1989-634529
on 634529
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Recording Requested By: ) ,
City of Encinitas ) AM 8: I 0
) 89 NOV 22
) ; VERt. L. LYLE t
When Recorded Mail to: ) ¡ CO"T.t.~';,v""rR
City Engineer ) L.- \,i'\¡. ,".t-~:.;"-u ~
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOE
) RECORDER'S USE
IFREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 307-89
NO FEE
Assessor's Parcel
No, 262-171-36 proj ect No.: £¡.j .307-8 (1
W.O. No.: IV //'1
Log. No.: 2.2-8
MICHAEL L. FREEMAN AND DEE ANN CASENAVE,
husband and wife, as iointtenants
( II OWNER" hereinafter) lS the owner of real property descr~bed as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE Ã PART HEREOF EY THIS
REFERENCE,
which is commonly known as 1381 Calle Christopher I
A.P.N 262-171-36 ( II PROPERTY II hereinafter;. In
consideration of the approval of EN 307-89
by the City of Encinitas (" CITY II
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 situated in the City of Encinitas,
TFjOJjCOVl-95wp5 (6-13-89) 1
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County of San Diego, State of California, and is more particularly
described as follows:
SEE EXHIBIT "BII 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
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 f~rther offers CITY all trees, growths (gro'w ing
or that may hereafter grow), and road building materials wi.thin
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.
TF/O3/COVl-95wp5 (6-13-89) 2
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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 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
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.
TFj03jCOVl-9SwpS (6-13-89) 3
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Owner:
/1 //tJ( /{c¡
DATED ' ,- lC-HA L . FÆ££Þ1/'fJ../
II / /(; JT7 I /] I .
íC¡:d(iL,,- jJ.IJUId.( l(
DATED I / ' DEE W CASéNAVé
Signature of owners must be
notarized, Attach the
appropriate acknowledgement.
I certify on behalf of the City Council of the City o£ 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: /('-/)-~1 By: W,"-- ,~~
WARREN H, SHAFER, City Manager
City of Encinitas
,
I STATE OF CALIFORNIA, ~ SS. ,
COUNTY OF SAN DIEGO
¡j,',c,/ot.., //' ' ',-'{f
ON / (' () '/J ¡,' I' ' /., fJ , 19~,
before me, the undersj,gned, a Notary Pu~ic- in and f~r said St~te" pmonally appeared
;1' :.'JJ/I.::,:'.<, rf-:',,~[,1./ /v .,." ¡.,/.cd I?"//'; !"'+'7~¿r+[C
, known to me,
to be the person~ whose name:> ,J,"':' subscribed to the within Instrument,
and acknowledged to me that ~he~ executed the same. ¡
OFFICIAL SEAL
WITNESS my hand and official seal. ELLEN S CONOl TV
NOTARY PUBLIC-CALIFORNIA
I. SAN DIEGO COUNTY
MY COMM. EXP. JAN 20,1990
II
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ACKNOWLEDGMENT-General-Wolcotts Form 223-Rev, 3,64 -
, . 7548
..
EXHIBIT "A"
Lot 62 COUNTY OF SAN DIEGO TRACT 3808, in the City of Encinitas,
County of San Diego, State of California, according to Map thereof
No. 10696, filed in the Office of the County Recorder of San Diego
County, August 11, 1983.
I
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EXHIBIT "B"
That portion of Lot 62 COUNTY OF SAN DIEGO TRACT 3808, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 10696, filed in the Office of the County Recorder
of San Diego County, August 11, 1983, lying Easterly of a line that
is 30,00 feet Westerly of and parallel with the centerline of Calle
Christopher as shown on said Map No. 10696,
Together with that portion of said Lot 62 lying Westerly of a line
that is 30,00 feet Westerly of and parallel with the centerline
of said Calle ChristopherAND lying Northwesterly of the 20.00 foot
radius curve, concave Northwesterly and located at the Northwesterly
corner of Calle Ryan and Calle Christopher adjoining Lot 62 as
shown on said Map No, 10696 AND lying Southeasterly of a 20.00
foot radius curve, concave Northwesterly, said curve being tangent
to said line that is 30,00 feet Westerly of and parallel with the
centerline of Calle Christopher and tangent to the Northerly
sideline of said Calle Ryan.
" I: . .
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 2-1-1985 as file/page No. 85-035028 subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval Of EN 307-89 ("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,
S7'f~ / ~I I 9 r? BEN?;~h:': ~R~ S TEE
DATED
By: /lAtA-f,! L. /-1 '-4.. O',.f
Title: V, '- e ¡J ~; d..€..-.:I-
Signature of BENEFICIARY or trustee
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 11-1)-21"1 By O"^"'^- -W ~
WARREN H. SHAFER, cit anager
City of Encinitas
'
\ STATE OF CALIFORNIA, } 5.S ftmlmPEAIAL [
COUNTY OF SAN ~IEGO , '" . "~7 CORPORATiOn
On this the /~J-, day of S*'?ttmht f 19_, . 2f.I~c;æ!~ICA
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared mar 'I ¿, l-/uN7
proved to me on the basIs of satisfactory evidence FOR NOTARY SEAL OR STAMP
to be the Vice President, and -,
-----,--,- ' proved to me on the basis of
satisfactory evidence to be the Assistant Secretary of the corporation that ex-
ecuted within instrument, on behalf of the corporation therein named, and acknowl- OFFiCIAl SEAL
, edged to me that such corporati°.!1 executed the within instrument pursuant to its . TRISTINA M. CRUZ
by-laws or a resolution Of\~ otdi~ectors, . . /' ( (í ,-" . i .' .-- IOTARY PUBLIC, CAlIRNINIA
PRINCIPAl OFFICE IN
,{ltL[éllIC:L /c C/ - SAN DIEGO COUNTY
lIy Commtøaoø hp. So,t 12. I!I ~
(Notary signature line) ..", °'"
7> 1-5 ¡; ""'-1 /).'}. ('¡-H2.
("Notary's name shall be typed or legibly printed")
(See, 8205 - Government Code 1959)
l8X-O301 (1-83)
0....-