1991-50337
.,,: . 1034 :-l
Recordi g Requested By: )
)
)
)
When Re orded Mail to: )
city En ineer )
CITY OF ENCINITAS ) \
527 Enc'nitas Boulevard, suite 100 ) I,
Encinit s, California 92024) ,
) SPACE ABOVE FOR I\. " -,
) RECORDER'S USE ' \ . '.I
(
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 233-90
Assesso 's Parcel
No. Project No.: EN 233-90
W.O. No.: N/A
Log. No.: N/A
Patrick B. Shea and Mar uerite Shea
("OWNER' hereinafter) is the owner of real property described as
follows
"A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
commonly known as 1175 Everqreen Drive,
A.P.N 9-281-08 ("PROPERTY" hereinafter). In
conside ation of the approval of EN 233-90
by the City of Encinitas ("CITY"
hereinafter), OWNER(s) hereby make!fš9 an Irrevocable Offer of
Dedication, for the benefit of CITY, of the hereinafter described
real p operty for PUBLIC RIGHT-OF-WAY The real
proper y referred to above is situated in the City of Encinitas,
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County 0 San Diego, State of California, and is more particularly
describ as follows:
"B" ATTACHED HERETO AND MADE A PART HERETO BY THIS
to CITY the privilege and right
to exte d drainage structures and excavation and embankment slopes
beyond limits of the herein described right-of-way where
for the construction and maintenance of said PUBLIC
-WAY RESERVING unto OWNER, his successors or
the right to eliminate such slopes and/or drainage
or portions thereof, when in the written opinion of
CITY, therefor is removed by substituting other
protect on, support and/or drainage facility, provided such
substit tion is first approved in writing by CITY.
OW ER hereby further offers CITY all trees, growths (growing
or that may hereafter grow), and road building materials within
said ri ht-of-way, including the right to take water, together with
the rig t to use the same in such manner and at such locations as
CITY ma deem proper, needful or necessary, in the construction,
reconst uction, improvement or maintenance of said public right-
of-way.
himself, his successors and assigns, hereby waives
claim any and all damages to OWNER'S remaining property
to the right-of-way hereby conveyed by reason of the
locati n, construction, landscaping or maintenance of said-----
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Owner:
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DATED
Signat
notar
apprc
I certi y on behalf of the Cit)
pursuan to authority conferr
adopted on July 27, 1987 that t
making of the foregoing IrJ
consent to recordation there ~
Date: 1- z.Cf.q B
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EXHIBIT "B"
That p rtion of the South Half of Lot 9 in Block "M" of AVOCADO
ACRES the City of Encinitas, County of SanPDiego, State
of Cal' fornia, according to Map thereof No. 2138, filed in the
Office of the County Recorder of San Diego County, November 7,
1928, ying Westerly of a line that is 30.00 feet Easterly of
and pa allel with the centerline of Evergreen Drive as shown
on sai Map No. 2138.
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SUBORDINATION AGREEMENT
Whereas those parties concerned, desire to have the Deed of Trus~
recorde 09-20-89 as file/page No. 89-506665 }subordinated to
Irrevoc le Offer to Dedicate Real property For Public R/W Required
As Cond tion of Approval Of EN 233-90 ("DOCUMENT"
hereina ter);
Now, th refore, for valuable consideration, the receipt of which
is here y acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby aives the priority of said Deed of Trust in favor of said
DOCUMEN to the same extent a of said DOCU NT had been executed
prior t said Deed of Trust
24 1991 .
By: Corrinne A. Carmignani
Title: Assistant Vice President
World Savings and Loan Association
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
I certi y on behalf of the City Council of the City of Encinitas,
pursuan to authority conferred by Resolution of said Council
adopted on July 27, 1987 that the City of Encinitas consents to the
making f the foregoing Subordination Agreement, and consents to
recorda ion thereof by its duly ~thorized officer.
Date By ~ -¡..'\ ~
WARREN H. SHAFER, ci Manager
City of Encinitas
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