 1801, filed in the Office of County Recorder of San Diego County, Aurust 6, 1924, described as follows: Beginning at 112 inch pin on the center line of Ocean Vievi Avenue, Map No. 1801, at the North end of a curve described as having a central angle of 33033140" 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 11,orth 11'028,4o" West 194.01 feet; Thence South 89 °30'30" East 383 feet; to the Northeasterly corner of the land described under Parcel 1 of the Deed to ',rae R. Perry, recorded March 27, 1953, under Recorder's File �Io. 41871 in Book 1 }798, Page 508 of Official Records, said point being; the true point o`' beginning thence continuing South 89 °30'30" East 179.91 feet to an intersection with the Ea terl,y boundary of Block "X�'; Seaside Gardens Annex, ;Nap No. 1801; Thence South 0 1514' East along; said Easterly boundary 98.78 feet; Thence i'Tort'^ 80030'30" West to the Sout'west corner of the land described in the deed to Henry P. Hallen and wife, recorded in Boo!! -- 4682, Pa�7e 555 of Official Records; Thence North 402814011 '.test Plonp, the Westerly line of said F.allen's land, 12 feet, more or less, to the South- westerly corner of said Perry land above referred to; T;ience along; the Southerly and Easterly line of said Perry's land South 89030' Vast to the Southeasterly corner t ?:ereof, and Northerly in a straight line to the true point of herinnin7. Easement described as follows: Beginning, at the most Southwest corner of the above described property, said point also being the Southv,,rest corner of the land described in the deed to Fenry P. I.allen and wife, recorded in Book 4682, Parre 555 of Official Pecorr's, said point bein(7 the True Point of -Be - inni.n Thence North 402-814011 Uest along the ester ,,.r line of saio r allen's land, 12 feet, riore or less, to the Southwesterly corner of the land described under parcel 1 of the deed to 'Jae P. Perrv, recorded ''arch 27, 1953, under recorders file No. 141871 in rook 4793, Page 508 of Official Records; Thence along the Southerly and Fasterly line of said Perry's land, South 89030' East to the Southeasterly corner thereof; Thence South 0054' East to the intersection with the South line of the above described property; Thence North 89030'30" crest 145.00 feet, more or less, ?long said South line to the True Point of Beginnin7. BE IT FURT:jER RESOLVED that the Governing Board does request and direct the County Recorder of t":e County of San PieFo, *ate of California, to cause each of said deeds to be recorded upon the request of the Secretary of said ENCI;�ITAS SA?dITARY DISTRICT. 4. BE Il ;a'URTHER RESPOLVED that this resolution shall be numbered r -17. PASSED AND ADOPTED by the Covernin7 Board of the ENCINITAS SAtIITATT?Y DISTRICT on the 15th day of January, 1970, by the following vote: AYES: Filanc, Price, Ericks, Lienhard, Stowell NOES None ABSENT: None STATE OF CALIFO?'vIA) ) ss. COMITY OF SAN DIEGO) is P.2. H. LU1ID3 Secretary of Encinitas Sanitary District, _ do hereby certify that the above and fore -poind is a full, true and correct copy of Resolution No. P -17 as the same apnears upon the Minutes of the reFular meeting of the Governing Board of Encinitas Sanitary District dated January 15, 1970, noirr on file in my office. Dated this 15th day of January, 1970. 14. I-.. LUIID 5. FILE/PAGE NO..._..._X._...._._�__ RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. MAR 9 9:OOAM'70 OFFICOOK 1970 IAL RECORDS SAN DIEGO COUNTY CALIF. A. S. GRAY, COUNTY RECORDER N0 F F