1989-240571 89 240571
r Recording Requested By: 196 )
City of Encinitas ) 05FIrm AL fRFQ4;�vos
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When Recorded Mail to: ) t{'� 8:4�
City Engineer
CITY OF ENCINITAS ) A'.-.
VEE�A��.�.YI.E�
527 Encinitas Boulevard,` Suite loo ) L_E9UgfY RECORDER
Encinitas, California 92024
For the benefit of the PACE ABOVE FOR e City of Encinitas ) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 114-89
Assessor's Parcel
Log. No. :
No. 256-262-23 Project No. ;
W.O. No. : /f�_
Michael Davis and Rochelle D. Thompson
("OWNER" hereinafter) is the owner of real property described
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as follows
> ,
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE, , `
which is commonly known as 493 'Ne2tune Avenue ' '
A.P.N 256-262-23 ("PROPERTY" hereinafter) . In .+1
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consideration of the approval of EN 114-89
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by the City of Encinitas ("CITY" '
hereinafter) , OWNER(s) hereby makes) 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 I
LAX
Encinitas, County of San Diego, State of California, and is
more particularly described as follows:
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SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS
REFERENCE. {{
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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 irn ~1
removed by substituting other protection, support and/or diiar �
drainage facility, provided such substitution is first approved ! `'
in writing by CITY.
OWNER hereby . further offers CITY all trees, growths
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(growing or that may hereafter grow) , and road building
materials within said right-of-way, including the right to take I �
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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
2 waives claim for any and all damages to OWNER'S remaining •'
property contiguous to the right-of-way hereby conveyed by ,
f•.` reason of the location, construction, landscaping or
v said maintenance of id PUBLIC RIGHT-OF-WAY
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t This offer of Dedication is made pursuant to Section 7050
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i 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 Cade 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.
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OWNER agrees that OWNER's duties and obligations under = 4ti
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
s costs, including reasonable attorneys' fees, from the other
Iparty. 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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199
—let o' -
DATED' Michael Davis
DATED �� Rochelle D. Tho ps n•
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STATE OF CALIFORNIA)
ss:
i COUNTY OF SAN DIEGO)
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On April 19, 1989 before me, the undersigned, a
y Public in and
Notar for said State, personally
appeared MICHAEL DAVIS AND ROCHELLE D. THOMPSON , k0MMX&gZXZXZI02X F
proved to me on the basis of satisfactory_ evidence to be the
person whose name is subscribed to the within instrur?ent and )
acknowledge that THEY executed the same.
WITNESS my hand and official seal. .i7
y OFFICIAL SEAL
SUZETTE LAU * 1 otary blic in 9nd for
NOTARY PUBLIC—CALIFORNIA * said ty and State
* � „ NOTARY BOND FILED IN * Suzette
�* ^' SAN DIEGO COUNTY
My Commission Expires April 27, 1990 **
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certify on behalf of the City Council of the City ofx ?
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: By: �) 4 °
WA RREN H. SHAFER, City Manager ..
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City of Encinitas = "
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EXHIBIT "A"
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Lot 19 in Block "E" of SEASIDE GARDENS,in the City of Encinitas,
County of San Diego, State of California, according to Map thereof
No. 1800, filed in the Office of the County Recorder of San Diego
County, August 6, 1924.
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EXHIBIT "Bn
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k That portion of Lot 19 in Block "E" of SEASIDE GARDENS, in
the City of Encinitas, County of San Diego, State of Cali-
fornia, according to Map thereof No. 1800, filed in the
Office of the County Recorder of San Diego County, August
6, 1924, lying Westerly of a line that is 30.00 feet. East '
erly of and parallel with the centerline of Neptune Avenue
f. as shown on said Map No. 1800. ,
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SUBORDINATION AGREEMENT
Y .
Whereas, those parties concerned, desire to have said Deed of
Trust subordinated to Irrevocable Offer to Dedicate Real
Property For PUBLIC R/w Required As Condition of Approval
u; Of 11489 ("DOCUMENT" hereinafter) ;
} Now, therefore, for valuable consideration, the receipt of
which is hereby acknowledged, the undersigned BENEFICIARY
E 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'
April 21, 1989 SOUTHWES NK
DATED BENEFI
By: 7
Ric d F. Dickerson I�
Title: S nior Vice President
I � Q
STATE OF CALIFORNIA)
ss.
I COUNTY OF SAN DIEGO)
` On April 21,
198 9 , before me, the undersigned, a I
Notary Public in and for said State, personally appeared #�
Richard F. Dickerson Sr. Vice Pres. , known to fie or proved
to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and
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acknowledge that He
g executed the same.
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S•;ITNESS my hand and off'cial seal.
a OFFICIAL SEAL i'
"�.. KATHLEEN M CAPTAIN
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NOTARY PUBLIC-CALIFORNIA Notary Public in and for I
SAN DIEGO COUNTY
My comm.expires AUG 28, 1992 said County and State
Kathleen K. Captain
I certify on behalf of the City Council of the City of
F 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
g_eenent, and consents to recordation thereof by its duly
authorized officer.
irate 05-0449 By
ji WARREN H. SHAFER, C' y Manager
City of Encinitas
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