1989-674627
;.: . 477 8.67~627
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';::'~. Recording Requested By: r:?i.f/â:2t'~\~ê))t!,~
)
) OFSM'[)¡¡"cCrL"r'~~cA
City of Encinitas ) 89 OEC 13 AM 8: 20
)
When Recorded Mail to: ) L YEP/, L. LYLE~
City Engineer ) ~OI!NrY kFCORO£R
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOE
For the benefit of the City ) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY NO FEE
FOR PUBLIC RIGHT-OF-WAY ~ REQUIRED AS CONDITION
OF APPROVAL OF EN 306-89 >.
Assessor's Parcel
No. 254-321-84 proj ect No.: 6J 30:,-81
w.o. No.: AI/A
Log. No.: 2..:%.
George W. Walker, II and Elizabeth E. Walker
("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 1048 Hygeia Avenue ,
A.P.N 254-321-84 ("PROPERTY" hereinafter). In
consideration of the approval of EN 306-89
by the City of Encinitas ("CITY"
.
hereinafter), OWNER(s) hereby makers) an Irrevocable Offer of
Dedication, for the bepefit of CITY, of the hereinafter des~ribed
real property for PUBLIC RIGHT-OF-WAY The real
property referred to above is situated in the City of Encinitas,
TP/Ol/COVl-95wp5 (G-13-89) 1
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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.
'Cr¡Ol¡COV1-'1';wp'j (6-U-8')) 2
II . 479
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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.
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¡ i Owner:
Id~~ ( 4
DATED II
\ è.- / 5 / 'Be; ~ L#J t u c---z-
DATED Elizab th E. Walker
Signature of owners must be
notarized. Ateach 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: h--"'b -'ís"\ By: W~-+\ ~
WARREN H, SHAFER, 'ty Manager
City of Encinitas
II ~ STATE OF CALIFORNIA San Diego iss.
0 COUNTY OF . .
~ December 5, 1989 ,before me,theundersigned,a Notaoy Pubhc In and for
8 On Georqe W. Walker. II and
. said State personally appeared lk
~ ' Elizabeth E. Wa er
~
g
0;
E
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~ personally known to me (.......""",g.jQ",,"....."".I>aoia.of...'i..
~ f!!OIaI1"VI<MTce) to bathe person(s) whose name(s) ie/are sub-
:Q scribed to the within instrument and ecknowledged to me thet . aM L SAllUas
., IIØIM'IPI8UC.QUORNA
~ he/she/they executed the same. INlDEIIOc:ouN1Y
I::: _CøoIn.ÐoIIInIAua.28, 1992
~ WITNESS my hand end official seal. .
g . (!of~d ~~ (Thisereaforofficialnot.nalseal)
'"' Signature
TF/OJ/COV1-')~jwp'j (6-1]-89) >1
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EXHIBIT "A"
The Northeasterly 100.00 feet of Lot 25 in Block 4 of SOUTH
COAST PARK, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 1776, filed
in the Office of the County Recorder of San Diego County,
January 11, 1924.
., .
,,' ,-, . 482
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EXHIBIT "B"
That portion of, the Northeasterly 100.00 feet of Lot 25 in
Block 4 of SOUTH COAST PARK, in the City of Encinitas,
County of San Diego, State of California, according to Map
thereof No. 1776, filed in the Office of the County Recorder
of San Diego County, January 11, 1924, lying Easterly of a
line that is 30.00 feet Westerly of and parallel with the
centerline of Hygeia Avenue as shown on said Map No. 1776.
, '" WN'-~ 707"3 (D . . 483
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 11-15-88 as file/page No. 88-'iR'i?lO subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval Of EN 306-89 ("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.
November 28, 1989 COMPANY
DATED
By:
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 \L-'6-"ðC(, BY~) ~~~ -4~
WARREN H. SHAFER, ci Manager
City of Encinitas
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Commonwealth of Massachusetss)
) SS:
County of Suffolk )
On this 28th day of November, 1989, before me, the undersigned
a Notary Public in and for said Commonwealth of Massachusetts
duly commissioned and sworn, personally appeared to me Susan J.
Rice to me known to be the Assistant Vice President of
State Street Bank and Trust Company the corporation that
executed the foregoing instrument, and acknowledged the said
instr~ent to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed the day and
year first above written.
~. ~~L ~
Denise M. Dever
Notary Public in and for
the Commonwealth of Massachusetts
My Commission Expires: 5-11-95