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1990-134950 .' . 890 134950 . ',: 580 " Recording Requested By: ) City of Encinitas ) MI 8: 20 ) 90 HAR !!¡ ) When Recorded Mail to: ) City Engineer ) CITY OF ENCINITAS ) 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) ) SPACE ABOVE FOE i'<10 FEE ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF EN 311-89 Assessor's Parcel No. 258-234-16 Project No.: £'-13/1-.9'( W.O. No.: NI..t¡ Log. No.: 234- TROY K. JOHNSON, a single man ("OWNER" hereinafter) is the owner of real property descr~~ed as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PÞ3T HEREOF E:; THIS REFERENCE, which is commonly known as 911 Stratford Dr. A.P.N 258-234-16 ("PROPERTY" hereinafter;. In consideration of the approval of 311-89 by the City of Encinitas ("CITY" hereinafter), OWNER(s) hereby makers) 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 thiO City of Encinitas, TV/OJ/COVl-9~wp~ ((;-13-89) 1 . . 581 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 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 further offers CITY all trees, growths (growing or that may hereafter grow), and road building materials wj,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. 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 RIGfIT-OI'-W^'l Tl'jOljCOVL-Q5wp5 (b-lJ-W) 2 . . 582 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 PROPEETY. 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/OJ/COVl-95wn5 (,;-Li-WJ) ) I I . . 583 /}Ill ~ k-- Owner: I ~-' ~g -Cd 1 !!4~ . - DATED DATED 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 2ì, 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: ')- 13- q= By: ~~~FE~ager City of Encinitas . . TF/ OJ/COV1-C) '5wp'j (li - LJ -8 ')) 1 '. . . 584 EXHIBIT "A" The South half of Lot 18, Block "B" of Encinitas Highlands, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 214';', hled in the Office of the County Recorder of San Diego County, December 14, 1928. :- , -' .. . . .- 585 EXHIBIT "B" That portion of, the South half of Lot 18, Block "B" 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 14, 1928, lying Westerly of a line that is 30.00 feet Easterly of and parallel with the centerline of Stratford Drive as shown on said Map No. 2141. ,. . . 586 - '. :', SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded - as file/page No. - subordinated to Irrevocable Offer to Dedicate Real Property For Public R/W Required As Condition of Approval Of ø-tJ 3//-31 ("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. December 21, 1989 BANCNET MORTG GE CORPORATION DATED BENEF A 0 TRUSTEE By: Tit . 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 ';1 -aking of fhe foregoing '~ordinatioo Agreemeof. and oonôenfô fo '~~tion thereof by its duly authorized officer. "'10 By W~+\~ ¿liE 81'41'£ WARREN H. SHAFER, City Manager OlJ}r1'}' 0 0]> Tc 00 ci ty of Encinitas 'Ji' ~XAs llPO this dlt/EPOllE DiJLLAs 1lÆ710/{ 40lOy subs pel'sonltlf::, the lJJ¡d °1vLl?J)G Of th ~rjbed t PPeltred erSigned. .ð{¡¡:/{1' as' Oth 'It/{ It eoI' ltld e fore. JJ¡.v Otltr PUrPosPOrlttion ~Olng ins; knolVn 8. li~ PUblic. 587 es ltTld e~nlt~d .thltt~~ rUTr¡ent to Tr¡e toICK, IrI~n It!¡d for 4.1) G/VEN SIÒerltt" (S)he Ge ~ ltek be th ~ Pl?E;sz Sltiò 0 . 19 89 llN1)Ell Ion there~XeeUteò :lQv TlOlVleòge~perSoTl DE:NJ: olJJ¡ty ltTl . 111}' li4 TI eXpre the SltTr¡ to Tr¡ It!¡ò off' ò 8tltt N1) 4N1) Sseò, It!¡ò ~ lts th e thltt th leer IVh e, on lI1y e ~ In the e ltet e SltTr¡e ose TlltTr¡ OTr¡Tr¡isSi: 01" 01'1" eltPlteit Of such IVI1.s the e is ~ 0" 0 ~OE tJ;¡is thY thereiTl ~~rPOrlttio ltet -, fl. /! / .-: ,e21sJ: ltteò. TI for th ' NOt~ LI/~l 1/1/ ÒltYof e Il:la." Y PUb/" '. !~J!,1" Decelllbe l !Tle C Ie In 'to,- 1:' . G:i.11Tle:nÒ for -