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2016-228892 DOC# 2016-0228892 i 111111 IIIII IIII I IIII I IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII Till illl May 12, 2016 11:30 AM Recording Requested By: OFFICIAL RECORDS ) Ernest J. Dronenburg, Jr., } SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 PCOR: N/A PAGES: 16 When Recorded Mail to: 1 City Clerk } City of Encinitas 505 South Vulcan Avenue ) Encinitas, CA 92024 } 1 SPACE ABOVE FOR RECORDER'S USE J� FOR THE BENEFIT OF THE CITY IRREVOCABLE OFFER TO DEDICATE PUBLIC DRAINAGE EASEMENT Assessor's Parcel No: 262-140-08 ✓ Permit#: 11993-1 DAVID SPARKUHL AND LINDA SPARKUHL HUSBAND AND WIFE AS JOINT TENANTS, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Drainage Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-58 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C"ATTACHED HERETO AND MADE A PART HEREOF. GRANTO (S David Spa7uhl, Owner Date .�0�� Lind Sparkuhl, Ownel Dat Signature of"GR4NTOR(S)"to be notarized. I Attach the appropriate acknowledgments. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On March 25, 2016 before me, Sara S. Kent, Notary Public (insert name and title of the officer) personally appeared Linda Sparkuhl and David Sparkuhl who proved to me on the basis of satisfactory evidence to be the person(s)whose name s)+3/a re subscribed to the within instrument and acknowledged to me that I1s4he""T�executed tte same in his0her/their authorized capacity(ies), and that by bis ter/their signature(s)on the instrument the persons , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VM e WITNESS my hand and official seal. _ Nfty Pdk-CW*w CO � �� is 0MP�� Signature (Mi6 (Seal) "no aN0 as er r �i NOTARY SEAL CERTIFICATION (Government Code 27361.7) 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary-- tl ��V1+ Commission Number: oC 0�" "t L� Date Commission Expires:Actir ,o��0 County Where Bond is Filed: �avi CIA Manufacturer or Vendor Number: N N A 1 (Located on both sides of the notary seal border) 1 Signature: �G irm Name (if applicable) Faro Ke y'4 Place of Execution: Q h , Mo rct)5 ,... C ,,A Date: 1 a / o i Rec Form SR10.1(Rev.6111/03) GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a (Municipal Corporation, is hereby rejected by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the an cons t to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of _% , On �°l /7-b 16 before me, Moogw, I•t�o , Date Here Insert Name and Title of thi Officer a personally appeared �/�P�1� t e__14�M Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SAMANTHA MORROW WITNESS my hand and official seal. J Commission No.2067518 c) U NOTARY PUBLIC-CALIFORNIA ,+ SAN DIEGO COUNTY Commission Expires May 9.2018 Signatu Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 SUBORDINATION AGREEMENT 'AHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on November 1, 2012, as Document No 2012-0675739 of official.records, subordinated to PUBLIC DRAINAGE EASEMENT `DCCUMENT herein,afterj. Now, therefore, for valuable ccnsidera`ion, the receipt cf which is hereby acknowledged, the unde signed 6=NCFiCIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deend of Trust. /BEN EF"CIAP.'r. o�l�i//L'��, 'Ze%u 1Ja Print_Nam Signature %6�r NJ Title Date Signature of Benefrcfary to be notar,zed. Attach the acrrcprrate acknowledgments. I :�ertifr on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas acrepts and consents to the making of the foregoing Subordination .Agreement and consents to recerr.+ation tl' reof by its duly authorized officer. Glenn Prt.iim Date Director of Public VVorks City of Encinit�3s A7 766- 2 -�5�� ACKNOWLEDGEMENT State of NEW JERSEY) ) SS County MERCER ) On the IrAday of X141,L' , 2016, personally appeared before me, Mark F. Kelbaugh, who being by me duly sworn did say, for himself, that he the said Vice President, of Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Lender Bank of Manhattan, NA, and that within and foregoing instrument and acknowledged to me that he executed and same in his authorized capacity, and that by his signature of the instrument. Witness my hand and official seal. Signature My Commission Expires PZ/ 7 /;_0 MERS/min #100971502011054267 ROBERT J.CASTiGUA VRU #888.679.MERS NOTARY PUBLIC OF NEW JERSEY Loan #0063873996 Sparkuhl My Comm Expi7 gust 17,2020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Qh iGo1b ) On before me, Irl'QIil1 v6 461 1 c Date aleh !� Here Insert Name and Title of he Officer personally appeared h t'IZt 1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SAMANTHA MORROW WITNESS my hand and official seal. y Commission No.2067518 0 u NOTARY PUBLIC CALIFORNIA FA SAN DIEGO COUNTY Signature L Commission Expires May 9,2018 1 ' Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General • Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY APN 262-140-08 LOT 8, SYCAMOREVIEW ESTATES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8630, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 3, 1977, AS INSTRUMENT NO. 77-314929, OF OFFICIAL RECORDS. EXHIBIT"B" LEGAL DESCRIPTION DRAINAGE EASEMENT APN 262-140-08 BEING A PORTION OF LOT 8, SYCAMOREVIEW ESTATES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8630, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 3, 1977, AS INSTRUMENT NO. 77-314929, OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY ALONG THE SOUTHERLY LOT LINE OF SAID LOT 8, NORTH 88°58'56"WEST A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LOT LINE, NORTH 88°58'56"WEST A DISTANCE OF 16.95 FEET; THENCE LEAVING SAID SOUTHERLY LOT LINE, NORTH 26°45'20 WEST A DISTANCE OF 79.59 FEET A POINT ON THE WESTERLY LOT LINE OF SAID LOT 8; THENCE NORTHERLY ALONG SAID WESTERLY LOT LINE, NORTH 00°52'00" EAST A DISTANCE OF 5.20 FEET TO A POINT ON THE SOUTHERLY EASEMENT LINE OF A 10 FOOT WIDE DRAINAGE EASEMENT DEDICATED ON SAID MAP NO. 8630; THENCE EASTERLY ALONG SAID SOUTHERLY EASEMENT LINE, SOUTH 79°08'00" EAST A DISTANCE OF 15.89 FEET; THENCE LEAVING SAID SOUTHERLY EASEMENT LINE, SOUTH 26 045'20 EAST A DISTANCE OF 82.40 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,256 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. F� SAND S✓ rte`ply J. R ELF No. LS 7619 Exp. 12/31/16 ©Z-Di -?�i 6 ALAN J. AM, PLS 7619 DATE: MY LICENSE EXPIRES 12/31/16 SHEET 1 OF 2 EXHIBIT SANTA FE DRIVE CITY OF MaNITAS PEACHWOOD DR. 5 SYCAMOREMEW DR. a w 0 © Z SITE Q U COUNTY OF SAN DIEGO VICINITY MAP LEGEND: NOT TO SCALE INDICATES PUBLIC DRAINAGE EASEMENT OFFERED AND REJECTED HEREON. T.P.aa INDICATES TRUE POINT OF BEGINNING P.O.B. INDICATES POINT OF BEGINNING BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS CCS 83, ZONE 6, GRID BEARING BETWEEN STATION "134WCCS1" AND STATION "CADT 11—DC" PER THE CITY OF ENCINITAS SURVEY CONTROL MONUMENTS PER RECORD OF SURVEY 18416, I.E. NORTH 2108'03" WEST. NOTE.- THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE EXHIBIT "B" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT � S A❑ �ANp EXISTING 10' WIDE DRAINAGE EASEMENT DEDICATED ON MAP NO. 8630 c, Q RF9� 0 No. LS 7619 Exp. 12/31/16 Cw Filgie*•FJNrmmlw•Led SulYCA 02—d1 -z*/if J'J San2Diego,nd Avenue A AN J. REAM 9�F OF CA mm � (619)232-9200 (619)232-9210 Fax L.S. NO. 7619 Consultants, Inc. REGISTRATION EXPIRES: 12-31-16 PUBLIC DRAINAGE EASEMENT Dawn By. AJR APN.• 262-140-08 WITHIN LOT 8, SYCAMOREWEW ESTATES, Date: 0210112016 MAP NO. 8630 SHEET 2 OF 2 EXHIBIT "C" 0 00N 5 SYCAMORESIEW ES TA TES MAP.N0. 8670 LOT 6 I LOT 7 LOT 8 APN.' 262-140-07 APN.• 262-140-08 o APN.' 262-080-26 L � A L3 1 I L4 —� LINE BEARING DISTANCE L1 N88'58'56"W 25.00' L2 N88'58'56"W 16.95' L3 S79'08'00"E 15.89' o- �5 L4 N00'52'00"E 5.20' oS P 0 B L1 L2 T.P.O.B TM 01-239 Cw in9•wffamw•wam* 2442 Second Avenue 50 0 25 50 San Diego, CA 92101 (619)232-9200 (619)232-9210 Fax Consultants, Inc. 1 inch = 50 ft. APN PUBLIC DRAINAGE EASEMENT Drawn By.• AJR : 262-140-08 WITHIN LOT 8, SYCAMOREVIEW ESTATES, Date: 0210112016 MAP NO. 8630 EXHIBIT "D" Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public drainage easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors, or assigns, and in addition thereto, to remove soil and other materials within said easement and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said drainage facilities or structures incidental thereto. To have and to hold said easement unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it unless the fence interferes with the easement use. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of drainage easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantee by way of this easement. If either Grantor or Grantee is required to incur costs to- enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. The Grantee will provide written notification to the Grantor in form of a door hanger, letter, or an email prior to performing inspection and/or maintenance. However, emergency work may be performed without advance notice. A gate that is capable of opening the full easement width shall be provided at the property line by the Grantor to enter said property at no cost to the Grantee. Furthermore, In order to limit disturbance to the property, prior to driving a maintenance truck to the cleanout, the City maintenance crew will first inspect the cleanout on foot to assess the need for maintenance. Should maintenance be required based on the discretion of the maintenance crew leader, the maintenance truck will access the cleanout within the property.