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:
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'* 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
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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
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