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1989-674624 IRREVOCABLE OFFER TO DEDICATE: REAL PROPER1'Y FOR PUBLIC RIG!fT-OF-WA~. REQUIRED AS CONDITION OF APPROVAL OF EN 286-89 III t 1:. 0', Recording Requested By: City of Enclnltas 4&8 ) ) ) ) ) 100 ) ) ) ) When Recorded Mail to: City Engineer CITY OF ENCIN'ITAS 527 Encinitas BOUlevard, Suite Encinitas, California 92024 . ~K llA lJ'l \'P'\<b\O~ qCJfr Assessor's Parcel No. 256-121-14t.!5 89 67~62~ ~I.LI.I d'l ~1.IN::t mIl :' I ',1-,;"; I {,I:... . 89DEC 13 AM 8: 20 . vr ,.' I .1 YU; I I .EU\\;' 1:I.IIIHI'!!..J S PACE ABOVE FOf. RECORDER'S USE 'NO iii. Project No.: jf.AJ Z&-B1 W.O. No.: ...&~ Log. No.: Z.Z.7 Robert L. Meyer and Gillian Mever ("OWNER" hereinafter) is the owner of real property descr.:.ced as follows: SEE EXHIBIT "A" ATTACHED HERETo AND MADE A PART HEREOF E::: THIS REFERENCE, which is COlllJnonly known as 770 Ocean Vi~w A.P.N 256-121-14,15 consideration of the approVal vf ~N 286-89 ("PROPERTY" hereinafter;. In hereinafter), OliNER(s) hereby lIIake(s) an Irrevocable Of:er of Dedication, for the benefit of CITY, of the hereinafter described by the City real property for PUBLIC RIGHT-OF-WAY The real of Encinitas ("CITY" property referred to above is situated in the City of EnCini tas, TF/OJ/COVl-95Wp5 (6-13-89) 1 I '-i' I ~ I 1 'r- . r-, ;' . I. n Ii Mi :at, , r County ot sen DI"9o, Sqt, et Calltorei., Ond Ie ..... .....ieOlerly ~escribed as follows: SEE EXHIBIT "8" ATTACifED HERETo AND MADE A PART HERETo BI( THIS RF.FERENCB. OWNER hereby further offers to CITY the priVilege and right to extend dr.i....e stroeto.... end exo.vatien ond e".n"'nt Slo"os beYond the lillits of the herein described right-ot-way where required for the construction and maintel'ance of said -!,uBLIC RIGHT-OF-WAY RESERVING unto OWNER, his successors or aSSigns, the right to eliminate SUch slopes and/or drainage structures or portions thereof, when in the wr i tten opinion of CITI(, 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 (gcowing or that may hereafter grOW), and road bUilding materials wi.thin said right-of-way, inClUding the right to take water, together with the right tc use the same in such manner and at Such locations as CITY may deem proper, needfu}. or necessary, in the construction, reconstruction, ill!pl'"ove:::ant ur maintenance of said pUblic right- Of-way. OWNER, for himself, his successors and assigns, hereby waives claim ter any 'nd .11 d....e. te ""HER', remaini... pro""rty contiguous to the right-of-way hereby conveyed by reason of the location, conatruotien, land'''''"i.. or ""'intenance of 'aid_ POBLIC RIGHT-OF-WAY TF/03/COVl-95WP5 (6-13-89) 2 ........ .. > ,. d 459 i .11 I I , i~ I: I .~ r- . r- I; .. ill n i: ~.: ~I /; 460 This Otter of Dedication is made pursuant to Section 7050 ot the Government Code of the state of Califo~nia and may be accopted at any tilUe by C1TY. 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 seg. of the Streets and Highways Code of the State of California. abandonment may be made by CITY. This Offer of Dedication shall be irrevocable and shall run The termination and with the land and be binding Upon and inure to the benefit of future owners, encul1Ibrancers, SUccessors, heirs, personal representatives, transferees and assigns of the respective parties. At time of acceptance of this offer any and all trust deGd(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 Ii.en upon the PROPERTY. Upon notice and opportunity to respond, CITY olay add to the tax bill of OWNER any past due financial obligation owing to CITY by way of this Offer Of Dedication. If either OWNER cr CITi' is required to incur costs to enforce the provisions of this Offer of Dedication, the prevailing part}' shall be entitled to fulJ. reiJIbursement of all costs, including reasonable attorneys' fees, from the other party. CITY may assign to persons i.pacted by the performance of this Offer of Dedication the right to enforce this Offer of Dedication against OWNER. TF/03/COVl-95Wp5 (6-13-89) ) _--&'..r-....~__. jl r- . ,..; ;: .. ~ Bl ",I 'D!: I. i Owner: '51 /Nc; ~ DATED 461 {I'd' I ~, /1 ~ 1 DATED .If I.} e tL,- :Y}1(' ~JI <- ~ Gillian Meyer Signature of owners must be notarized. Attach the appropriate acknowledgement. L I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing IrreVocable Offer of Dedication and consents to recordation thereof by its dUly authorized officer. Date: -Ll.~~'6't By: 1.:rJ~.(~ ~~~ WAR.~EN H. SHAFER, Ci Manager City of Encinitas STATE OF CALIFORNIA } ss. COUNTY OF JAlU>lEGO ... ___ On AUG 18. 1989 . .....(o...Ill('.lh~undtor. ~ wxned NoI~IY PubliC', pet'SC)lWlly aPfJl~'OO ___ __ _ __ i _~~~:;t=_-_:- ~-~~~- ~~_~-~__ 7 .----k--"""'....-;~;,;,;~;....ba,j$oh.Iw..ctOry ~ (pmon.Mv nown lu . whose ....me .. .. _ .. evidencello ......he pe~ --8. - that. a wbscrob!d 10 the witlnn illS/rumen! and .cknowfedsed ~ _~execuledt....$o1me. ~ 1\1.\11 ~(.~.,~;:;:~.::~~.:-_.. ::~''';! '!'i t f. ~ ,~~.~ . t~ ~~L ..' '. h " :.:1,;.- ..=...-.__~~~_.-..._.,.( ~""~"'''''''''IflIV'',.--__ . 'rF/OJ, ~Q112}uJ _u o to.4l:fHB/IL S1GNAi'URE ~/."')17i.'J '/1 II, .... I ~1 r- . r-I ~! .. ill n 'Ii j c: , m~ ~: / ., I EXHIBI'l' "A" 462 PARCEL 1: Lot 8 in Block 2 of AVOCADO ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1191, filed in the Office of the County Recorder of San Diego County, April 29, 1924. EXCEPTING THEREFROM the interest Co!'veyed to the State of California, for freeway purposes by deed recorded August 22, 1962 as File No. 143615 of Official Records, and described as follows: iI'~ i; !~ i ~ · S. ' r ;, 11 'I, 8 Beginning at the Southeasterly corner of said Lot B; thence North 15026'24" West 124.77 feet to the Northerly line of said Lot 8: thence along the Northerly line of said Lot 8, South 89028'48" East, 70.42 fect to the Northeasterly corner of said Lot 8; thence along thQ Easterly line of said Lot 8, South 17016'18" West, 125.28 feet to the POINT OF BEGINNING. PARCEL 2: Lot 18 in Block 2 of AVOCADO ACRES, in the City of Encin~tas, County of San Diego, State of California, according to the Map thereof No. 1791, filed in the Office of the County Recorder of San Diego County, April 29, 1924. ~ I ~I ~I ... ~:I ~~' !H =-, /;:- ,... . r- <: J;;: ... III 21:' r~ III n ~. FIt, ,.,.. tl" I 463 " i. I: I' 1.\ EXIII8IT "8" That portion of Lot 8 in Block 2 of AVOCADO ACRES, as described in EXHIBIT "A", lying Easterly of a line that is 30.00 feet Westerly ot ~nd parallel with the centerline of Ocean View Ave. as shown on said Map No. 1791. II ~I I ~4 ! =-1 I :IIi I r- . -.-...-.----.......... ...... . ...... .... '~i .. iI. i ~. ::D / t /1 , 1 .' . SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded lO-.:Y-82- as file/page No. 8f!-3c.;;Z.S4 subordinated to Irrevocable Offer to Dedicate Real Property For Public R/W Required As Condition or Approval Of ___~ Z8'~8'l ("DOcUMENT" hereinafter) ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR 'l'RUSTEE hereby waives the priority of said Deed of 'rrust in favor of said DOcm~ENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. !NcINlTASOfFlCE '/. G q. SECURITY PACIFIC NATIONAL BANK /#-lt7~ r7 r 415 SANTA FE DRIVE. ~lo/CINITAS, CA tm4 DATED BEHE~FICI OR T,.,TE, ,-, Sufict~lad-'IllBefGleM'1IIls Y:.,.~ ~ of (')r C J9fl , . GGY DAHL, Manager p~, ~ /.' L. ltle: Q::= -----... _,.---4. 71..L'\ _.J IllIe) ~ :SA,(>/Ilu.,l;'l- / ,ilt 0: type nOlJrfs lllIIe) rzNa" Public ..Ind 10' the S1.1t. 11 Califomi.l. with CIllIIIIissions issued '0' the CeanIJ GL,..g'.........,J d..c-~} Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. t! .1 464 I ~.1t : ,.1 ~I~ fll ~i' I'll I, ,..: . ' i ~I . ~ I .~ ..to: ~ I certify on behalf of the Cit}, Council of the City of Encinitas, pursuant to authority conferred by Resolution of said council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing SUbordination Agreement, and consents to recordation thereof by its dUly Whorized officer. Date rs~lb-t:f'7 Bv ~ (.\ ~'-1-- J 2,. ~- (5 '1 - - HARREN H. SHAFER, CitY~nager City of Encinitas TF/OJ/COV1-9SWP5 (6-13-89) 5 =-:- STATE OF CAUFOllHI4 COUNTy OF -- j'.a . - - 0"7 n ~EOC"!.,,,,,,,,,,,,,,_-,, '-we..._.... 5'" ....I....cor,S IlIC C_......~I :: }" 465 ':1 ::dJ On 111/5 J (, day 01 (]) r: z5. 0 In IIle ~ 19..Q lIt"'e (111. II.. IIlhIerSIOll8t. a ~ PulJIle In and lor sald ~eo fIfI1Onal/y apjIeared I < ~...., \ _ /f. .'" 4' ~ J ~ oj f -~ _ 0 perSOllalIy known lo lit (\II' fIIoved 10 lIlI on Ihe basis 01 saIlslacIOly lVIcIencallo be lbe P8ISOn WIIo IlaIcvled IIIe WI1I1in InSl11IIMR\ 011 beltalf 01111, CoIJ)OIatiotIllIerein nailled. and ac;knowledoed 10 mlt"" 1'" Corpo,allon lIlleCuIed .1. WIT NESS my "* iIIld oRIcIaI seal. '........... iJ /7 ,~. '" '~t.f: ~::. :."~ I Ii XI~