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1988-378161 . . í~--e- 37 8 I G !_- . 0 1109 \ I ~: j ";B~W"-" /11011 RECORDING R[:OU~STED BY: ), c ",[) t. "", FOUUCEF:'S tiTLE CO. ) When Recorded Mail To: ~ L_- City Clerk ) CITY OF ENCINITAS ) 527 Encinitas Boulevard, suite 100 ) Encinitas, California 92024 ) 1 -- ) <;?¿J '¡<J;c- ) SPACE ABOVE FOR RECORDER'S USE NO FEE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL FOR BOUNDARY ADJUSTMENT APPLICATION 88-028 BA Charles W. Leffingwell ("OWNER" hereinafter) is the owner of real property described as follows: A portion of Lot 8 in Block 8 of South Coast Park, in the County of San Diego, State of California, according to Map thereof No. 1776, filed in the office of the Recorder of said San diego County, January 11, 1924, described as follows: Beginning at a point in the Northwesterly line of said Lot 8, said point being South 16011' 30" West 191.51 feet from the Northwesterly corner of Said Lot 8; thence continuing South 160~1'30" West along said Northwesterly line 16.15 feet to an angle point at the intersection of Hygeia Avenue and Glaucus Street; thence South 15043 '30" East along the Southwesterly line of said Lot 8 192.85 feet, more or less to a point, said point being North 15043' 30" West 50 feet from the Southwesterly corner of said Lot 8; thence North 74016'30" East along a line parallel with the Southerly line of said Lot 8 and 50 feet, measured at right angles, Northerly therefrom 301.02 feet to a point in the Northeasterly line of said Lot 8; thence North 15043' 30" West along the said Northeasterly line 130.27 feet, more or less to a point, said point being South 15043'30" East 119.73 feet from the Northeasterly corner of said Lot 8, and being the most Easterly corner of the land conveyed to Eleanor B. McLaughlin by deed recorded January 18, 1954 as Document No. 6443 in Book 5114, page 202 of Official Records, in the Recorder's 03jCOVl-29wp (5-10-88-2) Page 1 of 5 II . . 0 1118 Office of said San Diego County; thence along the southerl~ line of said McLaughlin land as follows: South 74 16'30" West 60.05 feet; North 49048'30" West 86.64 feet, and South 75041'30" West 183.94 feet to the point of beginning; which is commonly known as 1095 Hygeia Avenue, APN 254-262-15 ("PROPERTY" hereinafter). In consideration of the approval of Boundary Adjustment Application 88-028 BA by the City of Encinitas ("CITY" hereinafter), OWNER hereby make(s) an Irrevocable Offer of Dedication, for the benefit of the CITY, the hereinafter described real property for Public Right-of- Way. The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described as the westerly five feet of the PROPERTY. The JWNER hereby further offers to the 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 of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the CITY, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the CITY. The OWNER, hereby offers to the CITY all trees, growths (growing or that may hereafter grow), and road building 03/COVl-29wp (5-10-88-2) Page 2 of 5 Ii . 0 _11 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 said CITY may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said Public Right-of-Way. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at nay time by the 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 seg. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the CITY. This Offer of Dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of the 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. 03/COVl-29wp (5-10-88-2) Page 3 of 5 . 811 12 OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the Property. Upon notice and opportunity to respond, the CITY may add to the tax bill of OWNER any past due financial obligation owing to CITY by way of this Covenant. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. -I' /. / ~. / / ~~~f.LtE'¡ <, / n kð Z i, (V{¡ , I DATED I' , ' 0 ER . '- STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) On May 12 , 198~, before me, the undersigned, a Notary Public in and for said State, personally appeared Charles w. Leffingwell known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledge that ~ executed the same. WITNESS OFFICIAL ,,- seal. DARLENE F TIGHE NOTARY PUOl 'C-CAUFORNIA SAN DIEGO caU/HY Mr~. EXP. MAY 17, 1991 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 7~/'-{~3t By ~^)G.AA- -i-J ~ WARREN SHAFER, Cit anager City of Encinitas 03/COV1-29wp (5-10-88-2) Page 4 of 5 . . 0 1113 ' ; SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to Irrevocable Offer to Dedicate Real Property for Public Right-of-Way Required As Condition of Approval for Boundary Adjustment Application 88-028 VA ("DOCUMENT" hereinafter); NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY 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. June 27, 1988 Imperial Savings Association DATED BENEFICIARY;- ì' ,,).- BY: ¡A~,._,-;/' ',' ! Mary L. ~unt TITLE: Vi rp Prp< i rlpnt STATE OF CALIFORNIA) ) ss: t COUNTY OF SAN DIEGO) . On , 198 -' before me, the undersigned, a Notary Public in and for said State, personally appeared , known to be or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledge that ----- executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State 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 )- 14-8'& BYW~~ WARREN SHAFER, ci y Manager City of Encinitas 03jCOVl-29wp (5-10-88-2) Page 5 of 5