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1990-98661.Recording Requested By: ,,~ City of Encinitas 90FEB23 AM 8:20 When Recorded Mail to: ~' VIllA~_. ,,~,_: [ city Engineer CITY OF ENCINITAS 527 Encinitas Boulevard, Suite 100 Encinitas, California 92024 SPACE ABOVE FOR NO RECORDER' S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RI~GHT-IIFLWAY · REQUIRED AS CONDITION OF APPROVAL OF EN 262-89 Assessor's Parcel No. 254-261-10 Project No.: ~ ~Z-~$ w.o. ~o.: ~/~ Log. No.: IqZ._ DOUGLAS H. DOWE AND NANCY CHODUR DOWE, .~.LB~L_b~nd and wife as joint tenants (~'OWNER" hereinafter) is the owner of real property described as fol lows: SEE EXHIBIT "A" ATTACHED HERETO AI~D /~iXDE A PAPT HEREOF BY THiS REFERENCE, which is commonly known as __0121.~ Hygeia Ave. Encinitas California, A.P.N 254-261-10 ("PROPERTY" hereinafter) . In consideration of the approval of EN 262-89 ..... 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 ~i-'.;.uated in the City of Encinitas, IF/ }J/covl-_ 5 po (6-13-89} 169 County of San Diego, State of California, and is more particularly 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 t~e 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/O3/COV1-95wp5 (6-13-89) 2 2170 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 ma~te 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/0~/COV1-95wp5 (6-13-89) 3 171 DATED / / DOU , sff. DATED N~N~ C~ODUR DOWE 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. WAR~ ~. SHAFER, C~y Manager City of EncJnitas IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY REQUIRED AS CONDITION State of CALIFORNIA .~ On this the 1 day of AUGUST 1989 , before me, County of SAN DIEGO **SUSIE TOPJIAN** Notary's Name Ityped or printed) the undersigned Notary Public, personally appeared ~ **DOUGLAS H. DOWE AND NANCY CHODUR-DOWE ~[¢,~¢7/,.~-fff~ N~ '~rF P ~3':::--,' 5fornia R [~ personally known to me (! {.% · ,, - ~ []~proved to me on the basis of satisfactory evidence ~ , , ' , ,..~'"~ to be the person(s) whose name(s) .subscribed to the ~-~, -~J~'=~ ~ ~ ; ~'~"~ within instrument, and acknowledged that THEY executed it. WlTNES~ my hand and official se.al. (This area for official notarial seal)/t..,,/lX ~ ~ ~--~-~,kf~{'~'/-,/'~ Nota~/'~'Signature O EXHIBIT "A" The Northerly Half of that p~tion of Lint 1 in Block 7 of SCGTH ODAST PARK, in the City of Encinitas, Ccu~ay_ of San Diego, State of California, according to Map No. 1776, filed in t.%e office of the County Recorder, January 11, 1924, described as follows: C~L~ncing at the Nor~ oorner of said Imt 1; then~e along the Westerly line of said Lot South 15°43,30" East 141.14 feet to the Southwest corner of land described in deed to Carl $. Woodward, et ux., recorded September 29, 1953 in Book 5000, Page 171 of Official Records, of said San Diego County, said point being the TRUE POINT OF ~INNING of the p~uperty herein described; thence alcrg t_he South line of said Wo~a%~rd Land, being parallel with the Northerly line of said Lot 1 North 74°16,30'' wm~t 108.0 feet; thence parallel with the Westerly line of said Lot South 15°43'30'' wm~t 140.00 feet; _ _. thence ~r~ara~lel with the Northerly line of said fDt 1, South 74'16'30" West 108.00 feet to the Westerly line of said Lot; thence along said Westerly line North 15°43'30'' West 140.00 feet to the T~JE POINT OF BEGINNING. EXHIBIT "B" That portion of Lot 1 in Block 7 of SOUTH COAST PARK as described in EXHIBIT "A" lying Southerly of a line that is 30.00 feet Northerly of and parallel with the centerline of Hygeia Ave. as shown on said Map No. 1776. SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 4/25/1989 as file/page No. 89-213678 subordinated to Irrevocable Offer to Dedicate Real Property For Public R/W Required As Condition of Approval Of EN 262-89 ("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. ... DA BENEFICIARY OR TRUSTEE ~ By: MarketStreet Mortgage Corporation Title: Senior Vice President Signature of BENEFICIARY or trusteel 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 ~l--~~ By. ~o~.. ~R~g -- ' WARREN H. SHAFE er city of Encinitas TF/03/COVl-95wp5 (6-13-89) 5 COUNTY OF HILLSBOROUGH )ss. On January 11, 1990 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Orahdella E. Cur~; x personally known to me: proved to me on the basis of ~atisfactory evidence, to be the Senior Vice President and Secretary of the corporation that FOR NOTARY SEAL OR STAMP executed the within Instrument, and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its board of directors. Signature ~%-~_~--~. Starla~. Wilson Name (Typed or Printed) Notary Public in and for said County and State CORPORATION ~o¥^R¥ PUBLIC, STATE OF FLOg.~DA. ~Y COMMISSION EXPIRE~