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~