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1989-240569 9 2 ,0569 Recording Requested By: City of Encinitas ~hen ~eco~ded Nail City E~gineer CITY OF ENCINITAS 527 Encinitas Boulevard, Suite 100 Encinitas, California 9202~ SPACE ABOVE FOR ~or the benefi~ of the City of Encinitas ) RECORDER'S USE IP~REVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF BUILDING PLAN EN 132-89 Assessor's Parcel Log. No.: No. 254-321-32 Project No.: W.O. No.: _ Fishback Ventures LTD. ("OWNER" hereinafter) is the owner of real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND ~LADE A PART HEREOF BY THIS REFERENCE, which is commonly known as 243 E. Glaucus St., Encinitas, California A.P.N 254-321-32 ("PROPERTY" hereinafter). In consideration of the approval of BUILDING PLAN EN 132-89 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 R1GHT-0F-WAY The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and ~s more particularly described as follows: TF/O4/COV1-45wp 1(11-2-88-5) '* 183 SEE EXHIBIT CHED HERETO AND MADE 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. O~¢NER 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 This Offer of Dedication is made pursuant to Section 7050 TF/O4/COV1-45wp 2(11-2-88-5) 184 of the Governme~ Code of the State of 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 'cith 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/04/COVl-45wp 3(11-2-88-5) 185 DATED ~TA~ NV CAI,TFORNTA% (A~ EMBLEM, President STATE OF CALIFORNIA :ss :. COUNTY OF~ Sail Diego ,, ,' On__ . . belore me. Ihe undersigned, a Notary Public in and for said Stale, personally appeared_ Gary ~mble~ ...... and ...... personally known to me or proved to me on the basis of satisfactory evidence) to be the persons who executed lhe wilhin instrument as _. m{'4r -t~- Pres,den1 and ~ ........ Secretary, on behalf of~CoIl~l_¢r.c~otel LTD. t he corporalio~ ~ herein named, and acknowledged )o me that said corporation executed the within inslrument pursuant to its by- laws or a resolution of it s board of directors,said corporation being known tO meto be one ofthe padnerso{ ~ .... OFFICIAL~N. · - Fishback Ventures LTD. TRACY N. MAGLIO & 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. , · y Manager City of Encinitas TF/04/COV1-45wp 4 (11-2-88-5) 186 89129-2 SCHEDULE A (CONTINUED) 3. The land referred to herein is situated in the State of California, County of San Diego and is described as follows: THE EASTERLY 112.5 FEET OF LOTS 17 AND 18 AND THE EASTERLY 112.5 FEET OF THE NORTHERLY HALF OF LOT 16, ALL IN BLOCK 4 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924; THE SOUTHERLY LINE OF SAID NORTHERLY HALF OF LOT 16, BEING PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 16 AND 17, IN SAID BLOCK 4; THE WESTERLY LINE OF SAID EASTERLY 112.5 FEET OF SAID LOTS 17, 18 AND NORTHERLY HALF OF LOT 16, BEING PARALLEL WITH THE EAST LINE OF HERMES AVENUE. EXHIBIT A - IRREVOCABLE OFFER'TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF BUILDING PLAN EN 132-89. EXHIBIT "B" That portion of Lot 18 in Block 4 of SOUTH COAST PARK, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1776, filed in the Office of the County Recorder of San Diego County, January 11, 1924, lying Northerly of a line that is 30.00 feet Southerly of and par- allel with the centerline of Glaucus Street as shown on said Map No. 1776. 188 SUBORDINATION AGREENENT Whereas, those parties concerned, desire to have said Deed of Trust subordinated to Irrevocable Offer to Dedicate Real Property For PUBLIC R/W Required As Condition of Approval Of BUILDING PLAN EN 132-89 ("DOCUMENT" hereinafter); Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY 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 o DATED BENEfICIARY- By: Title: STATE OF CALIFORNIA) ) SS. COUNTY OF SAN DIEGO) On /~:~i~. /3 , 198~ , before me, the undersigned, a Notary Public~-in and for said State, personally appeared ~O7-~ ~'~Otp~ , known to me or proved to me on the basis of satisfactory evidence to be the perscn whose name is subscribed to the within instrument and ~cknowledge that /~ executed the~. ~ITNESS my hand and official seal. ~ ~ PATRtC A A~N BEST ~ ~ NOTA~~t PUBLIC CAUFORNI~ ' Notary Public in an~/f~r ~ k~%~// ~ DIEGO COI~NTy said County and State ,~ '~ My comm. ex~ires AUG Z1, 1989 I cer~'~-~i~f~-~n- beha~'~ 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 ~--O~ -~ By~~ ~F~ WARREN H. SHA get City of Encinitas TF/04/COV1-45wp 5(11-2-88-5)