1989-674624
IRREVOCABLE OFFER TO DEDICATE: REAL PROPER1'Y
FOR PUBLIC RIG!fT-OF-WA~. REQUIRED AS CONDITION
OF APPROVAL OF EN 286-89
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Recording Requested By:
City of Enclnltas
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When Recorded Mail to:
City Engineer
CITY OF ENCIN'ITAS
527 Encinitas BOUlevard, Suite
Encinitas, California 92024
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Assessor's Parcel
No. 256-121-14t.!5
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89DEC 13 AM 8: 20
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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)
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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)
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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)
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Owner:
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DATED
461
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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:
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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 ___ __ _ __
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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.
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S1GNAi'URE
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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:
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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.
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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.
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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:
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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.
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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)
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STATE OF CAUFOllHI4
COUNTy OF -- j'.a . - - 0"7 n
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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.
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