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1989-384951 Recor, ding Requested By: ~ !~-,:O.r;.~;~ ~-- ] Whe~ Recorded Mail to: ~[2~ ~ ~:~0 City Engineer ~ V{F.'~ ~_ L~'L~ [ CITY OF ENCINITAS [~,!~ ~60~{R [ 527 Encinitas Boulevard, Suite 100 Encinitas, California 92024 For the benefit of the City SPACE ABOVE FOR RECORDER, S USE I~EVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY . REQUIRED AS CONDITION OF APPROVAL OF C-88-026 Assessor,s Parcel No. 261-061-34 Project No.: C-~-O___~__ W.O. No.: ~ Log. No.: '~o~ CARDIFF SEASHORE PARTNERS ("OWNER" hereinafter) is the owner of real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND lZ-ADE A PART HEREOF Rv THIS REFERENCE, _ _ - which is commonly known as Chesterfield Drive Irrevocable Offer A.P.N 261-061-34 -' {"PROPERTY,, hereinafter). In consideration of the approval of C-88-026 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, TP/03/COV1-95wp5 (6-13-89) 1 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 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 TF/03/COV1-95wp5 (6-13-89) 2 591 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. TF/03/COVl-95wp5 (6-13-89) 3 · ":" 0592 · . , , DATED STATE OF CALIFORNIA) ) SS: COUNTY OF SAN DIEGO) On , 198 , before me, the undersigned, a Notary Public in and for said State, personall]- appeared , known to mc 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 Irrevocable Offer of Dedication and consents to recordation thereof by its duly authorized officer. City of Encinitas TF/04/COV1-45wp 4 (11-2-88-5) EXHIBIT "A" Lots 25 through 30, inclusive, in Block 30 of CARDIFF, in the City of Encinitas, 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. PARTNERSHIP ACKNOWLEDGMENT NO 203 State of ~' c'~3,%.-~',¢ c~ck On this the ,.-~-v~ day of ~"~*,Jc'~_ 19 ~ before me, SS. the undersigned Notary Public, personally appeared [~ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary'sSignature \ ' \ 7130 122 NATIONAL NOTARY ASSOCIATION · 23012 Ventura Blvd. · P.O. BOx 4625 · WOOdland Hills. CA 91364 CORPORATION S ATE oF cA . o IA 0 5 9 7 COUNTYOF LOS ANGELES ][SS. On this 29TH day of. ~ ,, in the year 1989 before me, the undersigned, a Notary Public in and for said State, personally' ap.~ared ROBERT R. REED ~J p~rsonally known to me )~ ~% KARMA SADICARIO [~ p~oved to me on the basis of satisfactory evidence ~ ~ NOTARY PUBLIC - CALIFORNIA to b~ th~ persons who executed the within instrument as ~ \~..T~Y/ LOS ANGELES COUNTY SR. VICE president and VICE PRE~.Lb~ '~el~respectively, ~.. M~c0mm. expires DEC 1~, 1989 of the corporation therein named and acknowledged to me that the corporation exe- Cuted it pursuant to,ts by-laws or a resolutior~f its board,of directors.. / (This area for official seal) 5/30/S9 EXHIBIT iiB" IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY That portion of Lot 25 in Block 30 of CARDIFF, in the City of Encinitas,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, recorded November 14, 1910, described as follows: BEGINNING at the most Southerly corner of said Lot 25, said corner being at the point of intersection of the Northeasterly right-of-way line of Newcastle Avenue and the Northwesterly right-of-way line of Chesterfield Drive as shown on said Map No. 1298; thence North 58050'00.. East 25.00 feet along said Chesterfield Drive right-of-way to the TRUE POINT OF BEGINNING; thence continuing along Chesterfield Drive right-of-way North 58© 50'00" East 75.00 feet to a point along the most Easterly corner of said Lot 25; thence leaving said right-of-way North 31© 10'00" West 10.00 feet along Northeasterly line of said Lot 25; thence parallel to Chesterfield Drive right-of-way South 58050'00" West 75.00 feet; thence South 31© 10'00" East 10.00 feet to the TRUE POINT OF BEGINNING. Containing 750 square feet more or less. 8-121 IOD. LGL ~ SUBORDINATION AGREEMENT Whereas, t. home pa~iss concerned, desire to nave t~9 Deed of Trust recorded 12/21/88 as file/page No. INST.#88-6552~ubordinated to Irrevoc~le of£er ~o Dedicate Real Proper~ For P~li~ ~/w ~a~ire~ As Cen~i:i~n ~f Approval Of C-88-026 ("DO~NT" hereinafter); Now, therefore, for valuable consideration~ the receipt of which is hereby ac~owledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of T~st in favor of ~aid DO~T to ~e s~e e~en= as if said DOCU~NT had been ~xecu=ed prior =0 said Deed of T~st. ~E 29, 1989 GL~E FEDE~L SAVINGS ~ LO~N ASsf~IATION, bAT=~ ~ ~ENEFIC~ OR TRUSTEE A ~ED STATED COR~TION ROBOT L. WHI'iT ~u~'l' m. ~mmu TITLE: VICE PRESID~ Ti=~e: SR. VICE PRESID~ I Signature o.f BENEFICIARY or t~astee[ Itc he notarazed. Attach the [appropriate_. ack.ri, o~ledgement.. I certify on be. half of the City Council of the City of Encinitas, purauant 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 t~ereof by its duly,a~tnorized officer. 'WARREN ~. S~AFER, C~ty Manager City of Encini=as TF/03/C0Vl-9 5wp5 (6-13-89) 5 ''