1989-384945 f"
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Recording Requested By 4 C0r0n
L4Fr c '1F:L OGtsS 4
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-City of Encinitas ,
89 A 2"1 AN 8.30
When, Recorded Mail to: ) Y.���c'
�.LYE.E
City Engineer 3 C6'9IT EM D
CITY OF ENCINITA5
$27 Encinitas Boulevard,' Suite 100
Encinitas, California 92024 ). r
) SPACE ABOVE FOR ;r
RECORDER'S USE
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IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 195-89 '
Assessor's Parcel
No. 256-352-11
Project No.: EN! S-1 .
_ W.O. No. : NIA .
Log No.:
Sherman W. Peters Jr.
("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 — 266 Neptune Avenue
A.P.N 256-352-11 ("PROPERTY" hereinafter) . In
consideration of the approval of EN 195-89
by the City of Encinitas ("CITY"
s
hereinafter) , OWNER(s) hereby make(s) an Irrevocable Offer of M1
Dedication, for the benefit of CITY, of the hereinafter described r
real y
propert for PUBLIC RIGHT-OF-WAY +
The real
Property referred to above is situated in the City of Encinitas,
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TF/03/COVl-95wp5 (6-13-89) 1 '"�
0546
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-MAY f.
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
i
the right to use the same in such manner and at such locations as
3 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 4
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 s
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This Offer of Dedication is made
pursuant to Section 7050 of
the Government Code of the state of California and may be accepted
t at any time by CITY. }' +
This Offer of Dedication may be terminated and the right to
44
accept the offer may be abandoned in accordance with the summary
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vacation procedures in Section 8300 et seq, of the Streets and
Highways Code of the State of California. The termination and fit
abandonment may be made by CITY. cs
This Offer of Dedication shall be irrevocable and shall run '
with the land and be binding upon and inure to the benefit of
j.
future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties. y'
At time of acceptance of this offer any and all trust deed(s) wrr.
t and easement(s) shall be subordinated to this Offer of Dedication.
ti r
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
e
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
Y party. CITY may assign �•
to persons m acted b the
p P y performance of this Offer of Dedication
' the right to enforce this Offer of Dedication against. OWNER. r .
TFj03fCOVI-95wp5 (6-13-89) 3
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0548
Owner: Sherman W. Peters, Jr.,:
DATED
k,
3 �
DATED
F
} Signature of owners must be
notarized. Attach the }�=
appropriate acknowledgement. it
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 they
making of the foregoing Irrevocable Offer of Dedication and
consents to recordation thereof by its duly authorized officer.
E _
Date: 7` l�"$� By:
WARREN H. SHAFER,' City nager
City of Encinitas ?
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CAL N0 NNO0627
TO 1944 CA 19-841 _.... ., �.
U
(individual? rJ r�T(COR 1
TITLE:INSIJRANCf
' t STATE OF CALIFORNIA ALIFORNI .
-
COUNTY OF San Diego y SS,
1
s 1r. On June 30, 19$9
u said State before me;the undersigned,a Notary Public in and for '
{ ,Personally appeared ** * g ry
�L
d , Personally known to me or j
i ttac a to rrevoca a er to .
i w theperson�whosename a� - * to'be Dedicate Real Estate, 6-30-89' F
a subscribed to the
3 P within instrument and acknowledged that
-i
cured the same, 'exe t
OFFICIAL SEAL
WITNESS my hand and official seal. LYNDA J.GL.AWON
NOTA Y PUMIC.CA,IFORNIA P.
a - (� Fr%!NC»AL OFFICE Itj
! 'x SA14 DIEGO COUNTY
y Signature fAyCemm,ssgnE%ohne21,1992
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(This area for official notarial seal)
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0550
EXHIBIT ".A"
Lot 11 in Block "B" 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 f
County, August 6, 1924.
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EXHIBIT "B" ,
That portion of Lot 11 in Block. "B", in the City of Encinitas,.
County of San Diego, State of California, according to Map
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i thereof No. ,1.800, filed in the Office of the County Recorder
of San Diego County, August 6, 1924, lying Easterly of a line
that is 30,00 feet Westerly of and parallel with the center- $
line of Neptune Avenue as shown on said Map No. 1800.
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0552
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 06-02-89 as file/page No.. 89-291376 Subordinated to
Irrevocable Offer to Dedicate Real Property For Public R/W Required
As Condition of Approval of EN 195-89 VIDOCUMENTi'
hereinafter) ;
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR .TRUSTEE
hereby waives the priority of said 11and of 'Trust in favor of said . �'
DOCUMENT to the same exten aid C ENT had been executed
prior to said Deed of
S FE IONAL BANK
C1 BY• John Hershfeld Vice President '
DATED BE FICIARY O T STEE ',;
y� #j' .
Title: €
Signature of BENEFICIARY or trustee '?
to be notarized. Attach the ► '
appropriate acknowledgement. 01
I certify on behalf of the City Council of the City of Encinitas, OL '
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 ^LC L- t By 4 0..i.. -
WARREN H. SHAFER, Cit Manager
City of Encinitas _
} j s
TF/03/COVI-95wp5 (6-13-89) 5 Ht
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- ..,.,*-w^^�smr..^^•-.-.p.... ............., .,..,..,,K,.,.:rn-....-�:»�x:r: �:,,^"c*+rar:. ...,,w,n..,, ..;.
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t. Att� he tot Subordination Agreement 6-30-89 C f
STATE OF CALIFORNIA `�
f SS. F'
CdUNTX OF San Diego i
June 30, 1.989 ..toremw Lynda J. Clayton Notary Public s ,�
on John
in Hershfeld
Vi
andforealaState,perseaO nPPealed ¢
Vice
(known.to me)(or proved to me op eho beau of satUfactory evidence)to be the ; >
president,and F,
i (known to we](or proved to me on the basis of satisfactory evidence)to be
i Secretary of the corporation that executed the within Instrument(known to me) (or proved to me on the basis
(E of satisfactory evidence)to be the persons who executed the within
Instrument on behalf of the corporation therein named, and t
acknowledged,to me that such corporation executed the within t
Instrument pursuant to its by-laws or a resolution of its board of _ -- --'sue• '
rectors. � S P it
f D{t1TiVFSS y hand and oiteial
�t Signature i t
SKI f,
Fotm3218(CA1M. - _ _ (T7wue�joro/ficiet�tetitu�t! _
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SUBORDINATION AGREEMENT Q.5 5 F'
Whereas, those parties concerned, desire to have the peed of Trust
recorded 06-02-89 as file/page No. 89-293710 subordinated to
Irrevocable Offer to Dedicate Real Property For Public R W Required
gaited " ,
As Condition of Approval Of EN 195-89 ("DOCUMENT"
hereinafter)
€ ;
Now, therefore, for valuable consideration, the receipt of which
} is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
1j hereby waives the priority of said Deed of Trust in favor of said
li
DOCUMENT to the same extent as if said DOCUMENT had been executed
#1I:
Prior to said Deed of Trust. ,k
July 6, 1989 SOUTH BAY FINANCIAL CORPORATION ' ?
DATED BENEFICIAR OR TRUSTEE'`
�i
�
By
Title: PRESIDENT
k Signature of BENEFICIARY or trustee 4f
to be notarized. Attach the
ME
E appropriate acknowledgement.
I certify on behalf of the City Council of the City of Encinitas,
i pursuant to authority conferred by Resolution of said Council
s 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 -7—t `!-�?°1 W " 1
WARREN H. SHAFER, City anager
I City of Encinitas APO
STATEOFCALIFO Isar
COUNTYoF FVA ANGELES M'"
July 6, 1989
G � On ,before me,the undersigned,a Notary Publtc In and for
said State,personalty appeared HOWARD C.MORROW Jj l
E personalty known to me(or proved to me on the
e a �r' basis of satisfactory evidence)to be the persons who executed the within Instrument as
E — President X Sls&M&on behalf of SOUTH
SS BAY FINANCIAL CORPORATION
c the corporation therein named,and acknowledged to me that
o ..� • OFFICALSM
such corporation executed the within Instrument pursuant tolls
CAROLYN E.WI]XM
r NOTARY PU1)UC CALIFO
{ bylaws or a resolution of Its board of directors.
PRINCIPAL OFFICE IN ++
m WITLESS my nd official seal, rs b LWANOELESCOUNT a
._,. fly l amnMton Exp .tan
Sign r
_ {this area for official notarial seaq
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