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1990-98659 2157 Redording Requested By: City of Encinitas When Recorded Mail to: City Engineer ) CITY OF ENCINITAS 527 Encinitas Boulevard, Suite 100 Encinitas, California 92024 ) SPACE ABOVE FOR NO FEE RECORDER'S USE ` IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF EN 253-89 Assessor's Parcel No. 256-351-36 Project No.: EN 253-89 W. 0. No.. N/A Log. No.. 35q May Partners, aCalifornia General Partnership ("OWNER" hereinafter) is the owner of real property described as follows: SEE EXHIBIT "A") ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, _ which is commonly known as 352 La Mesa Avenue A.P.N - 256-351-04 ("PROPERTY" hereinafter). In consideration of the approval of EN 253-89• 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 RIGHT-OF-WAY The real property referred to above is situated in the City of Encinitas, r TF/03/COV1-95wp5 (6-13-89) 1 2158 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 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 TF/03/COV1-95wp5 (6-13-89) 2 2159 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 may add to the tax bill of OWNER an opportunity to respond, CITY y 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/03/COV1-95wp5 (6-13-89) 3 C~-tLO° Owner: DATED ~7 r DATED t 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 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: By. I - WARREN H. SHAFER, y Manager City of Encinitas ~r State of On this the C day of 7-- SS. 7beifore me, County of the undersigned Notary Public, personally appeared Q personally known to me LEA O FICIiAL WAL ❑ proved to me on the basis of satisfactory evidence RINE T. TIERNEY to be the person(s) who executed the within instrument on behalf of the Y PUBLIC•CAUfpR1I►A DIEGO COUNTY partnership, and acknowledged to me that the partnership executed it. P. APR. 23,1993 WITNESS my hand and offici I seNotary's Signature r PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 2161 EXHIBIT "A" Lot 7 in Block "G" of SEASIDE GARDENS, in the City of Encinitas, County of San Diego, State of California, according to Map there- of No. 1800, filed in the office of the County Recorder of San Diego County, August 6, 1924. EXCEPTING THEREFROM the Northerly 2.00 feet of said Lot 7. 2162 EXHIBIT "B" That portion of Lot 7 in Block "G" of SEASIDE GARDENS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1800, filed in the office of the County Recorder of San Diego, August 6, 1924, lying Easterly of a line that is 30.00 feet Westerly of and parallel with the centerline of La Mesa Avenue as shown on said Map No. 1800. EXCEPTING THEREFROM the Northerly 2.00 feet of said Lot 7. 2153 f SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 08-03-88 as file/page No. 88-381519 subordinated to Irrevocable offer to Dedicate Real Property For Public R/W Required As Condition of Approval of EN 253-89 _ ("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. i r DATED B NEFICIAR O RUSTEE For: May Partners Title: Partner 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 uthorized officer. Date 'L ~d By e WARREN H. SHAFER, City Manager City of Encinitas 19~, before me, On this the day of F SS. the undersigned Notary Public, personally appeared } OFFICIA48EAL personally known to me THERINE T. TIERNEY %Ao T ARY.UBL1C CALIFORMIA L1 proved to me on the basis of satisfactory evidence SAN OIEGO COUNTY to be the person(s) who executed the within instrument on behalf of the MY COMM. EXC. ANt. 23,1993 partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official Notary's Signature ...r. n...cc.~nnrin•i _ non.n i.......... nI.,A . 1NnnA I-A WiI1c (.A Q1 AAA