1989-118025
~ -' . 0669 .-~:9 I /8 0 2 5
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. ; r~"-;fSf§fiîJ.
Recording Requested By: ) '...
City of Encinita~ ) 89Hld? -8 RH 9: 15
)
)
When Recorded Mail to: ) L, LYL~
City Engineer ) RECORDER
CITY OF ENCINITAS ) "NO FEE
527 Encinitas Boulevard, Suite 100 ) ""
Encinitas, California 92024 ) ~
) SPACE ABOVE FOR
) RECORDER'S USE
'Jlt'ri '
.. I :.(17 IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
pl}ì5 FOR Public Right òf Way REQUIRED AS CONDITION
t<{. OF APPROVAL OF Grading Plan #8247-G
Assessor's Parcel , Log. No.: 0'10-07
No. 7fil-0R7-1h Project No.: 82476
W.O. No.: 82-47~
WILLIAM MITCHELL CHAVIRA AND BETHANN MARIE CHAVIRA
("OWNER" hereinafter), is the owner of real property described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is commonly known as 414 Norfolk Drive, Cardiff, CA. ,
A.P.N 2fil-01!2-16 ("PROPERTY" hereinafter). In
consideration of the approval of Grading P1Hn * 1!747-~
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 si,tuated in the City of
Encinitas, County of San Diego, State of California, and is
more particularly described as follows: EXHIBIT "B"
TF/04/COVl-45wp 1(11-2-88-5) '..,
'Yì:)~J,/ Get!- ?- '\
C', Of, 0/ .¿J
. 0670 .
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 limi ts of the herein described
right-of-way where requi"red 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 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 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
This Offer of Dedication is made pursuant to Section 7050
TF/04/COVl-45wp 2(11-2-88-5)
"- .
, " Governmen' Code 0671.
of the 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 £inancial 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.
TFj04jCOVl-45wp 3(11-2-88-5)
0672
. JJoDktctif C~.
rz'ThØ1
DATED WlliI~ MITæELLc~~
2, )&'59
~~~ ~
DATED BETHANNMARIE C VIRA
... ,
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
.
On , 198-,--, before me,the undersigned" a
Notary Public in and. for said state, personally
. appeared , 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 my hand and official seal. ..,
Notary Public in and for
said Cou~ty and state
,
'.
I certify on behalf of bhe 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.
LJ.'" . ." ..
Date: 1-1-~~ By: ~ -+\ .~
WARREN H. SHAFER, Cit Manager
City of Encinitas
...,
TF/O4/COVl-45Wp 4(11-2-88-5)
I"
. '. " " 06,,7.
~BORDINÂrION AGREEMENT
Whereas, those parties concerned, desire to have said Deed of
Trust subordinated to Irr~~cable Offer to Dedicate Real
Property For Public Right of"1(equired As Condition of Approvàl "-",'
Of GTRòing Plan #8247-G ("DOCUMENT" hereinafter);
Now, 'theréfore, for vaiuable 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 prioþ to said Deed of Trust.
February 21. 1989
DATED LA COSTA, A CALIFORNIA
", CORPORATION
By: "
t,cAli?L lÈ.tRuSE ,"
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
.
On 02/21/89 , before me, the undersigned.. a Notary" '-"
Public in and for said State, personally appeared Carl,,'R. Kruse
"." " and Manuel M. Coito ,
personally known to me(or proved to me. on the.ba~is.of satisfactory
evidence)to be the persons who executed the w~th~n ~nstrument as
Vice Pres iden t and ----------- Secre tary, on b~half "of" "
BANK OF LA COSTA , the corporation therein named,
and acknowledged to me that such corporation ex7cuted ~he within
' instrument pursuant to its by-laws or a resolut~on of ~ts board of
directors.
. WITNESS my hand ~nd'official seal.
Yv\M~ ~~
NOtary Public n an or said . .
County and State
Martha S. Minor
I ,certify on behal.f 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 Cluly
authorized. officer. . '. '",." "," ,
Det. '1 +,~ BYW ~ -1..\ ~. .
WARREN H. SHAFER,. ci Manager
City of Encinitas
"., ....
TF/04/COV1-45Wp 5 (11-2-88-5)
," . o6i
,
EXHIBIT "A"
LOTS 25 AND 26 IN BLOCK 25 OF CARDIFF, IN THE COUNTY OF SAN
DIEGO, STAtE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 14, 1910.
-- -
,.,. . O.
EXHIBIT "B"
ALL THAT PORTION OF LOTS 26 AND 26 IN BLOCK 26 OF CARDIFF, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910 DESCRIBED AS
FOLLOWS:
PARCEL "A"
THE SOUTHWESTERLY 10.00 FEET OF SAID LOTS 26 AND 26 ADJOINING
CAMBRIDGE AVENUE.
PARCEL "B"
THE SOUTHEASTERLY 10.00 FEET OF SAID LOT 26 ADJOINING NORFOLK
DRIVE. -u .
,