1989-699460
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.,' .. Rec9rding Requested By: ) !
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. City of Encinitas - )
) F.DEC27 AM 8: 'I
When Recorded Mail to: ) \ '~ ~- f-- ¡
city Engineer ) I '
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CITY OF ENCINITAS ) ~_..-
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOE
) RECORDER'S USE
NO FEe
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY. REQUIRED AS CONDITION
OF ì"PPROVAL OF EN 419-89
Assessor's Parcel
No. 258-343-10 Project No.: EN 419-89
W.O, No,: N/A
Log, No,: 3/5
Marion Frazer, Trustee under Declaration of Trust Dated 09-21-87
( It OWNER" hereinafter) is ":he owner of real property descriDed as
follows:
.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS ~
REFERENCE,
which is commonly known as 1091 Arden Drive ,
A.P.N 258-343-10 ("PROPERTY II hereinafter). In
consideration of the approval of EN 419-89
~ by the City of Encinitas ("CITY"
. i ~ hereinafter), OWNER(s) hereby make(s) an Irrevocable Offer of
Dedication, for the benefit of CITY, of the hereinafter des~ribed
real property for PUBLIC RIGHT-OF-WAY The real
property referred to above is situated in the City of EnciDitas,
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,County of San Diego, State.of California, and is more particularly
. described as follows:
SEE EXHIBIT liB" 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
asslgns, 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 fu.rther offers CITY all trees, growths (gro'wing
or that may hereafter grow), and road building materials w:Lthin
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 .
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. This Offer of Dedication is made pursuant to Section 7050 of
. the Government Code of the State of~alifornia 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 ln accordance with the summary
vacation procedures ln 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
.~1 shall be entitled to full reimbursement of all costs, including
reasonable attorneys I 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.
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Owner
/.:2-I/--~q ~a~tee
DATED
DATED
Signature of owners must be
notarized. Attached 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.
Date: /2- I ~,. ~ q By: ~. +;HA~Manag er
City of Encinitas
. . 2022
STATE OF CALIFORNIA)
) SSe
COUNTY OF SAN DIEGO)
On December 11, 1989, before me, the undersigned, a Notary Public
in and for said State, personally appeared Marion Fraser, proved
to me on the basis of satisfactory evidence to be the Trustee under
Declaration of Trust dated September 21,1987, and to be the person
whose name is subscribed to the within instrument and acknowledges
that she executed the same as such Trustee.
WITNESS my hand and official seal.
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, -, CfFICIAL SEAL
X \. LEONA V KAUFLIN
ø:;~¿ V ~~ '.."'..".;>":"NO¡"r¡y n....::'LlG-CALlFOf\NiA
$ \S¡-i/ $,1'1 D IW) COUNTY .
'" r'\i (X~\N. F;.,? 1'2:,.31,1'.:::) a
Notary Public in and f said State Lr'\..'.:";: ~.~.;-:,=.",:;,)"""~>,,,,~;,...;;¡.':r
PL/ACK-T-EW
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. 2023
EXHIBIT "A"
The South Half of Lot 15 in Block ";D" of ENCINITAS HIGHLANDS,
in the City of Encinitas, County of San Diego, State of Cali-
fornia, according to Map thereof No. 2141, filed in the Office
of the County Recorder of San Diego County, December 4, 1928.
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EXHIBIT "B"
That portion of the south half of Lot 15 in Block "D" of
ENCINITAS HIGHLANDS, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 2141, filed in
the office of the County Recorder of San Diego County, December 4,
1928, lying westerly of a line that is 30 feet easterly of and
parallel with the centerline of Arden Drive as shown on said Map
2141.
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. t SUBORDINATION AGREEMENT 2025
8 Whereas, those parties concerned, desire to have the Deed of Trust
recorded 06-18-87 as file/page No, 87-341489 subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval Of EN 419-89 ("DOCUMENT"
hereinafter) i
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.
/;¿ - J' -- d í
DATED
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.-:,\< Signature of BENEFICIARY or trustee
to be notarized. Attach the
approprlate à~owledgement.
8
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 IL-I"ß..-~q By ~~i-\~
WARREN H, SHAFER, Cl~y Manager
City of Encinitas
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