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HomeMy WebLinkAboutReso 1984-11530 Revised 2/2/84 RESOLUTION NO. 11530 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM MARY KAYE, JAMES DAGLAS, DEBBIE DAGLAS, JAMES WALTERS, DEMETRIUS GATS IS, GLORIA AISPURO ARISTEGUI, LIEF GENE PEDERSEN, LYNDA M. PEDERSEN, WALTER M. SHAW AND MARIA ANJOS NORTE SHAW FOR SEWER PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that those certain grants of easement for sewer purposes executed by Mary Kaye, James Daglas, Debbie Daglas, James Walters, Demetrius Gatsis, Gloria Aispuro Aristegui, Lief Gene Pedersen, Lynda M. Pedersen, Walter M. Shaw and Maria Anjos Norte Shaw, copies of which are attached hereto and by this refer- ence made a part hereof, the same as though fully set forth herein be, and the same are hereby accepted by the City of Chula Vista for sewer purposes. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record same documents in the office of the San Diego County Recorder. Presented by Approved as to form by ,. ohn P. Lippit ngineer .. /. 4 ,.- _\~--r \ ;'/ ... ~~~~;:";~~rt:,~!~L~; I. . Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :HULA VISTA, CALIFORNIA, this 7th day of February 19 84 , by the following vote, to-wit: \YES: CounciZmen Moore, McCandliss, Scott, Malcolm, Cox !lAYES: Counci Zmen ' None 1\BSTAIN: Counci Zmen None 1\BSENT: Counci Zmen None R~ the City of ChuZa Vista ATTEST fJdu~ d', ,<fLtl<{..Lattft/'~ Deputy City CZerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) 55. I, PATRICIA A. GUARDACOSTA, DEPUTY CITY CLERK of the City of ChuZa Vista, CaZifornia, DO HEREBY CERTIFY that the above and foregoing is a fuZZ, true and correct copy of RESOLUTION NO. 11530 . and that the same has not been amended or repeaZed. DATED Deputy City CZerk ( SEAL) -660 (pag) ;/.A-L i:J- 6?5 q'l 0 If SUBORDINATION AGREEMENT I FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deed of Trust described in Paragraph II, and as the owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the easement hereinafter described in Paragraph III, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under any foreclosure of said Deed of Trust. Beneficiary declares and acknowledges that it hereby inten- tionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deed of Trust described in Paragraph II upon the land described therein in favor of the easement described in paragraph III to which the Deed of Trust described in Paragraph II is hereby subject and subordinate as above provided; and that it understands.that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquish- ment and subordination. II A Deed of Trust dated August 20, 1980 in the , executed by WALTER M. amount of $ 150,000.00 SHAW and ~mRIA ANJOS NORTE SHAW, Co-Trustees , IZ ~ 11-.5.-3' cJ )" . .( /' I / ~i/ '.',IJ tv. A~/ ~l~" ~ ~-'" I as Trustors, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN - DIEGO, a corporation , as Trustee, in favor of HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation as Beneficiary, was recorded September 2, 1980 , in the Office of the County Recorder of San Diego County as File No. 80-280350 III THE EASEMENT: A sewer easement more particularly described in Exhibit "A" attached hereto and made a part hereof. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation, Trustee BY: ~~ BY: Frank S. Clemons, Assistant Vice President /l'~if'~l!(,1C ./ Robert L. Knaus, Assistant Vice President HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation, Beneficiary BY: .!f::1--tJ.1A.JV ~A ...---..1 BY: Robert L. Knaus, Assistant Vice President IT NO. NN007:J7 ) 1945 CA (7-82) orporation) STATE OF CALIFORNIA } COUNTY OF San Die"o SS. On December 19, 19B3 b f e ore me, ~id State, personalJy appeared Fr~11k S Cl pmnnC1 lersonally known to me Of proved to me on the oasis ( satisfactory evidence to be 1{1c person whq~xecuted t e within instrument as the SS1.stant Vice President, and Robert L. Knaus personally known to me or proved to me on the basis of satisfactory evidence to be the person. who execu,ted the within instrument as the stant V~ce Pre~l.de.&.t<.'fe:t~"Y of the Curporation that executed the wlthm. Instrument J.nd acknowledged to me that such corporatIOn executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my band and official seal. )ignacure qut,(,t:lcdl r:~luy ~TlTLE INSURANce AND TRUST ATlCORCOa,tP,,"Y the undersigned, a Notary Public in and for V"......'.lr*.....,"'......~.'~R".....,~........'........::...f....;~ "'...., . ."'""""""'.:' ....".,..., - - ~'':::\L !~:: ,\--';--~) r:~,'~;7 ." .~ .,.; I < : ~::::, '" " ,_i:-;~'!' ::A ~ .~ ",:(,~;,..~: ',r:L~~ ..'j "1 " -- ~,i'~~'r:,~_'jf'l~l'c'1Y t . ~ _.' 'I ", "~.r ". '" -. '" '", 1. .' ,~",,",\),' <,;')'1 !...(;, "'''-i \'.:>r-.1 9 lCQ~ ~ "'....-...._""...,;.....;". ,....~....,~...............,'\..~...:........ .~~"" ;, ~--"'--.ro--.....V (This area for official notarial seal) ~-llni) T. NO. NN01DS6 2,344 TTlCA (11-82} ( ( ENDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Attached to and forming a part of: 1. Commitment No. 2. Policy of Title Insurance No. or 3. GUARANTF.F. No. MM 104613 WHEREAS, Title Insurance and Trust Company has changed its name to Ticor Title Insurance Company of California. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby amended to the name: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the docu- ment and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated as of the date of the document to which this endorsement is attached. TlCOR TITLE INSURANCE COMPANY OF CALIFORNIA By \\\\\111\""'"(/,,, ''''<c.€. c:}.,.~.,.. "'f:>""....~..'" ,.:;:; ~ .... . . . :il"--' ~ i.I1.." ~_ ....,~ ~; ~:;:; eti1;', ."~ ~~~~\.l2~Om.~i "',...J.. ~ '-.. oJ.)ll '~\"'- ,,\~' ""1 \\\\\ tltrlllllllu,,\1 President Attest Secretary . Principal Office: 6300 Wilshire Boulevard P.O. Box &;- .!,( [.!~Iifornia 90009 INTER-CITY ENGINEERS. INC. LAHO PLANN'I'la ENGINEERING. BUBDIVISIONS . SURVEYING 7078 " "''''.'ON GORGE RD. . .AN DIEGO. CAL'I"'ORNIA 1il'2120 . ~ee.e384 AN IEQUM. O~"O""U"IT'T EM"LOTI:. EXHIBIT "A" SEWER EASEi\mNT A 10' wide sewer easement over a portion of the Easterly half of 1f 4 section 46 of Hancho de la Nadon, in the County of San Diego, State of California, accordinp.- to Map thereof No. 166, filed in the Office of the County Recorder of said County as delineated on Exhibit "A" attllched hereto and incorporated herein, thc ccnterline of which is described as follows: Beginning at the most Westerly corner of Pllrcel 1 of Parcel Map No. 10802 filed in the ornce of the County Recorder of said County, being; also an angle point in the boundary of Lot 140 of Bonita Ridge Estatcs Unit No. 3 according to Map No. 8633 filed in the Office of said County Recorder; thence South 63024'02" East a distance of 299.98 feet (South 63021'38" East per Map No. 8633), (South 63001' East per Shaw deed filed January 3, 1980 as Document No. 179041) along the Southwesterly line of Parcel Map 10802 and its Southeasterly prolong- ation, being also along the property line of said Lot 140 to the True Point of Beginning of deed to Shaw co-trustees, filed January 3, 1980 as Document No. 179041 in the Office of said County Recorder; thence continuing South 63024'02" East along said line a distance of 300.00 feet; thencc North 31001'28" East (North 31024'30" East recorded Shaw deed) a distance of 230.09 feet to an angle point in said Shaw property line being also the most Northcrly cornerof land described in deed to Wilmet' and ElIen Ann Bass filed November 12, 1973, File/Page 73-315230 in the Officc of said County Recorder; thence South 63024'02" East along the Northcasterly line of sHid Bass land a distance of 61. 49 feet; thence North 26035'58" East a distance of 5.00 feet to the True Point of Beg-inning- of said centerline; said point being thc ber;inning of a 185.00 foot radius curve concave Northeasterly the centcr of which bears North 26035'58" Sheet 1 of 2 .', X-llrJD East from said point; thence Northwesterly along the arc of said 185.00 foot radius curve thru a central angle of 28037' 39" a distance of 92.43 feet to the point of beginning of a nontangent 185.00 foot radius curve concave Northwesterly the center of which bears North 58000'02" West from said point; thence Northeasterly along the arc of said 185.00 foot radius curve thru a central angle of 34045'00" a distance of 112.20 feet; thence tangent to said curve North 2045'02" West a distance of 74.56 feet to the beginning of a tangent 186.06 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said 186.06 foot radius curve thru a central angle of 36005' 00" a distance of 117.18 feet; thence tangent to said 186.06 foot radius curve North 38050'02" West a distance of 54.67 feet to the terminus of said Easement. 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",'"'' " J V ','t~ ,;:,., I, .,'::;~ \' : I~ I~ """,,, ~I d' ""..Ii , " .,> . , .. ; " ,\ , . ,.,"' . ..' .' V ' . " ~ ~. - ~,' , --: "l \ . ' ,,' --~ \ I ..- ~1~'" ..--r--::-' ~-"/ \ '" . . --~ -"'~---/ ,,'" \ ~ \ / ......, {<> , __ ::- .,' J.' "" \ v' <"_:--;: ~ ~ '-'-/ ..: (,J \ "."...... ' .,) , \' '0 A ,"^ , ' . ,U {.",'" "I (C -rP' ,I'" . " -/,,,., .P,' ("~' ,,,../ ,.,' ,J , '"' " "I' \ " 0: ,D ,,' .... '" " ' . , , ., .' " ;~'O;).\ ~~ ,~..:; f~'" ~ .~ "; \ <J'<:'....<"~, · \ ' :-"1\ ~" (Otl <;.; , , '~~ tI' C G \ -:. , \,'~\ ""'o'.~ pf I-~ tI~ It ,~ ':. ".' ,': ~ /cf/(J r' c f ~\\. ~ " -;:, , '->..,\\ ,F" 1,,' ,'" ~ v':" ,'~ ~ '. " ','" ,-,,' ~O\ $"O~~/;:t. ". ,'. ..' f"i /.3"''- " ~ ' .~ \ "rl'" .,5 ~" -:;, .. \ f'" ,d' ' ' '.:. -rti ffl" ! '" ';; , . C,..y ~ ' \ \ .. (("C" I-I'f> Oi''' ..- 'Z~ ,.. ,"rD' P J. "/AI s.,.~7 . E"'~' \ ~ I I I I I I , I ~\ , I ! I :\ i ,1', ~ c' ., c ,r c.j,J!t\.N ,'I" ~ ~ " , , .0'( , ~ ,0"-">",,,,.0 \ ~ \ 0" ," ~j/ ", ,~\ ,/ ,/"'> ff~/,:i) ." .." .' I I' " , .,' f"> 00' .."' ~ \"C ' 0 ,,0 /::"" ". "-' 5 0 ' ~ .1. " ~ ~. '-' d' ( ./ (;J -1' , .' . e" 'or ,(" ff" 10'", o~\) ( .~' .. (fD. .,~ ~', \) I,,, ,~" (.1.. /'C D f ",/',~/'(' , ' ' ,', s .." ,.1 ,/' I ' " \. ,,', , ",1'", ,;o,-/c 1" nL /] --r' cr f.. Q; \\{' ") ",''''er .---,'!' " r' ' ~ ~ ..;,if'::;; ~_( f~ ...:.:--;':'" IO'SE""'/? E ,4SErlf".N \P';;"'~t-(<""" /,-/ J. C/ rY OF CPt/I/! 1"/.5; . . .../ -5' 7.4 rlf" 0 F C/lIIC'C/? /'I ..It/ _~ c-" ~ ,-~....//-.------/~ _c------~.:::::~=------ -' ".-" ~-->-----:--- ,..---. -- ::::c:~ . ,.. . ~~ 1/I1P -- ~ ) S30-A 14.'4' California land Title Association Guarantee Form No. 12 ( ( Schedule A OT BOOK GUARANTEE No. MM 104613 he assurances referred to on the face page are: hat. according to the Company's property records relative to the following described real property (but without examin- tion of those Company records maintained and indexed by name): .. The last recorded instrument purporting to transfer title to said real property is: )oc. recorded , favor of Doc. No. in Book Page Walter M. Shaw and Maria Anjos Norte Shaw, Co-Trustees UDT dated February 6, 1980, and in Walter M. Shaw and Maria Anjos Norte Shaw, husband and wife as community property, as the interest of said trustee and husband and wife may appear. :. There are no mortgages or deeds of trust which purport to affect said real property other than those shown below under :xceptions. Jo guarantee is made regarding (a) matters affecting the Beneficial Interest of any mortgage or Deed of Trust which may ,e shown herein as an exception or. (b) other matters which may affect any such mortgage or Deed of Trust. No guarantee s made regarding any liens. claims of lien. defects or encumbrances other than those specifically provided for above. and. f information was requested by reference to a street address. no guarantee is made that said real property is the same as .aid address. :xceptions: I. A Deed of Trust in the amount of: 150,000.00 rru~or Walter M. Shaw and Maria Anjos Norte Shaw, co-Trustees ***. rru~ee Horne Federal Savings and Loan Association of San Diego 3eneficiary Horne Federal Savings and Loan Association of San Diego ~ecorded 9-2-80 Instrument No. 280530 Book Page 1. A Deed of Trust in the amount of: rrustor r rustee aeneficiary Recorded Instrument No. Book Page Mditional malters (as requested): *** under Declaration of Trust dated February 6, 1980. DESCRIPTION: As per attached plat ..,.~,~.'.....- --- ......30J4~..'~ ....... - '- . !f~' ~ 1"". . .... . of i;\.'~7.~ .~ ."--:',~ ", ., . , " . , .', > GnA1fT OF E!'.SEMENT FOR SElVER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of ~lay for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant ' sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: ," .. <. See, attached EXHIBITS "A" & "B" , 'I, Together with the right to enter upon and to pass and repass over and along said ease~ent and right of way and to deposit tools, implements and other materials thereon by said C~ty of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees _ engaged by said City, whenever and wherever necessary for the purposes. above set for~h. , It is understood and agreed by the partip.s hereto that the Grantee shall inde~,ify and hold the Grantor har~less against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the construction, operation or maintenace of the aforementioned sanitary sewer or in using, operating or traveling over the land \lithin the hereinbefore described Grant of J::asement. It is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. IHT:,IESS " '.: nand this /).-H. day. of NOTE:: Attach notary ment here. . .. I , .. PW-E-5l - GENERAL ACKNOWLEDGMENT r~"'~~~~~~-':'",;, -:- ~~-=?':~ ;i State of California \; : -= : :: : :: On this the l2t%ayot : September N ~ = :~ 83 19_, before me, County of San Diego } 55. Nellie H. Barrington ~ ,. Ij '; , . r'''~~'''''''''''~~';~'~'~ .j '~; '''i'ii\ NELLIE H, BARRINGTON .: 11!1 personally known to me 1 ~:'~""1~~!,~ NOTARY PUBLIC CALIFORNIA.., 0 proved to me on the basis of satisfactory evidence . ..~-::.~. PRiNCIPAL OFFICE IN ~. e .j ,...",0 SAN DIEGO COUNTY to be the person(s) whose name(s) ar ">> My Commission Expires April 12, 1984 within instrument, and acknowledged that they @'tN'tl'rI'i.'WITNESsmYhandandoHiCialsea/L ,> fJ ' II;} - ~ ~/da~qltl7t.. ~ ~~________~....~'C~.....~.....~~y'ss~g:ure:~~L :~~_ 7:;,=,'?- :: -r.r.,.-&? 7110122 NATIONAL NOTARY ASSOCIATION. 23(n2 Ventura. Blvd. . PO, 80)1. 4625. Woodland Hill., CA S the undersigned Notary Public, personally appeared Walter M. Shaw and Maria Anjos Norte Shaw subscribed to the executed it. ,.: I,;' 14 ::', '''/ SUBORDINATION AGREEMENT I FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deed of Trust described in Paragraph II, and as the owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the easement hereinafter described in Paragraph III, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to t.'le rights of any purchaser under any foreclosure of said Deed of Trust. Beneficiary declares and acknowledges that it hereby inten- tionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deed of Trust described in Paragraph II upon the land described therein in favor of the easement described in Paragraph III to which the Deed of Trust described in Paragraph II is hereby subject and subordinate as above provided; and that it understands.that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered i~to but for ~aid reliance and the execution by Beneficiary of this waiver, relinquish- ment and subordination. II A Deed of Trust dated September 17, 1976 in the amount of $ 56,000.00 , executed by LIEF GEN~ PEDERSEN and LYNDA M. PEDERSEN , /~ X-//53"; . as Trustors, LJF CORPORATION, a California corporation , as Trustee, in favor of LA JOLLA FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation ---..- , as Beneficiary, was recorded September 21, 1976 , in the Office of the County Recorder of San Diego County as File No. 76-307695 III THE EASEMENT: A sewer easement more particularly described in Exhibit "A" attached hereto and made a part hereof. Verdugo Service Corporation, Successor to LJF CORPORATION, a California corporation, Trustee By:~~)4 .,.?:',J , ~/-~ -:t' Mildr' ~Kirby, vice resifent , - ~.--? ~~., _ J ,',: ..:::::..~~ c;.~i. c/71-r:'7 . ~~011d:1J. ~ssistant Secretary ; ';:}\1.i~ r::m::.L,\L ;;[\VI~;GS (, LOA:-: ASSOCIATIO~~, . h.>...' ',..,nr t u .." : );,L;, FEDERAL SlWINGS A1m LOAN .\SS' CL\TIO:!, a corr->orCltion, ;3(!'nL~:iciC1r'l BY: ~'" -0' /) ../ cc" /, 7.t:-<-G.a.....,,(,../ . T..',.'-:.--!Ialldrd, ASSi~a:1t~ent /~,. / " ", /' ~1lA.dred Betcher, ..\~S istant Secretary BY: 94!1 C'" (8.74) STATE OF CALIFORNIA COUNTY OF Los Ange les Ora JanuarY~_-.19~,~~___. ._~before me, the undersigned, a Notary Public in and for said State, personallyappeared__I~ w. BalJ..?.~...Q). personallv known to me to be the Assi_~tant Vice _ President, and known to me to be Assis,t;__c'3.nt Secretary of the corporation that executed the within Instrument. known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that ~ul.;h corporation executed the within instrument pursuant to its hy-laws or a resolution of its board of directors. (9~T1TlE INSURANCE AND TRUST ,rparation) ( r SS. ATlCORCOMPANY Mildred Betcher, person~lly WITN ESS my hand and offIcial seal. OFFICIAL SEAL ROXY SHOULDERS NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGElES COUNTY My Commission Expires March 22, 1985 ignature ~~?ed~ (This area for official notarial ~eal J acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. {/' WITN ESS my halfi! and official seal. / / .J ~ ! / . ~/i/~ett~ ' Signature 'i/ic t'. (It -------- OFFICIAL SEAL CRISTl~!A VII! nTA NOlt..r<'( r't.!::;!.y..: - C:.,U;:ORr~!A L""S A"rr! r<:; ('~'~'T( My co~.'m."~~r:;e:> 'CcT"lJ, 1984 R.-Ilri eJ (This area for official notarial seal) ,. GRAilT OF EI'.SEHEN'I' FOR SE\'lER PURPOSES ' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned dO/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: , See attached EXHIBITS "A" & "B" Together with the right to enter upon and to pass and repass over and along said easement and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes, above set forth. It is understood and agreed by the parties hereto that the Grantee shall indea,ify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the constr~ction, operation or maintenace of the aforcment~one(i san~tary sewe= or in us~nq, operating or traveling over the land w~thin the hereinbefore described Grant of J::asement. It is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. \HTUESS ,-. r nand this d2.j'. of J-/.t- 19 f~ HO'I'E: : Attach notary acknowledge- ment here. PW-E-51 , J?-/~S-~O } 55. CiLEN:\4LE FEDERAL SAVINGS AND LOAN ASSOCIATION personally known to me or proved to me on the basis of satisfactory evidence to be the person whostt name , ..:5 subsc'ribed to this instrument and acknowledged that '5ha- executed it. WITN ESS my hand and official seal. Signature ~ik' 4u~ OfFICIAL SEAL PATTI BASILE NOTARY PUBlIC-CA.LlFORNIA ~,~;; .' ~ PRINCIPAL OFfiCi IN "",..... SAN DIEGO COlINTV ""~I~' CommIssIon ~fM tit.,. '8. 1988 GFS FORM 1251 (L 6/82) (This IIfea for offIcial notarial seel) -.--- _. - CAT. NO NNQ0627 TO 1944 CA (1-83) IJ TICOR TITlE INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF San Diego } ss. J On August 18, 1983 said State, personally appeared before me, the undersigned. a Notary Public in and for Lief G. Pedersen**** , .. w % .. ~. L . . . . personally known to me or proved to me on the basis of satisfactory evidence to be the persoo_ whose name is subscribed to the within instrument and acknowledged that ~ exe- cuted the same. WITNESS my hand and official seal. Signature AJ//!~KP /%: C~h-4 ./ If-II ......_.-....~~~,~~~~ ........ .-OFFICiAL SEAL ~ .",_.' DIANE M. SITAR NOTARY PUBliC. CAlifORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commissiofl bp. "~ 8. 1985 "",^,,".. .................. ~ JI) (This area for official notarial seal) .. -- ~._.__.__.._-----_..~ - -_._- ,~--~~._-- ._._----~. ----- .-.-..--,-.-.--.--------- --~._--~. ".-- "."'t~'''I,f<<'''''; ...~ :~ ~ ,- ","-' -< .... . ..~\;'-t,'~"" ," '. .,,:':i~f~~)~~": ;' . - ,,- '1' ;~ ');, .. " . .' , ,'j -~ GnAt,lT OF EJI.SEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of "ay for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: -' 't See, attached EXHIBITS n A" & "B" -, Together with the right to enter upon and to pass and repass over and along said easement and right of way and to deposit 'tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes, above set forth. , It is understood and agreed by the parties hereto that the Grantee shall inde~~ify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising froQ injury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the construction, operation or maintenace of the aforementioned sanitary sewer or in using, operating or traveling over the land vi thin the hereinbefore described Grant of Basement. It is further understood and agreed ~y the parties hereto that the aforementioned sanitary sewer and ap~urtenances thereto shall be constructed, placed or laid below the grade of natural ground. day. of J~/l 19 <13 l'IITtlESS " ;, nand this NOTE:: Attach notary acknowledge- ment here. PW-E-5l K- lIS '0 (Individual) STATE OF CALI COU "-OF On C+ said State, personally appeared } ss. CiLEI\D4LE FEDERAL SAVINGS AND LOAN ASSOCIATION personally know[I to me or proved to me on the basis of satisfactory evidence to be the person whose name I .:s subscribed to this instrument and acknowledged that "' .~Q._ >0 executed it, ~ OFFICIAL SEAL ""',' , ,;- NOf:R~"7u~,~:,I'~~NIA " ~,4. :t.!. PRINCIPAL OFFICE IN ~ SAN DIEGO COUNT't My Commlss1on Expires May 16. ,. WlnH:"" my hand and official sea Signature GFS FORM 1251 (L 6/82) ~ (T"ls are. for official notarial seal) ....... I. f'l'U NNUV627 TO 1944 CA (1-83) (Individual) . TICOR TitlE INSURANCE t ~ Z ~ ~ . STATE OF C\LlFORNIA COUNTY OF San Diego On August 18, 1983 said State, perc;onJ.lIy appeared } ~. before me, thc undersigned, a Notary Public in and for Lief G. Pedersen*** ~ . personally known to me or proved to me: on the basis of satisfactory evidence to be '" the pcrson_ whose name is subscribed to the within instrument and acknowledged that ~ exe~ cuted the same. WITNESS my hand and official seal. Signature /f)/ /l~;r'.r - % J~Z7hf ~ / -:.^V.........."'~ OffiCIAl. SEAL DIANE M. SITAR NOTARY PUBLIC. CAliFORNIA PRINCIPAl OFFICE IN SAN DIEGO COUNTY My Commission Exp. No, 8, 1985 'Schedule A .OT BOOK GUARANTEE No. MM 104613 A fhe assurances referred to on the face page are: That. according to the Company's property records relative to the following described real property (but without examin. ation of those Company records maintained and indexed by name): A. The last recorded instrument purporting to transfer title to said real property is: Doc. recorded In favor of 9-7-76 Doc. No. 291914 in Book Page Lief Gene Pedersen a nd Lynda M. Pedersen, husband and wife as joint tenants. B. There are no mortgages or deeds of trust which purport to affect said real property other than those shown below under Exceptions. No guarantee is made regarding (a) matters affecting the Beneficial Interest of any mortgage or Deed of Trust which may be shown herein as an exception or, (b) other matters which may affect any such mortgage or Deed of Trust. No guarantee is made regarding any liens, claims of lien. defects or encumbrances other than those specifically provided for .above. and. if infonnation was requested by reference to a street address. no guarantee is made that said real property is the same as said address. Exceptions: 1. A Deed of Trust in the amount of: $56,000.00 Trustor Lief Gene Pedersen and Lynda M. Pedersen, husband and wife as JT Trustee LJF Corporation Beneficiary La Jolla Federal Savings and Loan Association Recorded 9-21-76 Instrument No. 307695 Book Page 2. A Deed of Trust in the amount of: Trustor Trustee Beneficiary Recorded Instrument No. Book Page Additional matters (as requested): DESCRIPTION: Please see attached legal description ~-IISflJ U ~.;Ii.J (S-IJ}----I...L,A GU.:\f.:lrltCC r-JL.C ~'J'JC C )57<( Lot Book Guarantee 1:0037.50 LIability $100.00 (our Referenct:: Ref: C-1544 MM 104613 A ritle Insurance and Trust Company. a corporation, herein called the Company, Guarantees Inter City Engineers, Inc Attention: Deena Neal 7075 A Mission Gorge Road San Diego, CA 92020-8384 herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS ANO LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: 6-30-83 ~ 7:30 A.M. INTER-CITY ENGINEERS. INC. ::'4:r~~,",", Allesl: ~N>.~'" W~ . ~~ SECRETARY DY~@~DW~~! Jll - 8 1983 \U) Please note carefully the Liability Exclusions and Limitations and the specific assurances afforded by this guarantee. If Vou wish additional liability, or assurances other than as contained herein, please contact the Company for further infor" mation as to the availability and cost. I< -//rJD AT. NO. NN01056 o 234( TTlCA (11 -82) ENDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Attached to and forming a part of: 1. Commitment No. 2. Policy of Title Insurance No. or 3. GUARANTEE No. MM 104613 A WHEREAS, Title Insurance and Trust Company has changed its name to Ticor Title Insurance Company of California. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby amended to the name: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the docu- ment and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated as of the date of the document to which this endorsement is attached. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By "".."~~:~~":::~':':'%z-".."c ;~"''''_n.~:.....' '". .'.' : . ",;;'; "'7,"; ~ :,. ... ,.~.. ,r';.~, '-j .' 0 ?;z i ir~.f~:j' ,';/ :"''' ~ ~ -. l'~I.:;' """ .....- - ": <. .... .;." : I I _": ~:'1\ .",...,,,'1,/ !J:g ,....~... ~m...".r '.. ~.# .....L.Jl.J ~ .~:Jll ' .":\"'i....,,,.,,',...~ I,} \\\\ '''IJ:IIIIIIIII\\ President Attest Secretary Principal Office: 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles. California 90009 /(-//flU ., , ,~ ;',~ ~~:\:r~'" ,- t: .",. _ ,,<,::;;,:::,!.p:~.,7 :.:;.: :;.~..",~..~'..~ _._~. .-'-:........~ . .. ,. "'~~;'..; ".:;.:".".:.-.V.",~~ ....f'....;.....~~f . . '.,~~~:/~~:?~ ", ...:.:".,";' ........... .,,:~--'r. .' ~ '::. :. , .' ,~- ...' .....Q(mf:~:1~~e~t~l~w,"~~.iEC;fioM=~ Of,:: ".~~iWii?4'~~ .. .i" .."1t!tf:'~~tt>tPtT'fOF' SAfC.:OtEGOtSTA Teot-." CAL'IFORHUPACCjll.i)J~'TQ HAP }1lf..~' ~, 1f~, . .~.~ 1"6'e1~~OI;' IJY'10RltlLl,F ileo..., THE OFFICE ~. co...;rY,!'tC~oj;I{:,i.,,:,ft~ .~~~;~~ft~;s':~;k~~~:~~:.!~~~~~~ d:;~t;~!:;~~~0'i~~i~.4~:0~~~~;r~~~ >.... . :flt~"YHIT. ItQJI.~'ACCORI>I -.G. TO HAP'fHER E']FNO~ . 2139. FllEOo I ;'4"TrtE . OFFIC;E'.~J;,~~; " ." .~ttQ(J"TY. REtORDE": 01' SAN DI~GIJ COUNTY ..IJVE14aER 22. 1924. SAIl) CORNERt.'..f':':"'i?)~" ..;..U!(....AlSOTHE HqST USTERlY CORNER OF L4'1Q DESCRI8EO UI'IOEIt P'~CEC'l I,.j':~:.: '.J,;:".; .~OEeO; T.1 MARGARET\- H. IHLI4S .NO JOSEPtt H. <lILIIS. RECOROEO '1UCH 2. UfoS AS':; ',"" ,., ':.~tL~:.NO. 1~5q,.., THE 'ICE ALONG TttE SOIlTHEASTERlY LI'IE OF )-'IJ WILMS' UItO,.':.",',' .;.SotlTH 3Z.S4'00" WEST. 92.00 FEET TO THE '41ST EASTE~lY CORNEt( OF lAND .j;~, ':';"'~" j,:.:OESCRI8EO U"'DE~ PUCEL 1 1"1 DEEO TO EoJ,jAn H. CRA"IE. ~ECOR"E,) :.. '~':' :,": .;'; " j;.,NU: 2. 1960 AS FILE "'0. '101052: THE'ICE ALa"G THe "'ORTHEASTEiU.'i LINE OF. SAID ,..,. ,. . , . ~ :. .~: ,:. CAA..E'S L'1'40. 8EING AL)O THE SOUTI'I"ESTERLY lINE OF SAID WII..'4'S lAIfO,' . ,". .,j;' L'IC~nt 63.01'00.. WEST, 360.00 FEeT TO TtlE "nST .ESTERLY COR~E~ :JF SAID: ;;::t;,.~ " "tL.HS~ L.\~O: THE"IC., 'ALONG THE "I0ll.THO/ESTE'IL1 LINE OF SAIO Wll....S UNO, -?f. :':~3.,/ ;, "~.T+i.l6.5Y'00" EUT. 70.00 FEET TO AIi "'IGl.e POINT THEREI"', A'I:J THE uue'.:.....;'i-;..;\. .iI: ,o,..r. Of BeGINNING; THe"'CE REfKACllf~ SOUTH 26. 59'00. ticST, 7~~OO .Feer..'",;;: l:';.'i"~ ',-.THENCE CONfI'IUI~ UOPtG THE ItOItTHEASTEi\LY LINE OF 5410 C:U;"E'S LANI>.'" ,<~ "r~r:' ~'NOIUH U.Ol'OO.'WEsr. 11:).00 FEET ~ORE all.'LESS. TO THE ..ESTEII.":1' 80IjNOUY:~~,. ::Of"lANLI DESCRI8ED UNCER PAil.CEl 1 I'll OEE"> 11 J.~. 8U;lKHAH,.ETUX, :I\ECORDEO'''''' ""APRIL.: 11. 1~60 AS FILE NO. 14151. 9EI:'<I~ A POI",T HEt(EI'" REFER~EQ TO AS .oj: :~.POI"T .X.I THENC\:'UOPofG THE !lOU'IDARY 1F SAID I3U'IKHAil.P5 LA:-iD U FOLlOWSJ:: ;~. :' ~TH n.Zl'JO. IiEST TO THE IIE..I:oII'II'IC JF A TANGENT 160.JJ F01T RADIUS . '-'..' CURVE. CONCAVE SIJUTHwEHERLYI PtORTHE'ILY A'IJ 'IO~TH..ESTEkl.'i UIJNG SAID' '. ., CURtE. TH~JUGI1 II CE"ITUL A;<jGl~ JF 3~.J5'O)". A DISTANCE OF ~')).16 HETI . ::~~; >U~GEOjT TO SAIO CU~vE. ..aUtt 38021'JO" .>jEST. 5,..61 FEET. TO TI1E aEGI:>iP4IIfG.... .'. ;'/OF A TANGEi'lT 50~.OO FOOT RALlIUS CURvE. c)'iCAVe NORTHEASTERLYI ';""'.je.:::',...;.,.::;:. .,.;t.: "}/<IOATH'IIESTERLY ALO'lG S.&IO CURVE. THitO'JGri A CENTRAL ANGLE OF U.U.OO.. A"~ :C .....DISTAIICE OF 115.61 FEEt I TA~GErtt TO SAIO CU~VE, NO'ltl1 ZSOlZ'OO"..esT..: . ~:. ::;:,),19'~U FEET! ."'0 NORtH H059'15" EAST. 5}.H FeET TJ THE S<JUTI1>1ESTE.tLY'LINE >.:',: ..' ~ lOT. 50 IN "LOCK. "". OF SAID "'IIP ~O. 2lH; THE"'CE ALO"'G TI1E 15OiM..J4'tY OF ;:"y i'::.sAin:.-...p 'fO~ 2139 AS FOLLI)i4SI . SOUTH l'I.]9'OO" EAST. H.!;) fEEfI SWT". ";:.o);::,J.', :-;....n4)0. !:liST. l39.09 F'EET; SCuTI1 59-H'1J. UST. IO~.'') FEH; AMI> SOUTH',,}::,.;:' ,', .;,Q~U'"OO" EAST, T:). T1 FEET TO THE M1ST ..ESTEUY CORNU';)F .&."r 53. OF SAIO;..t.Y~:.....,...... ':<;:.,..u- ..O~ 21391 IHE~E SOUT'4ERLY IN A 5T;\.\I';I1T LINE TO THE J'KIIE PQI"T"OI':;:-~~.;~~. " ~'''a' rG I ~; .:. ,..-' ~ . ~. : ,,, ""'. .,,;. .... ,...~,-y..:,... ,,;.,~,',._" "~4,_:..",.-.<",,,:;......;..;.' / .."* _ I~~ Ht;.~.;....._.t'..--:.,..... ,., . ~......~:~..." ~':.:.~j'l-"'!..:~"7:.,....-~ ';..; ~~~:'ti.{:;.:~-';r.... ~!:7:'::~~:t\.~;_.~..z :.4'. ;- j~. 3,;;.:;'~' '"!'[... ,. - ,~ _ :..;~ :.-.< ~~~_ ":' ~ - .;;:~":~t_;.'.';'(:'.~~.:' /:~" .. ....~....,. ~...~,~.:,..J !::'l~::':.::t~ ,~..; ," , '. .\;.';.: . //,.J'.,~ _._' .' _h .'\ '~: -, . .... 'rio' - -. t,'; ~-t~':~' ~,~ "_:- .,1.... .,., .~ ~ " :;.:-; ''(:11, ~ t.. i . , r \ ~ ~. , . '" ..' 4~.~.._// r"" .- .' / " . .__r -". ----- ,R-II.r ./1) J Y-.f)U>L :tJ q (j I q 5 ::L SUBORDINATION AGREEMENT I FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deed of Trust described in Paragraph II, and as the owner and holder of the obligations thereby secured does hereby make subject -. and subordinate the liens thereof to the easement hereinafter described in Paragraph III, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under any foreclosure of said Deed of Trust. Beneficiary declares and acknowledges that it hereby inten- tionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deed of Trust described in Paragraph II upon the land described therein in favor of the easement described in Paragraph III to which the Deed of Trust described in Paragraph II is hereby subject and subordinate as above provided; and that it understands.that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquish- ment and subordination. II A Deed of Trust dated amount of $ 88,100.00 JAMES T. DAGLAS and DEBBIE DAGLAS March 4, 1976 in the , executed by A-//S-3o . as Trustors, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation , as Trustee, in favor of HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation as Beneficiary, was recorded March 30, 1976 , in the Office of the County Recorder of San Diego County as File No. 76-091751 ; said deed o~ trust was assumed by an unrecorded agree- ment executed concurrently with a grant deed transferring title in the land to Gloria Aispuro Aristequi, a married woman as her sole and separate property recorded Ill: May 12, 1983 as File No. 83-140900 THE EASEMENT: A sewer easement more particularly described in Exhibit "A" attached hereto and made a part hereof. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation, Trustee /LAd1'/~ BY: BY: ~bert L. Knaus , Assistant Vice {~.(-'-'-f.~" "..I Frank S. Clemons, Assistant Vice President President HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation, Beneficiary /(A.kYt/~- BY: BY: iro:e::i;' ~ ~:s.~~:tJ Vice President Frank S. Clemons, Assistant Vice President ~T NO. NNQ0737 ) 1945 CA (7-82) :orporation) ~TITlErNSURANce AND TRUST STATE OF CALIFORNIA } 10UNTY OF San Diego SS. e" December 19. 1983 before me, the id State, personally appeared Robert L. Knaus personally known to me Of proved to me on the basis of sat.jsf~ct.ory evidence to be the rerson who executed the wIthm Instrument as the ASsIstant Vice President, and Fr:1nk S Cl pmon~ personally known to me or proved to me on the basis of satisfactory evidence to be rge j:,=rsgn whevt;xecuifd th~ within instrument as the S lS ant lce r~jUIt!:'R~-of_tI1e Corporation that executed the within. instrument and acknowledged o me that such corporatIOn executed the within instru. cnt pursuant to its by-laws or a resolution of its oard of directors. ITNESS my hand and official seal. ignature1'..ufitlC rj1 ~ A nCOR COMPANY undersigned, a Notary Public in and for :;-",.........I'.~~ ~J _"'-~/. 0 J ,/' ~,\"'\;;~...~..... FFlCIAL s;'.....AL ~ i.~....:;~~?-~t\ JU DITH 1\ C"UZ II '.... . \ '.-" I . ~, S '1\'C~..7::~\'?;y.~;_'(-~'/~I~ N~H:',~r r'UBI JC . C..~U:::D~IA l \;:~ P;;:'~~IFIIl i'fFICE IN S SA~ D:EGO CGUrlTY ~"",,:..:~i~s~on Expires '/.arch 9. 1m --~- ----~- ~ I -- ---_'"'.N (This area for official notarial seal) 1l-llr,J> ."" ,', """t"" ';' ~',jf : .1 i ","j ~"'d,I,,',;'I<~"~' ..... ;", ,i~~:'..1 ".,. i ""';'. .,',_, . . ". ~,: I', 'I . _; ..".". .. I' ~ ~ "':1:;."'" ,..(, ., I......~.. "",'t." ,,,:,. ,', 1-'1"" 1;- ,. 'I'~"'t' -I" ." , " I' ! , '" , ! I . 'I. ,,;,~:;, .:GiOO~T ot,EJI.SEMEN'l' FOR SEI'7ER PURPO S,:", "",,"." '''~ ...!.' FO~'~'~~~' :B~E:'~ N~I~~~;~ON, receipt ~~'~~iCh: J~ he~;~;~li~'i ~edged, the un~ersigned do/does hereby grant tell the qity of!C;h~l~1 ~ista, in the e C:ounty pf San Diego, State of ca:L~forniJa. ' an"~,.$4~ ~nd right of w~y for'l_and the rig~t to constru , ma~';ntain; iQP~t~; ~eplace, removi' or ,eplarge a san1.tary sewer app rtenat1.:tf:: I,:;: I, !sturctures in" lupon,' lover and across that cert n re 1 prop. ~rt~r::!. f ;situ~ted in th~ C01;1n~y of San Diego, State of lifo~~ia, !-I)-~;I\IO; ,rart1.CUlarlY d scr1.b d as follows: fl ,+,'1 i "":I:j ,I.. I' " ''''''I' . .14 ' 1,1 . 'I . . ", 'j ,: :~ t: :: i i: ',Se . attached EXHIBITS "A fI " fiB fI I ' (:ii::!,:i1 '1" i,:,J! >.1 ' I', '; " i I I ,"'j1 1',1111,1: ~ j ! 'I . : ~, : ..' :1 i ' :. I: ! 11 i Ii: I', II }, .1 "I' >1'11 jl I I' : '1'1!: 'I j';'i' I::!tl \ . (:1 .ITOgethe~ with' he ri'9ht to enter upon and to p ssaJ repj~J:~k~~ U!: ia10ng said easement and right of way and to de osit '~OOlS~:'iihiP~e' . 'and other mate'ials:ihereon by said City of Ch la vista, its.: p ~' 'agents, and. em loye$.~ and by any contractor, h 5 agentsanCj'~ 'il' engaged by sai City1'. whenever and wherever ne essart for'.:th. le.:.u.'.....'''. above set fort. ,. ' . . I: ..... 1 .., "il!~ .R It is understo d andjagreed by the parties herito tht't thei~r'~~~ !l shall indemnify and hold the Grantor harmless 'gains all 'c;lia:i%::s:l .,1 da~a'le or sui1;~.for loss, .including costs and ttorn X's ~e..~s.i. .:.::.11 .11 ar1.S1.ng from 1.I;IJury 10 any perso~ (s) or proper,Y or ~7fe, ,.caus,ed:. 1.1'1 or resulting ffom ac s',. or orniss1.ons by the Grl'1-ntee,li1.ts sudcesso, ii, or assigns, aris~ng,; ~orn ~he constructio~, op';lfation! or ~ain.teJna.', li'l of the aforcment1.onesan1.tary se~ler or 1.n U51.[g, opbrat1.ng :OJ:; .",1 I: J ~raveling over I the Itnd \1i thin the hereinbefor descF ibed,.Gr..1a. ,9t :""'.: I:. ~'.: Basement., I' . I' I,: 1;:11' I'l It is further: nderstood and agreed by the par ies hbreto ,tha~ ,:i Ii,!!, aforementioned sanitf' ry sewe. rand appurtenance$ there. to slia.ll 'be.! ki.I!..., i constructed, paced. r laid below the grade ofl'I'naturfil ground.!::1 Ii i,l. "1 '.., /'7-f1 I 1"'1" !'I :" 'fl'iand this J,' I ~"day Q' , .. t I' ,:. I ill . -:--' I . i i ' I I I ./ f r . i t , ,i ,I I I. ;,\ i i- .' I' ~ \ i WITt.lESS I, I . ... . ' ,.. WOTE:: Attach otaryacknowledge- men t he e. i . j , ~ . , ,t 'r, I . '! " PW-E-5l 1 ! . , I I .. ,~~ I [ . , ! I: , \ " m , ; '-. ~i .I': II 11.- I. I " II , .. ~ c, <, Q' E o \.) !!' ,:: c ~ .g ~ E .. I STATE OF CALlFORNI~['1 r ,1,,, 155, COUNTY OF _ n ""'-I.L.~I, I 1'7' ':) r7 -",- On _ _!._L: '- \ - ,-J _~_~_ _ before me the undersIgned. a Notary Public In and lor saldState,personC\tlY~Pl?eared----r-X2-}~~(jT) ~ticJ[.Ll () --~ ~ --- _ _ LChb lL""k-!A':fLH ' ---~._----,._- i' ;;: " ~ " " 'C c N "'. ~ o ~ personalty known to me (or proved to me on the basis of satis- factory eVidence) to be the person(s~ whose nametsj Is/are sub- ~ sc"bed to the w,th,n 'nst,ument and acknowledged to me that [~1~C:?' 0', "U::IAL S2:AL he/she/lheyexe(:uled the same jj 1,'-:::'- T,~ !~J M TUIAO ~ \; ,~- i: ~JOT'-\::i"..-' ~LIC - C:'U':-ORNJA WITNESS my hand and official seat. ' '- '~3' M s.^.rJ or~Gf) COI1:!TY ~ '" y .com~. expires MAR 1, 1985 Sign"ure 10. m; 111, 1 u...i:...(CO (This a,ea fO'~fficial not.,ial seal) R-IITJD " " GnALTT OF EJI.SEMEN'i' FO? SEHER PURP()SES FOR A VALUABLE CONSIDERATION, receipt cf which is hereby acknow- ledged, tile undersigned. do/does hereby grant to t:,e City of Chula Vista, in the County of San D~ego, State of California, an easement and rigllt of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows, See attached EXHIBITS "A" & "E" Together with the right to enter upon and to pass and repass over and along said ease~ent and right of way and to deposit tools, implements and other materials thereon ~y said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes. above set forth. , It is understood and agreed by the parties hereto that the Grantee shall inde~~ify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the construction, operation or maintenace of the aforementioned sanitary sewer or in using, operating or traveling over the land within the hereinbefore described Grant of Basement. It is further understood and agreed by the parties hereto that the aforementio~~d sanitary sewer and app~rtenances thereto shall be constructed, placed or laid below t11e grQde of natural ground. " ,nand this 20th day. of S~ptember 19 83 IH7:!I:SS NO'i'E" Attach notary acknowledge- ment here. ~d{ tJ~~~_iI ~ . Gloria Aispu 0 Aristegui PW-E-5l /l,.-/I S- J tJ ) ~i; ~~~e.~~ ..:.:::~~~~:~ ~~.:::. ~ ~7:"~~:;'~ == =- -::-~ California On this the 20th day of September 19~,beforeme, } 55. State of County of Srrn ]1iego to' 1 .,~~ ~~ -~_._',....~.,.,:~~ OFFICi.\L SEAL B A GONZALEZ NOTARY PU(JlIC - CALIFORNIA SAN DIEGO COUNTY My carom. exptres JUl 19, 1985 the undersigned Notary Public. personally appeared GLORIA AISPIJRO ARISTEGUI is subscribed she known to me to be the person(s) whose name(s) to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and ~ ~ ~- )' official seal. fl. d ::..J"""-=......~~~'*.....;..>".;..v-..Y.J'""____~......~?___ ~~~-=--=== GENERAl ACKNOWLEDCEMENT FORM ::: ::: :: : :-~ : :: i(-IIS-JO ) 530.'" (4.74) California land Title Association Guarantee form No. 12 .. Schedule A OT BOOK GUARANTEE No. MM 104613 C he assurances referred to on the face page are: hat. according to the Company's property records relative to the following described real property (but without examin. tion of those Company records maintained and indexed by name): .. The last recorded instrument purporting to transfer title to said real property is: 140900 Doc. No.140899 &/ in Book 5-12-82 Page >ce. recorded n favor of Gloria Aispuro Aristegui, a married woman, as her sole and separate property I. There are no mortgages or deeds of trust which purport to affect said real property other than those shown below under ;xceptions. ~o guarantee is made regarding (a) matters affecting the Beneficial Interest of any mortgage or Deed of Trust which may ,e shown herein as an exception or. {b} other matters which may affect any such mortgage or Deed of Trust. No guarantee S made regarding any liens. claims of lien. defects or encumbrances other than those specifically provided for above. and. f information was requested by reference to a street address. no guarantee is made that said real property is the same as :;aid address. :.xceptions: I. A Deed of Trust in the amount of: $88,100.00 frustor James T. Daglas and Debbie Dag1as, husband and wife as joint tnts frustee Home Federal Savings and Loan Association Beneficiary Home Federal Savings and Loan Association Recorded 3-30-76 Instrument No. 91751 Book 2. A Deed of Trust in the amount of: $112,300.00 frustor Gloria Aispuro Aristegui, a married woman, as frustee Western Mutual Corporation Beneficiary James T. Daglas and Debbie Dag1as, husband and wife as joint tnts. Recorded 5-12-82 Instrument No. 140901 Book Page Page separate ppty. hier sole and/ Additional matters (as requested): DESCRIPTlDN: Please see attached legal description I(-I/S- Ii) IT. NO. N.N01056 >.2344 TTICA C11-82} ~ ENDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Attached to and forming a part of: 1. Commitment No. 2. Policy of Title Insurance No. or 3. GUARANTEE No. MM 104613 C WHEREAS, Title Insurance and Trust Company has changed its name to Ticor Title Insurance Company of California. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby amended to the name: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the docu- ment and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated as of the date of the document to which this endorsement is attached. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By ",,"'i~~~':c~~::'::%z-""" .~, ....... ..\ _",i rm;:o;;; ,0 =2: :E~'...-:!~\ ;;::. (;\, ~jJ.J )~i -~. ~ .--- ;~\ I .'\.rt"\".~g_ ".~ "'u..J~ .~ v:Jll ""\,,,~\,,'I." "1/1'''''''11I11\\\\\''\\ President Attest Secretary /l.~IIS);) Principal Office: 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles, California 90009 No. NN00133 >>30 (8-79)-cLTA Gnrantee Face P.ge (~ IPP/ Lot Book Guarantee Ibility JO.OO I~ee 37.50 Jr Referenct:' Ref: C-1544 MM 104613 C Ie Insurance and Trust Company. a corporation. herein called the Company, Guarantees 1tercity Engineers, Inc "ention: Deena Neal 75 A Mission Gorge Road 1 Diego, CA 92120-8384 rein called the Assured. against actual loss not exceeding the liability amount stated above which the Assured shall stain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule or with respect to the validity, legal effect or priority of any matter shown therein. . The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of ,Iiance upon the assurances herein set forth. but in no event shall the Company's liability exceed the liability amount H forth above. ,ted: 6-30-83 @ 7:30 A.M. urn@~O\Yl~rm .Al - 8 1003 ~ INTER-CITY ENGINEERS. INC. __""-..........~"~'-,..-.> '...."n T"'f1';';< ;.~.!.:~ompanY "1 OJ' . >- :. ESlDENT Alltsl: ~~~:-W ~ . ~'- SECRETARY A-//.rJU lease note carefully the Liability Exclusions and Limitations and the specific assurances afforded by this guarantee. If au wish additional liability, or assurances other than as contained herein, please contact the Company for further infor- lation 8S to the availabilitv and cost. .. EXKlIIT -Aft 1804 'DeIL i. 1'h..r ,.Nloa .1 th_ E..url, laU of QuaneI' "cUo. u or aa.cho n. 1.a "cioa, ... De Couat1 of au l)hIO. Suta of eaUrOt1t.l.a. aceorUft' to ....p thereof .. 166. .... lIT Morrell. fil.. 1& the office of the Count, &ecord.r of Sa. Dialo CouarJ. .., 11. I"'. ...crlbe4 .. follGWat c:c-.a.clq at It.. ."n Southerl, conn .r Lot 56 1ft 11oc:k .... of IOIInt atu.s UlIt ... 1. accorll1D.1 to Ma, thereof JIo 21.39, flled 1D tlM. ofUce of tM. eoc.tJ &ec.nar .t I.e. Dhp C4w1tJ'. ........ 21, un, ..U conftr bela, aho rJ.. .,n t..tu!, COrMl' .r 1&D4 4..cr1bed b D..d to Buo14 I. ratuI et all record" 'abnaltJ' 11. 1'34, Sa Aook 5138, ,a.o 217 of official reeD,..; the.c. _IOGa tb4 South...tarl, 11... of ~ T.~' 1.aaII. South 3Z'S4'OO" 1Nn. 191.00 rHe to the .,at Southerly coner of l.M HKrilterd ~.r r.rcet 1 iD .... to tdvar. K. Crana. "corda. ~1 2. 1960. .. fl1_ JO. to4SS%. ead tbe True Polet of "SlDA1b&. tbrDCD olDDa tho SouthWesterly ,roloalAtioa or tM Southu..tnly 11... of Ml.d Craie'. 1&Dd. coatiDyb. 5ot.Ith 3r,S4'OO" Weat, 100.00 f..t ~o tbe .oat Ioutherly coraer of 1aad d.aCftba4 UDd~t p.rcat 1 ta .... to J.K. ~rkhart, .t al, recorded Aprtl 11. l'~ .. f11a Jo. 141$1 of Offt~i.l "corda. thene. oloaa t" kUDd.ary of ad' lurkhart'. laM .a follova: lorth ".01'00" v..t. 173.00 'Me. ad<< or 1.... to aQ ARlI. paioe tbareto; South 31-2")0" w..t, 20.00 f..t. ~r. Or 1.... to .. aaala pobst tMrdai IIorth 6].01'00" w..t, 117.00 faat CD .. ..,.. poiDt. tNn:l.a. ...t8.& abo a poiAt heralD refuT.d to .. polot -r':: I&orth 58'~)'OO" V..t. 4.20 (Mt to tbe "llaQ1aa of . LaGlaat 29.10 (oot r.di~ cu~a. concava ta.tarl,: lerth.rly 8100& ..1. eurva, tbroul~ a caatr.l aD.l. of 90.00'00". . .tatanc. of ".11 f..e to the ..,Laale. et . nftr.. 110.00 foot rdtua curv.. CODe."'. Wuurl:r; aad Iiottherly alOQI ..14 cu.n. to . Ita. whicb "ar. 'orcb 63.01'00. V..t ft.- the true Point of 1e.1aotoa; th~. Ioutb 63.01'00" ta.t, 407.00 f..t, ~r. or 1.... to the true 'olot of a.,inntal. ...__ A. ---- .._.._..______-..Jo _._. _,-,_3110'" --.--. ---.- _A ___-" . ,f -1/,niJ THAT POIlTlON OF TIlE EASTERLY HALF OF QUARTER SECTION ~6 OF IlANCHO DE lA NACION, IN THE COUNTY OF SA"! DIEGO, STATE OF CALlFOIlNI~ AC- CORDING TO MAP THEREOF NO. 166, MADE BY MORRILL. FILED IN THE OF- ~ICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DES- CRIBED AS FOLLOWS: COMf".ENCING AT THE MOST SOUTHERLY CORNER OF LOT 56 IN BLOCK "II" OF BONITA HilLS UNIT NO. 1, ACCOROING TO MAP THEREOF NO. 2139, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1928, SAID CO~NER BEING ALSO THE MOST EASTERLY CORNER OF LAND DESr.RIBED UNDER PARCEL 1 IN DEED TO MARGARET H. WILMS AND JOSEPH H. WILMS, RECORDED MARCH 2, 1965 AS FILE NO. 36S9~; THENCE ALONG THE SOUTHEASTERLY LINE OF SAIO WILMS' LAND, SOUTH 32.S~'OO" WEST, 92.00 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 IN DEED TO EDWARD H. CRANE, RECORDED MAY 2, 1960 AS FILE NO. 90~52 AND THE TIlUE POINT OF BEGINNING; THENCE ALONG THE BOUN~ DAln OF SAI D CRANE'S LAND AS FOLLOWS: CO~T I NUING SOUTH 3205~' 00" WEST, 100.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTH E3.01'OO" WEST, ~07.00 FEET. MORE OR LESS, TO THE WESTERLY Bour~DARY OF LAND DESCRIBEO UNDER PARCEl 1 IN DEED TO J.M. BURKHART. ET UX. IlECORDED APIlIL 11. 1960 AS FILE NO. 7~151, BEING A POINT HEREIN REFERREO TO AS POINT "X"; THENCE "!ORTlIEIlLY ALONG SAID WEST- ERLY BOUNDARY TO THE HOST NORTHERLY COIlNER OF SAIO CRANE'S LAND, Bt:ING A POINT ON A LI"!E WHICt, BEARS NORTH 63001'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF SAID CRANE'S LAND, SOUTH 63001'00" EAST, ~70.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. I I ! ! I I . .' --.. --- j --.- -.-.- ----.-.-- _..-- - ----. ._. A'-//J'"'~ t. No. NN00133 ) 530 (8.79)-CLTA Guarantee Face Page ( c. /,P.I'I ( Lot Book Guarantee iabdlty 100.00 Ref: C-l544 IFee $ 37.50 MM 104613 B our Referenctl' itle Insurance and Trust Company. a corporation. herein called the Company. Guarantees [nter City Engineers, Inc ~ttention: Deena Neal 7075 A Mission Gorge Road 5an Diego, CA 92120-8384 erein called the Assured. against actual loss not exceeding the liability amount stated above which the Assured shall ustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS . No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule lor with respect to the validity. legal effect or priority of any matter shown therein. ~. The Company's liability hereunder shall be limited to the amollnt of actllal loss sustained by the Assllred becallse of eliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount ;et forth above. lated: 6-30-83 @ 7:30 A.M. D @:@@:O\YJ@:~\ Jl - 8 9r3 \UJ INTER-erN ENGINEERS. INC. . ::"fl '"~~,~"' Allnt: ~ N>n~ W ~ . ~~ SECRETARY ,-/IJ1j) 'lease note carefully the Liability Exclusions and Limitations and the specific assurances afforded by this guarantee. If au wish additional liability. or assurances other than as contained herein. please contact the Company for further infor- ,ation 8S to the availabilitv and cost. : -,..-0 Iv ,~ , ,J _. ' "j," " ~':> " " Lot Book Guarantee Llabll ity $100,00 I:e" 50.00 Your Referenc<: Update Old MM 104613 B ....-1544 MM 104613 D Title Insurance and Trust Company. a corporation, herein called the Company, Guarantees Inter City Engineers, Inc Attn: Deena Neal 7075 M Mission Gorge Road San Diego, CA 92120-8384 herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of rei iance upon the assurances herei n set forth. but in no event sha II the Company's Ii abi I i ty exceed the \ iabi I i ty amount set forth above. Dated: 10-13-83 @ 7:30 A.M. ~:'F .~~'"'" Allert: :+ir-n,Oh W ~ . ~- SECRETARY Please note carefully the Liability Exclusions and Limitations and the spe:'f-;C assurances af~--e~':!,antee. If you wish additional liability, or assurances other than as contained herein. please contact the Company for further infor- mation as to the availabilitv and cost. /' A. -I/;'Yo ,.,) Schedule A LOT BOOK GUARANTEE No. MM 104613 D The assurances referred to on the face page are: That. according to the Company's property records relative to the following described real property (but without examin. ation of those Company records maintained and indexed by name): A. The last recorded instrument purporting to transfer title to said real property is: Doc. recorded In favor of 2-6-78 Doc. No. 48154 in Book Page Mary Kaye, James Walters, James Gatsis, and James Daglas B. There are no mortgages or deeds of trust which purport to affect said real property other than those shown below under Exceptions. No guarantee is made regarding (a) matters affecting the Beneficial Interest of any mortgage or Deed of Trust which may be shown herein as an exception or, (b) other matters which may affect any such mortgage or Deed of Trust. No guarantee is made regarding any liens, claims of lien. defects or encumbrances other than those specifically provided for above. and. if infonnation was requested by reference to a street address. no guarantee is made that said real property is the same as said address. Exceptions: 1. A Deed of Trust in the amount of: $1,409,407.00 Trustor Mary Kaye, James Walters and James Gatsis and James Daglas and ** Trustee California General Mortgage Company Beneficiary Great American Federal Savings and Loan Association Recorded 10-12-83 Instrument No. 366490 Book Page 2. A Deed of Trust in the amount of: Trustor Trustee Beneficiary Recorded Instrument No. Book Page Additional matters (as requested): ** Debbie Daglas. DESCRIPTION: Please see attached legal description /l-//r,i) "-._~ ~...:ft1!:.-<-1'?_ ''i THAT PORTION OF THE EASTERLY HALF OF QUARTER SECTION ~6 OF RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIAy AC- CORO(~G TO MAP THEREOF tW. 166, MADE [:Y MORRILL, FILED III THE OF- F-I CE OF THE. COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DES- CRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 56 IN BLOCK "B" OF BONITA HILLS UNIT NO.1, ACCORDING TO MAP THEREOF NO. 2139, FILED IN THE OFFICE OF TIlE COU~TY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1928, SAID CORNER BEING ALSO THE /',OST EASTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 IN DEED TO MARGARET H. WILMS AND JOSEPH H. WILMS, RECORDED MARCH 2, 1965 AS FILE NO. 3659~; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID WILMS' LAND, SOUTH 3205~'00" WEST, Q2.00 FEET TO THE MOST E~STERLY CORNER OF LAND DESCRIBED UNDER ~ARCEL 1 IN DEED TO EDWARD H. CRANE, RECORDEO MAY 2, 1960 AS FILE ~O. 90"52 AND THE TRUE POINT OF BEGIN~ING; THENCE ALONG THE BDUN- DARY OF SAID CRANE'S LMW AS FOLLOWS: CO~T(NUING SOUTH 3205"'00" WEST, 100.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND ~ORTH 63"01'00" WEST, ~07.00 FEET, MORE OR LESS, TO THE WESTERLY BOUIWARY DF LAND DESCRIBED UNDER PARCEL 1 ItJ DEED TO J.M. BURKHART, ET UX, RECORDED APRIL 11, 1960 AS FILE NO. 7~151, BEING A POINT HEREIN REFERRED TO AS POINT "X"; THENCE NORTHERLY ALONG SAID WEST- ERLY BOUNDARY TO THE MOST NORTHERLY CORNER OF SAID CRANE'S LAND, I>EING A POINT ON A LINE WHICH BEARS NORTH 63001'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALDNG THE NORTHEASTERLY LINE OF SAID CRANE'S LAND, SOUTH 63001'00" EAST, ~70.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. /l-I/.rI,) J ! i j I j ! THAT PORTION or TltE EASTERLY HALF OF QUARTER SECTION ~6 OF RANCHO DE LA NACION, IN TIlE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AC- CDROP:G TO MAP THEREOF tWo 166, MADE E;Y HORRILL, FILED III THEY OF- F.I CE OF THE COUNTY RECORDER OF SAN DIEGO COurny, HAY 11, 1869, DES- CRIBED AS FOLLOWS: ~ , .' ~ COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 56 IN BLOCK "B" OF BONITA HILLS UNIT No.1, ACCORDING TO MAP THEREOF NO. 2139, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1928, SAID CORNER BEING ALSO THE I',OST EASTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 IN DEED TO MARGARET H. WILMS AND JOSEPH H. WILMS, RECORDED MARCH 2, 1965 AS FILE NO. 3659~; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID WILMS' LAND, SOUTH 320511'00" WEST, Q2.00 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED UNDER ~ARCEL 1 IN DEED TO EDWARD H. CRANE, RECORDED MAY 2, 1960 AS FILE NO. 90~52 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUN- DARY OF SAID CRANE'S LArW AS FOLLOWS: CO'lTINUING SOUTH 3205~'00" WEST, 10~.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTrl 63001'00" WEST, ~07.00 FEET, MORE OR LESS, TO THE WESTERLY BOUNDARY OF LAND DESCRIBED UNOER PARCEL 1 IN DEED TO J.M. BURKHART, ET UX, RECORDED APRIL 11, 1960 AS FILE NO. 7~151, BEING A POINT HEREIN REFERRED TO AS POINT "X"; THENCE NORTHERLY ALONG SAID WEST- ERLY BOUNDARY TO THE MOST NORTHERLY CORNER OF SAID CRANE'S LAND, B-EING A POINT ON A LINE WHICH BEARS NORTH 63001'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF SAID CRANE'S LAND, SOUTH 63001'00" EAST, 470.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. de . j; ~ 'I !i ~ ~1 .. !1 ~ I. L , .. i: r " ; r I, I ; r . . ~ E "'-/~rll) . ~.----. 1 ~.', '- "",,1_. :AT. NO. NN01056 ro ::-:44 TTlCA (t 1-82) .t ,". , ENDORSEMENT ISSUED BY TlCOR TITLE INSURANCE COMPANY OF CALIFORNIA Attached to and forming a part of: 1. Commitment No. 2. Policy of Title Insurance No. or 3. GUARANTEE MM No. 104613 D WHEREAS,"Title Insurance and Trust Company has changed its name to Ticor Title Insurance Company of California. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby amended to the name: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the docu- ment and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated as of the date of the document to which this endorsement is attached. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ,."."..", By ~....~~ ,;": ~" " W~ '1\", . " President Attest Secretary ~ -//rlD .,_.., , - . GP-AIIT OF EJI.SE!1ENT FOR SEHER PURPOSES ' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, tile undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: , See attached EXHIBITS "A" & "B" ~ Together with the right to enter upon and to pass and repass over and along said easement and right of way anc to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes, above set forth. , It is understood and agreed by the parties hereto that the Grantee shall inde~~ify and ho:d the Gr~ntor harm:ess against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) or property or life, caused by or resulting fro~ acts, or oD~ssions by the Grantee, its successors or assigns, arising from the constr~ct~on, operation or maintenace of the aforementioned sanitary sewer or in using, operating or traveling over the land vithin the ~ereinbefore described Grant of , };asemen t. It is further understood and agreed by the parties hereto that the aforemen~~oned sanitary sewer and aD~~~r~enances thereto shal: be construct.cd, placed or laid be2.o~,.; ~:'.C! rj':'::'ac.e of natural ground. IVIT:II:S S ,- '.: nand this 31st day of - AuqustJ ~/]'" L// , /) fJft/-^, /';C:bv~ '. I \ ' / 19 83 PW-E-51 OJjl<<!JA /<-I/fIIJ r- - IWTE:: Attach notary acknowledge- ment here. " ~ Q. ~ 0; " ~ :2 > ~ .>i. :i N 'I' IX> -> 0> !E- O> '" a. .... .. '" -~ .:, (J) <( () .- 0; " ~ ~ ~ .>i. :i ~ <<> > 4> !E- .. '" a. .... ~ '" 0; .:, <( () ) SS On this the _____3_1s_t day 01 _ August Notary Public in and for said County and State, personally appeared Ma ry STATE OF CALI FORN IA COUNTY OF San Diego -------------------------- -------------------------- ----------.-------- ~ - - - - - :'_=- - -:-=-_-:-:-:: - - - - - - - - - - . personally known to me or proved to me on the basis of satisfactory evidence to be the person S whose nameS a ~scribed to the within instrument nowledged t~ ~~ ~xecuted t~a~e art . ~~ature of Notary ... @1 ~~~R~g - Kaye 1983 ,before me the undersigned, a and ,James Dag1as----- FOR NOTARY SEAL OR STAMP !~--~..~---- ~"'--;7"_ " . ~ ,- , .~~\ -,.- } I I I i ~-.-._~~- '~~~~I ,{ , , i~,_:;:'_~~~,..____ !'v':s :~:TNE:~~ALlF~:~IA DIEG() _____) SS. On this the ._3_1.s t ________________ __m___ day 01 August Notary Public in and for said County and State, personally appeared J AME S PEMETRIUS GATSIS------~--. ----------------------- _______________ . personally known ta me or proved to me on the basis of satisfactory evidence to be the person ~,~ .__ whose nameS a ~scribed to the within instrument and acknowledged that the Q'xecuted the same. ~'u:..id.J R fi3)JL(W- Teresa R. R~I!iI1eoINotary 1983 ,before me the undersigned. a WALTERS AND FOR NOTARY SEAL OR STAMP _._~~ _ A OFFICIAL SEAL TERESA R. ROMERO NOTARY f'Ue~IC - C\lIfCRNIA Schedule A LOT BOOK GUARANTEE No. MM 104613 B The assurances referred to on the face page are: That. according to the Company's property records relative to the following described real property (but without examin- ation of those Company records maintained and indexed by name): A. The last recorded instrument purporting to transfer title to said real property is: Doc. recorded In favor of 2-6-78 Doc. No. 48154 in Book Page Mary Kaye, James Walters, James Gatsis, and James Daglas B. There are no mortgages or deeds of trust which purpOI! to affect said real property other than those shown below under Exceptions. No guarantee is made regarding (a) matters affecting the Beneficial Interest of any mortgage or Deed of Trust which may be shown herein as an exception or. (b) other matters which may affect any such mortgage or Deed of Trust. No guarantee is made regarding any liens. claims of lien. defects or encumbrances other than those specifically provided for above. and. if information was requested by reference to a street address. no guarantee is made that said real property is the same as said address. Exceptions: 1. A Deed of Trust in the amount of: $45,000 _ 00 Trustor Mary Kaye, James Walters, Trustee The Bank of San Diego Beneficiary The Bank of San Diego Recorded 2-11-83 Instrument No. 2. A Deed of Trust in the amount of: Trustor Trustee Beneficiary Recorded Instrument No. James Gatsis, and James Daglas, ** 46260 Book Page Book Page Additional matters (as requested): ** Becky J. Walters. and Debbie Daglas_ DESCRI PTI ON: Please see attached legal description 1(-//.rIO AT. NO. NN01056 o 2344 TTICA (11 821 ENDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Attached to and forming a part of: 1. Commitment No. 2. Policy of Title Insurance No. or 3. GUARANTEE MM 104613 B No. WHEREAS, Title Insurance and Trust Company has changed its name to Ticor Title Insurance Company of California. NOW, THEREFORE, wherever in the commitment, policy, or other document to which this endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby amended to the name: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA This endorsement is made a part of the commitment, policy, or other document to which it is attached and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the document and prior endorsements, if any, nor does it extend the effective date of the docu- ment and prior endorsements, if any, nor does it increase the face amount of liability thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated as of the date of the document to which this endorsement is attached. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By \,~\\\\'I\!~lfllll,!,., .",..."..ry""%;e" "..,....-~ " ...... ." '-.- "~ ....... ..... ~ i ::} ! ,l'~~:~1."?~ .:,"1 ~=, tJr:1H!1 ,~~ ~e ':, \ r;~='~/Y i? 'j ~~.... ;.~~ f'C'\ .."~'. . ..# .. L.X...J ~ .".)/! .,.~\<. .,." f.'ll' . ,\\~. .1I111I1I1I1"ll President Attest Secretary Principal Office: 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles, California 90009 Il-IIJJO :at. No. NNOOIJJ ra 530 (B-79)--cLTA Guarantee Face Page , . A duiJ ((FI/II c! 7 /(i;nf--.JI'J Lot BOuK Guarantee Ref: C-1544 1:08 37.50 MM 104613 liabi Iltv $100.00 Your ReferenCe Title Insurance and Trust Company. a corporation. herein called the Company. Guarantees Inter City Engineers, Inc. Attn: Deena Neal 7075 A Mission Gorge Road San Diego, CA 92120-8384 herein called the Assured. against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity. legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liabi lity amount set forth above. 6-28-83 Dated: @ 7:30 A.M. ~ 1'J> JJd ~ oll) '\ .bJ "JJW ()J rrn l' (}mf~;. J ;y1 JJ1 C~ ~ r=:';I~" INTER-CITY ENGINEERS. INC. ,,' :"f1 ":;;~"'"' AlleJI:~N>n... W~ .~.... SECRETARY Please note carefully the Liability Exclusions and Limitations and the specific assurances afforded by this guarantee. If you wish additional liability. or assurances other than as contained herein. lease contact the Company for further infor- mation as to the availabilit and cost. SUBORDINATION AGREEMENT I FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deed of Trust described in Paragraph II, and as the owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the easement hereinafter described in Paragraph III, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under any foreclosure of said Deed of Trust. Beneficiary declares and acknowledges that it hereby inten- tionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deed of Trust described in Paragraph II upon the land described therein in favor of the easement described in Paragraph III to which the Deed of Trust described in Paragraph II is hereby subject and subordinate as above provided; and that it understands that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquish- ment and subordination. II A Deed of Trust dated September 30, 1983 in the amount of $ 1,409,407.00 , executed by MARY KAYE JANES WALTERS, JAMES GATSIS, JAMES DAGLAS and DEBBIE DAGLAS ~ -//S-3o as Trustors, CALIFORNIA GENERAL MORTGAGE SERVICE, INC., a - California corporation , as Trustee, in favor of GREAT AMERICAN FEDERAL SAVINGS Atm'LOAN ASSOCIATION, a corporation as Beneficiary, was recorded Office of the County Recorder of San Diego County as File No. 83-366490 october 12, 1983 , in the III in Exhibit "A" attached hereto and made a part hereof. THE EASEMENT: A sewer easement more particularly described CALIFORNIA GENERAL MORTGAGE SERVICE, INC., a California corporation, Trustee BY: BY: GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Beneficiary BY: ~~ ') I,^-- c- O-~ Michael J. McCrea, Assist. Vice Pres. ~l~'Lb,Z---Ck --Lit b0-tJ4/C~ Barbara S.K. Noonan, Assist. Vice Pres BY: STATE OF CI\I;'''''''''''''' . ! COUNTY OF a"::rr"rn~a :! - '" _15.5. m SAFECO .!! ! On this the 3rd daYOI_November 83 before me, the undersigned a Nota P , _19_~. personally appeared ''Darhry ubllc Ntn and for said County and State _-.U ara.- OOnaIL-- . to be the }\. s s 1.-.S 1: -v1. t~O"ed to m.e on the bas MiS .of satisfactory evidenc; _~. ___Presrdent, and _ ,~_c_h.<l_e 1 J, Mc to be th;AQ...s::i~1:IlJc~:lJ~wa'!5'J1~ 01 salislactory e~id-;'~e' Instrument on behall of the C. P t n that executed the within , orporatlon therein d that such corporation executed the "th" name, and acknowledged to me resolution 01 its board 01 direclors. WI In rn:t~menl ~~rsuzant to its by.laws or a i' .......,...;.--. -., -- -,~' . / _--------:-~..e:.:L:o:..?:'L---1-!J:-:-/ .//.7->'/ .I -' ,-,"--q~ _ ' (NNary ~i9nature line) - - Jean Ann B. Dumas ("His name (notat"'{~Sh-;1I be t;ed or leglbl; p~-t~~)- (Sec. 8205 - Government Code 1959) FOR NOTARY SEAL OR STAMP rea \ ------ ... ~-,._- , ) , OFFICIAL SEAL JEAN ANN B DUMAS ~!OTAR'r Qua ( I,.! C).,j '':ORNIA I SAN DIeGO CCUNTY My comm. expires A.PR 7, 1987 I /(_/1)') 0 r. INTER-CITY ENGINEERS, INC. LAND PLANNING ENGINEERING. SUBDIVISIONS . SURVEYING 707D A MISSION GORGE RD. . SAN DIEGO. CALIFORNIA 02120 . 2e8-8384 AN EQUAL O~PORTUNITY EMPLOYE:R EXHIBIT "A" SEWER EASEMENT A 10' wide sewer easement over a portion of the Easterly half of 1/4 section 46 of Rancho de la Nacion, in the County of San Diego, State of California, accordinp- to Map thereof N'1. 166, filed in the Office of the County Recorder of said County as delineated on Exhibit "A" attached hereto and incorporated herein, the centerline of which is described as follows: Beginning at the most Westerly cprner of Parcel 1 of Parcel Map No. 10802 filed in the Office of the County Recorder o.f said County, being also an angle point in the boundary of Lot 140 of Bonita Ridge Estates Unit No.3 according to Map No. 8633 filed in the Office of said County Recorder; thence South 63024'02" East a distance of 299.98 feet (South 63021'38" East per Map No. 8633), (South 63001' East per Shaw deed filed January 3, 1980 as Document No. 179041) along the Southwesterly line of Parcel Map 10802 and its Southeasterly prolong- ation, being also along the property line of said Lot 140 to the True Point of Beginning of deed to Shaw co-trustees, filed January 3, 1980 as Document No. 179041 in the Office of said County Recorder; thence continuing South 63024'02" East along said line a distance of 300.00 feet; thence North 31001'28" East (North 31024'30" East recorded Shaw deed) a distance of 230.09 feet to an angle point in 'sind Shaw property line being also the most Northerly corner of land described in deed to Wilmer and Ellen Ann Bass filed November 12, 1973, rile/Page 73-315230 in the Offiee of said County Recorder; thence South 63024'02" East along the Northeasterly line of said Bass land a distance of 61. 49 feet; thence North 26035'58" East a distance of 5.00 feet to the True Point of Beginning of ,;,aid centerline: said point being the beginning of a 185.00 foot radius curve concave Northeasterly the center of whieh bears North 26035'58" Sheet 1 of 2 , R-llrJtJ ... EXHIBIT "A" SEWER EASEMENT East from said point; thence NOl.thwestcrly nlong the arc of said 185.00 foot radius curve thru a central angle of 28037' 39" a distance of 92.43 feet to the point of beginning of a nontnngcnt 185.00 foot radius curve concave Northwesterly the center of which bears North 58000'02" West from said point; thence Northeasterly alo:1g the arc of said 185.00 foot radius curve thru a central angle of 34045' 00" a distance of 112.20 feet; thence tange;1t to said curve North 2045'02" West a distance of 74.56 feet to the beginning of a tangent 186.06 foot radJus .curve concave Southwesterly; ~ thence Northwesterly along the arc of said 186.06 foot radius curve thru a central angle of 36005' 00" a distance of 117.18 feet; thence tangent to said 186.06 foot radius curve North 38050'02" West a distance of 54.67 feet to the terminus of said Easement. . ---.---- --- -- ~_. ".- . FWB':dn C-1544 5-10-83 Sheet 2 of 2 Il-I/S" ~D