1989-659688
.' 89 659688
.' .
. 0 841
0 ReCbrding Requested By: )
City of Encinitas )
)
) 69 DEe -6 AI1 9: 25
When Recorded Máil to: ) . VEqA L.LYLE!-l
City Engineer )
CITY OF ENCINITAS ) L..!:.OUNTY RECOH¡fR
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOE 1íõm / J-
For the benefit of the City ) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY, REQUIRED AS CONDITION
OF APPROVAL OF EN 387-89
Assessor's Parcel
No. 254-221-29 Project No.: EN 387-89
W.O. No.: N/A
Log. No.: 293
Kimberley A. Stewart, an unmarried woman
("OWNER" hereinafter) is the owner of real property described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PA..'R.T HEREOF BY THIS
REFEIŒNCE, ¡
,
!
I
which is commonly known as 158 Jupiter Street
A.P.N 254-221-29 ("PROPERTY" hereinafter). In
consideration of the approval of EN 387-89
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 des~ribed
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
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~gw
: . . 842
'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 wj.thin
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
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. . 843
.' 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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.~, . . 844
Owner:
DATED 1°1.27/61 f::::.f~:/;:¡.E,,~
.
DATED
.
, 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: l\~?9kß'\ By: I\;j~ -k ~
WARREN H. SHAFER, ty Manager
City of Encinitas
'" STATEOFCALIFORN~ ~. Iss 845
~ GOUNTYOF a 0 J
~ On ()C" X ~ ~ \ ,before me, the underSigned~ary Pubiic in and tor
~ said State, personally appeared C..'N'~IOY"\~..\, ~ "E'~
f0-
e
.
u
'c
~
..
. personally known to me (or proved to me on the basis of satis-
~ factory evidence) to bethe person(s) whose name(s) is/are sub- --
¥ scribed to the within instrument and acknowledged to me that ~ ~
~ he/she/they executed the same, _":"-:":':a-
~ WITNESS my ha"d and official seal.
¡ "'""""'~'\ \o~1' ","_w~,."~""...,
" . .
846
EXHIBIT "A"
The Southerly 80.00 feet (measured along the Easterly and
Westerly lines thereof) of Lot 9 in Block 3 of SOUTH COAST
PARK NO. 4, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 2049, filed
in the Office of the County Recorder of San Diego County,
July 26, 1927.
EXCEPTING THEREFROM the Westerly 20 feet thereof.
. .
847
EXHIBIT "B"
That portion of said Lot 9 as described in Exhibit "A"
above, lying Southerly of a line that is 30.00 feet Northerly
of and parallel with the centerline of Jupiter Street as shown
of said Map No. 2049.
STATE OF CALIFORNIA }
COUNTY OF ORANGE 55, ,;
On this 14th day of NOVEMBER ,in the year :t
~ 1989 -. before me, the undersigned. a Notary Public in
iii and for said County and State, personally appeared
WILLIAM S. ASHMJRE personally known
to me (or proved to me 0" the basis of satisfactory evidence) to be the
SENIOR VICE President. and
~ XXXXXXX
~ personally knowo to me (or proved to me on th. e basis of satisfactory ~' \'" "., Ot~~~~,L F~~~L
~ evidence) to be XXXXX , , . Nola Publlc.canfomla
w a: ~f the corporatIOn that executed the wlthlO Instrument. and . . - O~NGE COUNTY
~ 8 acknowledged to me that such corporation executed the wlthlO IOstru-
j: ment pursuant to its by-laws or a resolutio f Its board 0 directors, ,.' My Comm, Ex¡> Mar 4, 1990
0
"
'"
~ ~ Signature
U iii SHEILA FREY
Name (Typed or Printed)
Notary Public in and for said County and State
F 2467 R 1 t /62 (This area for official notarial sea )
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. 84a
.'", " .
" ,. SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 09-22-89 as file/page No. 89-513199 subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval Of EN 387-89 ("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.
II-J4-<fì
DATED
Title:
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 11- ('7-81 ByW~-N ~
WARREN H. SHAFER, ity Manager
City of Encinitas
.
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