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
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