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2020-20119 $ , ' DOO# 2020-0020119 '`•'� 1111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II Jan 14, 2020 04:04 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $0.00) PCOR: N/A When Recorded Mail to: ) PAGES: 11 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: $0 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY APN: 216-071-0300 Building Permit No.: 19-1493 Address: 1871 Sheridan Road MARK STEVEN DUFFIELD AND TIFFANY ANN LUAS DUFFIELD, 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, convey, and dedicate for valuable consideration to the City of Encinitas,_State of California, hereinafter called GRANTEE, an Easement for Public Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-52 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. GRANTOR(S): � J�.n✓ 2�2 c� Mark Ste n Duffield Date t :Z , 1M 2,0 ZD Ti aW -uWDu I- Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. ALL-PURPOSE 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 S&VA t>l'- If- SS. On — —ZbZ before me, A-v, -PJ0- - S ,rMOL1, Notary Public, DATE personally appeared f f e &n LU D�*!who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are ubscribed to the w*. 'n instrument and acknowled me that he/she/66y executed the same in his/h eir uthorized capac> y(ies), and that by his/her/ eir signature(s) on the instrument the person(s), e entity upon behalf of which the ANGELA A. SIM4N person(s) acted, executed the instrument. Comm.#2182396 rn o NOTARY PUBLIC-CAUFOMIA y, I certify under PENALTY OF PERJURY under the $AN DIEGO COUNTY MY COMM.EXP.MAR_2.2021 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r' PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE SUBORDINATION AGREEMENT WHEREAS, those parties concerned, MARK STEVEN DUFFIELD AND TIFFANY ANN LUAS DUFFIELD, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor and SCHOOLSFIRST FEDERAL CREDIT UNION as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on August 15, 2017, as Document No. 2017-0368960 of official records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY, CITY OF ENCINITAS ("DOCUMENT' hereinafter). Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY 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 Deed of Trust. BENEFICIARY: SchoolsFirst Federal Credit Union. G'lalgm Print Name Signature &062a Title Date Signature of Beneficiary to be notarized. Attach the appropriate acknowledgments. I certify 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 accepts and consents to the making of the foregoing Subordination Agreement . and consents to recordation thereof by its duly authorized officer. / 3 2,o 2 2� Edward J. Wim er Date City Engineer Development SVrvices Department City of Encinitas h 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 accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution 94-10.7 of the City Council of the City of Encinitas adopted on November 9, 1994 nd the gr ntee consents to recordation thereof by its duly authorized officer. 13 Z�2Z dward J. W' er Dat City Engine r Developm Services Department City of Encinitas ALL-PURPOSE 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 CC �" 6 IJU. County of . a V� I E'1j p On - 1 y--Lo-Lo , before me, 6- i M(5 r) , Notary Public, DATE r 1 i l personally appeared L, w 0-,r' W+ vl--) ryx C Y— ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names is/ re subscribed the within instrument and acki�6v, edged to me tha he he/they executed the sa I (higher/their authorize capacity(ies), and that by his her/their signature(s) on the instrument the pe n(s), or the entity upon behalf of which the ��a•,v;r�� ANGELA A. SIMON person(s) acted, executed the instrument. Comm.#2182396 rn N : o NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the MY COMM.EXP.MAR.2,2021"� y laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF L SIGNER 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE California All-Purpose 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 Orange On 01/09/20 before me, Mary E. Casper , notary public, personally appeared ***Gholam S Wahab*** , 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. WITNESS my hand and official seal. Signature (Seal) MARY E.CASPER _. NotaryPublic-California z IL Orange County a + Commission#2213965 My Comm.Expires Sep 14,2921 Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal of this reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: # of Pages: Signer(s) Other Than Named Above: EXHIBIT "A" PROPERTY THE NORTH 63.22 FEET OF THE SOUTH 126.44 FEET OF LOT 21 OF AVOCADO ACRES NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 3, 1927. THE SAID NORTH 63.22 FEET OF THE SOUTH 126.44 FEET BEING MEASURED ALONG THE EASTERLY LINE OF SAID LOT. EXHIBIT "B" DESCRIPTION A PORTION OF THE NORTH 63.22 FEET OF THE SOUTH 126.44 FEET OF LOT 21 OF AVOCADO ACRES NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,OCTOBER 3, 1927; DESCRIBED AS FOLLOWS: THE WESTERLY 27.00 FEET. CONTAINING 1,707 SQUARE FEET MORE OR LESS. EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF. GARY D. MELLOM GARY D. MOLO PLS 8 7 LS 8537 DATE: F CALIF PASCO LARET SUITER R.O.W. DEDICATION EASEMENT &ASSOCIATES San Diego I Solana Beach I orange county PLSA JOB NO. 3175 SHEET 1 OF 2 Phone 858.259.821.2 1 www.plsaengineering.com EXHIBIT "C" PLAT 27.00' POR. LOT 21 MAP 2063 20.00' 27.00'---1 N89 057'00"E POR. LOT 21 PMR18745 r w MAP 2063 o N DEED DOC. Z z 2012-0671815 0 20.00' Q 0 0f N89 057'00"E Z Q 20' EASEMENT FOR Uj STREET PURPOSES rn IN = STREET MAP 2063 cA POP. LOT 21 27.00' MAP 2063 / (N89°57'00"E 178.18') i LOT 22 MAP 2063 I LEGEND Ll L1.__/ J RIGHT OF WAY DEDICATION EASEMENT CONTAINING 1,707 SQ FT ( ) RECORD DATA PER MAP NO.2063 PASCO LARET SUITER SCALE = 1"=30' R.O.W. DEDICATION &ASSOCIATES w E EASEMENT San Diego I Solana Beach I orange County PLSA JOB NO. 3175 SHEET 2 OF 2 Phone 858.259.821.2 1 www.pisaengineering.com EXHIBIT "D" Terms and Conditions for Dedication of Easement for Public Street Right-of-Way The dedication or irrevocable offer of dedication made by the, Grantor named in the document dedicating or offering the dedication of the public street easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for use as public street right-of- way, including the installation., construction, maintenance, repair, replacement, reconstruction and inspection of-public utilities, including, but not limited to, electric, gas, .telephone, cable television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto, as well as other public right-of-way uses deemed necessary by Grantee, 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 right-of-way 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 public utilities or structures incidental thereto. To have and to hold said easement and right-of-way 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 and right-of- way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly .described on the document dedicating or irrevocably offering the dedication. 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 and right-of-way 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. Grantor for himself, his successors and assigns, hereby waives claim for any and all damages to Grantor's remaining property contiguous to the public street right-of-way I conveyed by the dedication or offer of dedication by reason on the location, construction, landscaping, or maintenance of said public road right-of-way. This dedication may be terminated and the right to accept the irrevocable offer,of dedication maybe abandoned 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 deeds) and easement(s) shall be subordinated to the dedication of easement for public street right-of-way. Grantor agrees that Grantor's duties and obligations under this offer of dedication 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 offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, 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 offer of dedication the right to enforce this offer of dedication against the Grantor. I I . J