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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