1989-460727
89 460727
1742
Recording Requested By: )
City of Encinitas )
) 89AUG28 PM 1:50
)
When Recorded Mail to: ) " YEP/.; L LYLE~
Ci ty Engineer ) ¡ COOl" 'I ¡¡rCORDER
CITY OF ENCINITAS ) 1_- ,,' :...
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 ) NO~
) SPACE ABQ.VE FOR
) RECORDER'S USE ..-;).
IRREVOCABLE OFFEx TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF 116-89
Assessor's Parcel
No. 260-411-23 Project No.: Ef\J IIt,,-&
W.O, No.: flJlA
Thomas Young and Rose E. Young, husband Log. No.: 2/0
and wife as joint tenants and C.A. Giordano, '-
an unmarried man
("OWNER" hereinafter) is the owner of real property described a,3
follows:
SEE .EXHIBIT "A" ATTACHED HEIŒTO AND þI.ADE A PAHT HEHEOF' BY THIS
REFERENCE,
which is commonly known as EDINBURG TWIN HOMES ,
A.P.N 260-411-23 ("PROPERTY" hereinafter). In
consideration of the approval. of _~!i_!..16-89
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,
TF/O3/COVl-95wp5 (6-13-89) 1
Cc# L\ '7
1743
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 andj 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 vIi th
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
TFjO3jCOVl-95wp5 (6-13-89) 2
1744
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 irrevoc<'.ble 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.
TFj03jCOVl-95wp5 (6-13-89) 3
THIS CERTIFICATE IS ATTACHED TO AN ¡IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
STATE OF CALIFORNIA 55 FOR PUBLIC RIGHT OF WAY 11116-89
COUNTY OF ~~nge -- . , "'! TO
.!' On thIS ?ht-h day of Tuly , in the year 1 -1.J
~ 1989 , before me, the undersigned, a Notary Public in
<n and for said County and State, personally appeared ROSE E
YOUNG - - - - - - - ---- ,
-' p/ri¿rI.,'¡'y/o/rJ,U iJ'¡"¡' (or proved to me on the basis of satisfactOry
~ evidence) to be the person whose name
~ is "'--,,~ subscribed to the within instrument and
UJ ~ acknowledged that -, "hp executed the
-' -
.... same. ". "
~ Signalure ~;~¿~ ¿;/?~~
¥ ~ Barbara A. Lunde
u .
ûí Name !Typed or Printed)
Notary Public In and for said County and State
F2492 R 6/84 FOR NOTARY SEAL OR STAMP
1745
t,. I j JC( )(
DATED
'-/- Ig..81
DATED
1~ c16.-Þ 81
,
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On April 18, 198....L, before me, the undersigned, è.
Notary Public in a:ld for said State, personall:.:
appeared Thomas Young and Charles A. Giordano , known to me or
proved to me on the basis of satisfactory evidence to be the
person '"hose name is subscribed to the within instrument and
acknowledge that they executed the same,
h'ITNESS my hand and official seal. Jw7~~.~
OFFICIAL SEAL
MELANIE M, ADAMS
NOnRY PUBLIC.. Chum"N", Notary Public In and for
SAN DIEGO COUNTY said County and State
MyComm hp;",O,t. 26.19'10
- certify on beh2.1f of the City Council of the City of
- E:1cinitas, pursù2.nt to authority conferred by Resolution of
s2.id Council adopted on July 27, 1987 that the CÌ1::y of
E;:c:nltas consents to the ma}:ing of the foregoing Irrevocable
C ::e:; of Dedic2.tion and consents to recordation thereof by its
èc::"y authorized officer.
Date: 'ð' L-I - èS<{ By: ¡.;.~E~ H;;;~'a na g e r
City of Encinitas
'T.?/O4/COVl-4 5',,'p 4(11-2-88-5)
1747
EXHIBIT "A"
Lots 17, 18, and 19 in Block "E" of Cardiff "A", in the
City of Encinitas, County ot San Diego, State of California,
according to the Map thereof No. 1334, filed in the office
of the County Recorder of San Diego County, May 12, 1911.
1'743
EXHIBIT "B"
That portion of Lots 17,18, and 19 in Block "E" of
Cardiff "A", in the City of Encinitas, County of
San Diego, State of California, according to the
Map thereof No. 1334, filed in the office of the
County Recorder of San Diego County, May 12, 1911,
lying Northeasterly of a line that is 30.00 feet
Southwesterly of and parallel with the centerline
of Edinburg Avenue as shown on said Map No. 1334.
1.49
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 6/29/1988 as file/page No. 88-315178 subordinated to
Irrevocable Offer to Dedicate Real Property For Publ~ R/W Required
As Condition of Approval Of EN 116-89 ("DOCUMENT"
hereinafter); .
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, t undersigned B EFICIARY OR TRUSTEE
hereby waives the prior it of said Dee Trust in favor of said
DOCUMENT to the same ext nt a OCUMENT had been executed
prior to said Deed of T ust.
August 4, 1989
DATED THRIFT AND LOAN ASSOCIATION
By: M"chael J. Hunter
Title: Vice President
Signature of BENEFICIARY or ~rusteel
to be notarized. Attach the J
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.~thorized officer.
D ate -Î:::.1::i: ~ By W ClAA...- --!J ~ ---
WARREN H. SHAFER, City anager
city of Encinitas
Corporation Acknowledgment
CI) GTATE OF CALI FORNI!,\ ì SS
:¡:: COUNTY OF San Dlego )'
~ On this ~ day of Augus t , in the year 19~, before me, the undersigned, a Notary Public in
- ¡;j:z and for said County and State, personally appeared Michae 1 J, Hunter . -,
~ § ~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the
~ ~ 8 'th" t t Vice President of First Fidelity Thrift and Loan
0 0\,1 UJ WI In inS rumen as n -
" Zu
~ ~ Associat ion -- or on behalf of the corporation therein named, and
~ >-. :J
g .-:::::£ acknowledged to me that such corporation executed it.
~ ë;) - . . Notary Seal
"'0 WITNESS my hand and official 5eal.
tî: ~W ~ OFFICIAL SEÃL
MELANIE M, ADAMS
e. . r. NOTARY PUBLIC - CAl'ronNIA
§ - SAN DIEGO COUNTY
'I <Ii My Comm. Eop"" 0". 26, 1990
Notary Public in and for 5aid County and State
FH