1988-378161
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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
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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
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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.
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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
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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
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