1990-319707
. "; F . . 319707
Recording Requested By: 1341) --
City of Encinitas ~
)
When Recorded Mail to: ) 50 JUN 13 AM 9: 35
City Clerk )
.,,- CITY OF ENCDlITAS )
. 527 Encinitas Boulevard, suite 100) --
: Encinitas, California 92024 )
) SPACE ABOVE FOR
) RECORDER I S USE
NO FEE
IBREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR Right of Wav REQUTIŒD AS CONDITION
" OF AJ?PROVAL OF Building Project
Assessor I s Parcel Log. No - : 44'1
No. 260-412-42 & 43 Project No.: N/A
W.O. No.: N/A
--.- .'.: - - Robert E. Kinsman, Dolores Kinsman and Jerry Peters
(nOWNER" hereinafter) is the owner of real. property described
2136 & 2140 Glasgow Ave.;' Cardiff, CA,
.SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is commonly known as 7116 [., 7140 r.bo~o'" A"p r.";',1; ff r.A ,
"-'.,~-c--=-oc:-~,,=1;~~..~~.~60-4l2-42 &43.",. "',. (1t~~~~~~~~Ei::~~af!..~J:-.:cIn
consideration of the app=val of Building and Planning Departments =
for building perm; tH 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 RIGHT OF WAY PURPOSES .
The real property referred to above is situated in the èity of
Encinitas, County of San Diego, State of California, and is
more particularly described as follows:
TF/04/COVl-45wp 1(11-2-88-5)
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. 1346 .
SEE E.."ŒIBIT "B" ATTACHED HE...'qET0 AND MADE. A PART HEP.ETO BY THIS
REFERENCE .
OWNER hereby fur"..her offers to CITY the privilege and
right to extend drainage struct=es -and excavation and
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n__-..-.., ..---_.... ..-...... -,_.. ,--,....- u_-, u- ,... --
e1IÙJankment s~opes beyond the Hmits;_~f th~,"hereindes~ibed
right-of-way where required for .-the - const=ction and
maintenanca of said RIGHT OF WAY . RESERVING
unto OWNER, . his successors or assigns, the right to eliminate
such s~opes and/or drainage struCtures or portions thereof,
when in the written opinion of c:tTY, the necessity therefor is
removed by substituting other protection, support and/or
drainage facility, provided such substitution is first approved
-in Writing by -Çuy.---
hereby further offers '-cCITY al.l. trees, growths
(gT.o.r.:ng or ~t may hereafter gT.ow), and road bui~ding
;,material.srithin said right~f-way, inc~uding the right to take
--wat~;:::t~~ether with the right to use the same in such manner
and at such ~ccations as CITY may deem proper, needful. - or
necessary, in the construction, reconstruction, ÍJIIprovement or
-------------------,--- -..---
.. - - mab;.t:en;rnce of - saièi~pùbIIë- right-of=WaY;- -'~~_:=--~~_.-- ;:
--- - OWNER, for himse~f, his successors and assigns, hereby
'>,',.
waives - c~aim for any and a~~ damages to OWNER'S remaining
property contiguous to the right~f-way hereby conveyed by
reason of the ~ocation, construction, ~andscaping or
maintenance of said RTr.H1' OF WAY
This Offer of Dedication is made pursuant to section 7050
TF/04/COVl-4Swp 2(11-2-88-S)
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I J
of the Gover=e&ode of the State of c~!8rnia 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
stDllJl1ary vacation proced=es in Section ~ S3 00 et. seq. '~of the
'" Streets and Hígh'.;ays Code of the State. of Califoz:nia. The
,termination and abandonment may be made. by CITY. "-.
This Offer of Dedication shall be i=evocable and shall
run with the land and be binding upon and Í11=e to the benefit
of.. ~i::1Jre owners, encumbrancers, successors, heirs, personal
,representatives, transferees and assigns of the respective
. parties .
.. At tilne of acceptance of this offer any and all trust
deed(s) . and ease¡¡¡ent(s) shall be. subordinated to this Offer of
Dedication.
Ow""NER agrees that OWNER I s duties and obligations under
.this ,Offer .of Dedication area. lien upon the PROPERTY. Upon
notice and opportunity to respond,.~ CITY ma.y add to the tax
- bill ~of .OWNER ~y past due financial obligation owing to CITY
-~.~ ,"Co?::-: -_..~'..by, .way .of",this : Offe:r::,.of,.~Dedication-=~,,="?c::=-.,-=?~~~~=~-:.-=
If either OWNER or CITY is required to in= costs to
, ' enforce the previsions of this Offer of Dedication, the.
prevailing party shall be entitled to full reÍ1llburse¡¡¡ent of all
I 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/COV1-45wp 3(11-2-88-5)
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Februarv 27 191\9 d. ",:<:c't/~, It' <,< ~ - - =~
DATED Ower -....,
/X~!M¿ ,~/~
Febru.arv 27 1989 ....'tp:=""" t' ..- ."j~".". 'A",,-./y,~:/L-.. /
DATED /.--1:Twner
'..-"--'-...--.----.---,.-- Ž<' h ,. , .-,
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,STATE OF CALIFORNIA) -,
~ .' . . . ) ss:
5OUNTY OF SAN DIEGO) . ' ,
On' :.cV,.b1'->-,¡¡.¿' ,..::.. 7 I 198~, before me, the undersigned, a
Notary ~lic in <t\ld fo~ said state, personally
appeared¡<ûocr t' ,1-.'1\\/}1," .,. ['".JÌ_"e(, J..iIlSr¡,.1¡: " known to me or
proved to me on the basis of satisfactory evidence to be the
'person whose =e-.'~ subscribed to the within instrument and
acknowledge that -' '( , } executed the same.
'. L'
WITNESS JIIY hand and official. seal.. ) !
v
¡-
i
CAT. NO. NNO0627
TO 1944CA (9-84J 1349d11 -
(Individual) fIJ TICOR TiTlE INSURANCE . -
I' STATE OF CALIFORNIA } of
( , L of
COUNTY OF ~"'" °'('7 ( SS. of
l On 't. - I . II c¡ b f h . able
. e are me, t e undemgned. a Notary Public in and faT .
sa¡d State, personally appeared JC,...y 7,..+e,-" lots
.. . personally known to me or
~ proved to me on the basis of satisfactoTY evidence to be
Iii the person-~\vhose name -- subscribed to the -
f within instrument and acknowledged that ~ exe- ,ager
t cuted the same.
WITNESS my hand and official seal.
[ Signa1ure&'U¿t'..- Ú ~."..-("~-<:-
(Thi, a<ea for official no[a,jal ""al)
._, ~,,-_.- ---0'
i )
..- .::-~~ ':1
. 1350.
EXHIBIT "A"
Lots 9 and 10 in Block 41 of Cardiff "A", in the City of
Encinitas, county of San Diego, State of California, according to
map thereof No. 1334, filed in the Office of the County Recorder
of San Diego County, May 12, 1911
.' . 13.
'.
"
EXHIBIT "B"
THAT PORTION OF THE LAND DESCRIBED IN EXHIBIT "A", WHICH
IS EASTERLY OF A LINE 30.00 FEET WESTERLY OF AND PARALLEL
WITH THE CENTERLINE OF GLASGOW AVE., PER MAP NO. 1334.
\
" . 1.
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SUBORDINATION AGREEMENT
Whereas, those parties conce=ed, desire to have said Deed of
Trust subordinated to Irrevocable Offer to Dedicate Real
Property For RniltHng 1)n~_'. Required. As Condition of Apprcva.1.
Of City of Encinitas ("DOCUMENT" hereinafter); ,-' , -, _m '
:_- Now, therefore, fer va~uable consideràtion, 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 DO~ had been
executed prior to said Deed of Trust.
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,1~""-'-<.<U'v.,~'1,"'¡CI (",.....~,'o ~,'-,.----.rh.'>",.-
DATED <J BENEFICIA;RT, }," ',~
By: 'K,j{Kr~
;'/
TitJ.e: ["'-: '-~"\""""'-<t~
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO>..
On r ~9S_r before. me, ,-the undersigned, a
Notary Public in ~ for said state, personally appeared------
, known to me or p=ved
to me on the basis of satisfac"=ory evidence to be the person
whose name is -subs=Ïbed to the within instrument and
-acknowledgetha.t - executed the same.
WITNESS my hand and official seal.
CAT,NO,NNOO737 -, --~ .,-~
TO 21945 CA (1-83)
t' (Corporation) , , (!» TICOR TiTlE INSURANCE - -
- STATE OF CALIFORNIA of
. COUNTY OF ~..... \ '\ e.{, I} } ss, of
On 2)2-: f\11 of
1 'd S. before me tbe under' d ~ .
g sal tate, personally appeared '('\,'~'_B-, +:> \< g~ sIgne . a Notary Public in and for ...~on
personally known to me or proved to me on tbe basis iuly
of satIsfac~ory evIdence to be tbe person wbo executed
% tbe WItbIn Instrument aStbe '-I, (C', C 1--"" "-mA,-
w ~,and \
~ personally known to "....""'..."'..""'oYo""""""",""'.~".ol'olV'o"oN'o-
¡ proved to me on tbe basis of satisfactory evidence~~ ~; ?' f I~I'\L ,'"\:~ :: r
tbe person who executed the witbin 'b RO,SoN L,tt PIN,KARD"
~ lI1mument as t e NO,A[IY P,oLC ;.
Secretary of tbe Corporation " , ' .
that executed the within inmum t d k I P,dOJc!,'"! '.
to me tbat such coTporation exec~~eda~b ac nowedged S'" LiEGO ~
[ ment pursuant to its by-law e,~ltbm, mSHu- My Commi"ion ['pin's J""',,y 23. 1991 ::
board of direct, s or a reso utlOn of Its "-o"./'o"h"o"W"ol'oN'o"VoJV'-o'V""'" .
WITNESSmY"~,,andoffiCialSeal,' -,--,'-",('~
.. < ~ .J \
Signature ¿ ",I ~\ \"('Y-"'~"'~~" '
I '. (ThIS a,ea fo, official not..ial seal)
TF/O4/COV~-45wp 5(11-2-88-5)
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