1990-430354 -, 0 r 3035
.... Recording Requested By: :;~
City of Encinitas ~'~
When Recorded Mail to: ,
City Engineer
CITY OF ENCINITAS
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024
SPACE ABOVE FOR
RECORDER'S USE
' ~"~ IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
~'~' FOR PUBLIC RIGHT-OF-WAY ~ REQUIRED AS CONDITION
~% OF APPROVAL OF EN 138-90
Assessor's Parcel
No. 254-221-16 Project No.: EN 138-90
W.O. No.:
Log. No.:
John Crystal and Victoria Crystal, husband and wife
("OWNER" hereinafter) is the owner of real property described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is commonly known as 1411 Coop Street
A.P.N 254-221-16 ("PROPERTY" hereinafter). In
consideration of the approval of EN 138-90
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,
~:3 TF/03/COV1-95wp5 (6-13-89) 1
_ County of San Diego, State of California, and is more particularl]~
described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO 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 eliminate such slopes and/or drainage
structures or portions thereof, when in the written opinion of
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 to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said
PUBLIC RIGHT-OF-WAY
TF/03/COV1-95wp5 (6-13-89) 2
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, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
At time of acceptance of this 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 of this 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.
TF/03/COV1-95wp5 (6-13-89) 3
Owner: ^
DATED John
DATED Victoria
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 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.
WARREN H. SHAFER, City Manager
City of Encinitas
GENERAL ACKNOWLEDGMENT .o.
Stateof ~(~'~'c3~.~0'5~ Onthisthe ~'dayof ~'~,L)~ 19~'CO, beforeme,
] },ss.
County of L~,S ,~/J~> _
the undersigned Notary Public, personally appeared
~ P~Gs~nally known to me
L-,w-proved to me on the basis of satisfactory evidence
%.~ be the person(s) whose name(s) ,/~ C"- subscribed to the
'9~in instrument, and acknowledged that "')-~t'h/' executed it.
WlI~tt.ESS my hand and official seal.
N~ {ar.y~J~at u re ' -
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cedifica~e to another document
THiS CERTIFICATE Title or Type of Document
MUST BE A~-ACHED
TO THE DOCUMENT Number of Pages ~{ Date of Document ~:>/~
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Lot 7 of EXCLUSIVE ACRES, in the City of Encinitas, County of
San Diego, State of California, according to Map thereof No. 3257,
filed in the Office of the County Recorder of San Diego County,
June 29, 1955.
EXHIBIT "B"
That portion of Lot 7 of EXCLUSIVE ACRES, in the City of
Encinitas, County of San Diego, State of California, ac-
cording to Map thereof No. 3257, filed in the Office of the
County Recorder of San Diego County, June 29, 1955, lying
Westerly of a line that is 30.00 feet Easterly of and parallel
with the centerline of Coop Street as shown on said Map
No. 3257.
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 10-13-89 as file/page No. -~ subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval Of EN 138-90 ("DOCUMENT"
hereinafter);
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.
Signature of BENEFICIARY or trustee
to 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 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 authorized officer.
Date
~T/~r6 oF Ccv,iz, i~cT'lct,,7- WARREN H. SHAFER, City~I~anager
co~r~ o~ H/~RD city of Encinitas
On this tlth day of June, 1990, before me personally came Sandra J. Daversa to me
~personally known, who, by me duly sworn, did depose and say that she resides in
South Windsor, Connecticut, that she is the Assistant Vice President of Northeast
Sevin§s, F.a. the association described; that she executed the within instrument
on behalf of the association; that she knows the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said
association; and that she signed her name thereto by like order.
My commission expires March
l~o~ary
TF/03/COV1-95wp5 (6-13-89) 5