2003-465151
DOC # ¿OO3-0465151
APR "r, 200::-) /f:19 F'Ì"'ii
"~..:: .
Recording Requested By: )
OFFICIAL RECORDS
When Recorded, Mail To: ) SAN DIEGO COUNTY RECORDER'S OFFICE
City Clerk ) GF:EGOF'Y J. SMITH, COUNTY RECOF:DER
CITY OF ENCINIT AS ) FEES: 0.00
WAY: 2
r~ 505 South Vulcan Avenue )
Encinitas, California 92024 )
¡r£ ) SPACE ABOVE
For the benefit of the Citv ) FOR RECORDER'S USE
ð[\\r "1 "
C' ,~
¡(ß/Ì I IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
.1)- FOR PUBLIC RIGHT-OF-WAY
Assessor's Parcel ,/ ,.." ",.../ Project No: 01-143DR.EIA
No. 264-151-36,38,39,40,41 W.O. No.: 7219-G
Olivenhain Colony VIII, Ltd., a California Limited Partnership is the owner of
real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE. Commonly known as, AP.N. 264-
151-36,38,39,40,41 ("PROPERTY" hereinafter). In consideration of approval of Case
No. 01-143 AD/EIA and 7219-G, by the City of Encinitas ("CITY" hereinafter),
OWNER(s) hereby make(s) an Irrevocable Offer of Dedication, for the benefit of CITY,
of the hereinafter described real property for public right-of-way. The real property
referred to above is situated in the City of Encinitas, County of San Diego, State of
California, and is more particularly described as follows: SEE EXHIBITS "B" and "C"
ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE.
OWNER hereby further offers to CITY the privilege and right to extend drainage
structures and excavation and embankment slopes beyond the limits of the herein
described right-of-way where required for the construction and maintenance of said
Public right-of-way. RESERVING unto OWNER, his successors or assigns, the right to
1
eliminate such slopes and/or drainage structures or portions thereof, when in the written
opinion ofthe CITY, the necessity therefor is removed by substituting other protection,
support and/or drainage facility, provided such substitution is first approved in writing by
CITY.
OWNER hereby further offers CITY all trees, growths (growing or that may
hereafter grow), and road building materials within said right-of-way, including the right
to take water, together with the right to use the same in such manner and at such locations
as CITY may deem proper, needful, or necessary, in the construction, reconstruction,
improvement, or maintenance of said public right-of-way.
OWNER, for himself, his successors and assigns, hereby waives claim for any
and all damages to OWNER'S remaining property contiguous tot he right-of-way hereby
conveyed by reason of the location, construction, landscaping, or maintenance of said
Public right-of-way.
This Offer of Dedication is made pursuant to Section 7050 of the Government
Code of the State of California and may be accepted at any time by CITY.
This Offer of Dedication may be terminated and the right to accept the offer may
be abandoned in accordance with the summary vacation procedures in Section 8300 et
seq. of the Streets and Highways Code of the State of California. The termination and
abandonment may be made by CITY.
This Offer of Dedication shall be irrevocable and shall run with the land and be
binding upon and inure to the benefit of future owners, encumbrances, successors, heirs,
personal representatives, transferees, and assigns of the respective parties.
2
At time of acceptance ofthis offer, any and all trust deed(s) and easement(s) shall
be subordinated to this Offer of Dedication.
OWNER agrees that OWNER'S duties and obligations under this Offer of
Dedication are a lien upon the PROPERTY. Upon notice and opportunity to respond,
CITY may add to the tax bill of OWNER any past due financial obligation owing to
CITY by way ofthis Offer of Dedication.
If either OWNER or CITY 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 attorneys' fees, from the other party. CITY may assign to
persons impacted by the performance of this Offer of Dedication the right to enforce this
Offer of Dedication against OWNER.
~Wì.LTÇ>.
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Wu.1ìC~..') cVO7 - \,IÁ~.
DATED . ~ .4.-;ß~
DATED
Signature of owners must be notarized.
Attach the appropriate acknowledgement
I certify on behalf of the City Council of the City of Encinitas pursuant to authority
conferred by Resolution of said Council adopted November 9, 1994 that the City of
Encinitas consents to the making of the foregoing Irrevocable Offer of Dedication and
consents to the recordation thereof by its duly authorized officer.
. \'11 Qg [{~
Date: r:;/IO/O2. By:..J t . .
Peter Cota-Robles
Director of Engineering Services
3
SUBORDINATION AGREEMENT
Whereas, those parties concerned desire to have the Deed of Trust recorded ApR.K. '3q 2.oo"Z-
As file/ page No. 'U>Oz.'O~('Ao1l>"1 , subordinated to Irrevocable Offer to Dedicate
Real Property for Public R/W ("DOCUMENT" hereinafter) required as Condition
of Approval of Case 01-143 ARlEIA;
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY or TRUSTEE 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
J()!J~ G ;;¡...oo"'2.. B~~I~USTEE
Dated
by: "1"""ko -v 7.. ¡{IiE6C¡f--';
Title: V P
s.rrÞ<J t>/~Go /lI¡If-.,.(o"..dr'~ "c:A-N"-
Dated BENEFICIARY OR TRUSTEE
by:
Title:
Signature of BENEFICIARY or TRUSTEE is to be
notarized. Attach the appropriate acknowledgement
4
GOVERNMENT CODE 27361.7
I 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: DOl.¿ 5 (élUc:-
Commission Number: 11 ~ í.f6 ù 1 Date Commission Expires: I ~'I<j- ~()+
County where Bond is Filed: S:vr1 D¡ Wf
Manufacturer I Vendor Number: ~(A..:h c¡'Y1cLL rJ O+M 1- A Cj:,úÚl Gc+. ~
Place of Execution: LnG" (IA to...~ Date: (p -130),.
Signature: fli.c ¡;U¡;, C Æ-.}
.
~-
-
4/94
Rec. Fo'm #Rl0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ if ~d'.Æ: ~ÆBX =if.s&X ~.iX~ =.ç<'.sL-"!£~«Æ£&5XL~:&: = .iX~= =-«~ - '" I
, State of calif~rnia . }
l' Û ss.
County of ~)W l jvq) .--
OnI(.1~J,Do)' , before rne, n~ ~k'\ a --.LNUlðA c.-~-,
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personally appeared -- ¥WbCf -~- i'- (J()() k ei ------,
N""I,) 01 Sig",'e)
~ personally known to me
I proved to me on the basis of satisfactory
evidence
to be the person~) whose name~) is/~
subscribed to the within inslrument and
'8 .. ~":z- acknowledged to me that he/sAeAA€y executed
the same in his/~ authorized
! .., MIlt . CI8II8I capacity(iIIs), and thaI by his/h~
t ... ..... CIIunIr signature(,$) on the instrument the person($), or
~"""1UIIM the entity upon behalf of which the person('ií)
acted, executed the instrument
WITNESS my hand and official seal.
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PI,," No",y Seet Ab"e 'S,geeto" 01 No"" Poblle
OPTIONAL
Though the information below is not mgUlred by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -----
Document Date: Number of Pages .-----
Signer(s) Other Than Named Above. -- ----- II
Capacity(ies) Claimed by Signer
Signer's Name: --- - ---- .
I 1 Individual TOp 01
Corporate Officer - Title(s).
1.1 Partner-, Limited General
Attorney in Fact
Trustee
I Guardian or Conservator
Other: - ---
1
Signer Is Representing: J
","9' ","",",""'",""," "'00 Oe S""",. 90 eo,'M,e"""",," ,^y""c""_w""""","k,,,mg p"",",
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }
( '-', ' ss,
County of '-'1'"" 1.'\( (',é' -
On:Tz-."'t (.: ,Ju,¡" , before me, t~- {-(;¡I¡.¡ <~, ,1, (Ir.i,,') -,
0", N'me'cdTi>"OfO~""1'9'J"'Doe,NoI'~PCb"")
personally appeared ~ 7;7;' f ~,~ / ¿ e. (', II '..
N,mel" of SI9"ee','
personally known 10 me
I,Yproved to me on lhe basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
~ E MI~339893 acknowledged to me that he/she/they execuled
-, Nc:,m~~~~ - California ~ the same in his/her/their authorized
~ 0 s~n Diego County - capacity(ies), and that by his/her/their
i MyCo<m1, Exl>ireoJan 14, 2006~ signalure(s) on the instrument the person(s), or
- - - - - - - - - - - the enlity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
I' ,
~(..,;.
P',," No",y 5", Abc" 3'9""" of No"'y Pobll,
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 and ¡eaffachment of Ihis form to another 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
Signer's Name: -- -
Individual Top ~f thomb t>em
I Corporate Officer - Title(s): - -
Ii Partner-i Limited 1 General
I Attorney in Fact
Trustee
I., Guardian or Conservator
1 I Other: - --
Signer Is Representing:- . .-
"""","",,""'0,",oc""""""90'5',"'",,,00""""'"'"'0",.0,""""""w""""""""""9 ",,",090; 8",8".0""",.(",'.8008""8"
EXHIBIT A
Parcels 1 fhrough 4, inclusive, of Parcel Map No. 8228, filed in the Office of
the San Diego County Recorder on December 29,1978, along with the
Southwesterly 165,00 feet of the Southeasterly 295.00 feet of that portion of
Lot 18 of the Subdivision of Rancho Las Encinitas, in the City of Encinitas,
County of San Diego, State of California, according to the Map thereof No,
848, tiled in the Office of the San Diego County Recorder on June 27, 1898,
described in the deed to Fred Reva and Doris Reva, husband and wife as
joint tenants, recorded November 20, 1969 as File No, 212922 of Official
records.
EXHIBIT B
THOSE PORTIONS OF PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 8228 FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER DECEMBER 29, 1978 AS FILE NO. 78-560616 OF OFFICIAL
RECORDS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL MAP BEING ALSO THE NORTH-
WESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID
MAP, NORTH 81'17'31" EAST 386,05 FEET TO THE NORTHEASTERLY CORNER OF SAID MAP AND
THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 33'03'48" EAST, ALONG THE
EASTERLY BOUNDARY OF SAID MAP, 243.77 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL 3; THENCE DEPARTING SAID BOUNDARY, SOUTH 26'04'04" EAST 32.84 FEET TO THE
BEGINNING OF A NON-TANGENT 42,00 FOOT RADIUS CURVE CONCAVE NORTHERLY AND BEARING
NORTH 56'56'12" EAST FROM SAID CURVE RADIUS; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 254'10'24", A DISTANCE OF 186,32 FEET TO THE BEGIN-
ING OF A TANGENT 24,00 FOOT RADUIS REVERSE CURVE CONCAVE WESTERLY; THENCE NORTH-
ERL Y ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74"10'24" A DISTANCE
OF 31,07 FEET TO A POINT 40,00 FEET WESTERLY OF MEASURED PERPENDICULAR TO SAID
EASTERL Y BOUNDARY OF SAID MAP; THENCE NORTH 33'03'48" WEST, PARALLEL WITH SAID
BOUNDARY, 171,18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2817'13", 31.60
FEET TO A POINT 30,00 FEET SOUTHERLY OF MEASURED PERPENDICULAR TO SAID NORTHERLY
BOUNDARY OF SAID MAP; THENCE SOUTH 81"17'31" WEST, PARALLEL WITH SAID BOUNDARY,
334,24 FEET TO THE WESTERLY BOUNDARY OF SAID MAP; THENCE ALONG SAID BOUNDARY,
NORTH 32"17'07" WEST, 32,73 FEET TO THE POINT OF BEGINNING,
FILE NAME; 8228-LG2,DWG
PLOT DATE: 04-24-02
NOTES EXHIBIT C
@ f" / / / ///1 AREA DESCRIBED IN EXHIBIT A,
@ PRIVATE ROAD EASEMENT PER RECORD,
BEARINGS & DISTANCES PER PARCEL MAP 8228
OR CALCULATED THEREFROM,
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SCALE: 1" = 100' \ '"" / """ I.;
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DA TAT ABLE \ ?<';),\~'ò9o . ~~
NO, DEL TA/BEARING LENGTH RADIUS \ ~} -~
CD S 26'04'04" E 32,84' - \ /".~ ~
\ /" .\.
@ !:::. = 254'10'24" 186,32' 42.00' /"/" §\
@ !:::. = 74'10'24" 31,07' 24,00' /y ~~;
0 ð. = 28"17'13" 31,60' 64,00' §.\~
.}~ FILE NAME: 8228-LG2,DWG
PLOT DATE: 04-24-02