1988-378157
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RECORDING REQUESTED BY: »
FOUNDER'S TITLE CO.
)
When Recorded Mail to: )
City Clerk )
CITY OF ENCINITAS )
527 Encinitaa Boulevard, suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR
9a¡{o 7fí79 ) RECORDER'S USE 1--- I
IRREVOCABLE OFFER '1'0 DEDICATE UAL PROPERTY I NO FEE i
FOR PUBLIC RIGB'l'-oF-WAY REQUIRED AS COlIDITIOB I.' J
OF APPROVAL FOR BOUNDARY ADJUS'J.'IIJØIT APPLICATIOB I~_-
88-028 BA
P.W. Company (Pete Walton, President; "OWNER"
hereinafter) is the owner of real property described as
follows:
That oertain portion of Lot 8, 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 County Recorder of San Diego
County, January 11,1924, described as follows:
Beginning at the Northwesterly corner of said Lot 8;
thence South 16011 '30" West, along the Northwesterly
line of said Lot, a distance of 191.51 feet; thence
North 75041'30" East, 183.94 feet; thence South
49048'30" East, 86.64 feet; thence 74016'30" East,
60.05 feet to a point in the Easterly line of said
Lot 8; thence along thence Easterly and Northerly
line of said Lot 8, North 15043'30" West, 119.73 feet
to the Northeasterly corner thereof, and North
73048'30. West, 225.30 feet to the Point of
Beginning;
which is OGIIIIIIOnly known as 311 East Glaucus Street, A.P.N.
254-262-16 ("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
RF/05/MS3-402wp (5-9-88) Page 1 of 5
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0 1091
Irrevooable Offer of Dedication, for the benefit of the CITY,
the hereinafter described real property for Public Riqht-of-
Way. The real property referred to above is situated in the
City of Encinitas, County of Sàn Dieqo, state of California,
and is more particularly described as the northwesterly five
feet of the PROPERTY.
The OWNER hereby further offers to the CITY the privileqe
and riqht to extend drainaqe structures and excavation and
embanlaaent slopes beyond the limits of the herein described
riqht-of-way where required for the construction and
maintenance of said Public Riqht-of-Way. RESERVING unto owner
of the above described parcel of land, his successors or
assiqns, the riqht to eliminate such slopes and/or drainaqe
structur- or portions thereof, when in the written opinion of
the CITY, the necessity therefore is removed by suDstitutinq
other protection, support and/or drainaqe facility, provided
such substitution is first approved in writinq by the CITY.
The OWNER hereby further offers the CITY all trees,
qrowths (qrowinq or that may hereafter qrow), and road buildinq
materials within said riqht-of-way, includinq the riqht to take
water, together with the riqht to use the same in such manner
and at such locations as said CITY may deem proper, needful or
nece_ary, in the construction, reconstruction, improvement or
maintenance of said public riqht-of-way.
RF/O5/MS3-402wp (5-9-88) Paqe2 of 5
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ò 0 1092
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 the CITY.
This Offer of Dedication may be terminated and the right
to accept the offer may be abandoned in accordance with the
SUJllllary 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 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, encumbrances, successors, heirs,
personal representatives, transferees and assiepts of the
respective parties.
At ti- of acceptance of this offer any and all trust
deed(s) and ease_nt(s) shall be subordinated to this Offer of
Dedication.
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.
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0 1093
If eittaar party 18 required to incur coet. to enforce the
provisiOlW of th18 Covenant, the prevailiftCJ party shall be
entitled to full reiJlburseaent of all co.ts, includiftCJ
r...OÐùle attozoney.' f_., froa the other party. The CITY -y
...i9ft to per- i.pacted Dr the perforJlance o.f this Covenant
ttaa ri.,ø.t to enforce this Covenant aqaiftllt OIߌR.
þV\l Co" ., ~~ ;~~.
DATED OWNER
STAT! OF CALII'OItNIA)
) -:
CGUMT¥ OF SAM DIBGO)
On M~ ,~'f't- , 19¿, before ae, the under.igned, a
~ Notary . ~c in and for said state, personally
appeared ~~ , known to me or
proved to - on the basie of sati.factory evidence to be the
person who8e n- ie 8Ub8cribed to the within iftlltrume t and
. acknowledqe that N.. executed the s....
WITNESS ="þ-nd a~c:ial seal.
:.......... ......... 1
: OFFICIAL IlEAL
=. SUZETTE LAU
: NOTARY BOND FILED IN : Notary
: SAN 01£00 COUNTY: ..id COunty
: My Commission Expires April 27, 1996 :
. I .~.êërt:lïi...¡)ñ..~ri...:r the City Council of the city of
Enainitaa, pur.uant to authority conferred by Resolution of
j. said couacil ad9Pted 011 July 27, 1987 that the city of
Enaini ta. con.ents to the _kinq of the foreqoinq Irrevocable
Offer of Dedication and COn8ents to recordation thereof by its
duly authorized officer.
Date: Î -Il{-eg By: ~ ~~qer
city of Encinitas
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0 1095
SUIO8DIHATIOil AGIŒEMEII'r
, - '1'- -- Iaenbr certif i.. that there are DO trust deed. or
......t. of ..,110 record encu8beril19 the JIROPEIt'l'Y at the tiae
of otferi.R9 the attaclMd Irrevocable Offer to Dedicate Real
Prop8rt]f . P uJ "
~ ~~~J
DATE ~ r~
STATE 01' CALIPORIIU)
) ...
COUIITY OJ' SU DIBGO)
on ~ 11- , 19~, before -, the unc1ersilJl18d, a
~ Ifet. -IV "li~ and for ..iel state, perllORa. 11y appeared -
".." &.J... , , known to - or p eel
to - 011 the basi. of ..ti8factory evidence to be the .on
. who.e Aa.e i. W:lscr1bed to the within instrullent and
adcRowladcxe that executed .....
... .... ..................
. ClfFI-gL_I9L
ÆJ'8¥ ~off ial seal.
: ' NOTARY PUBLIC-CAUFORNIA :
: .' NOTAR'I' BOND FILED IN :
: SAN DIEOO COUNTY: No ary c in and for
: My Commission Expires AprH 27, 1990 : said Coli and St.ate
...... ...... ........ ......... ... ....
I certify on bebalf of the City CoUDeil of the city of
IIncinita., pursuant to authority conferred by Resolution of
said council adopted em July 27, 1987 that the city of
Bncinita. consents to the aakinq of the foreqoinq Subordination
Aqre...nt, and consents to recordation thereof by ita duly
authorized officer.
Date 7 -('( -6 i' By kl.~ -1-1 ~
WARREN H. SHAFER, C t Manaqer
City of Encinitaa
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I 0 1094
STATE OF CALIFO~~~DieI!;O I'"
I œ COUNTY OF 12 1988 ,before me, the undersigned,a Notery Public In and for
~ On Mav. PETER WALTON and
, .~., said State, personally appaared ,parsonally known to me (or proved to ma on the
I >- basis of satiafactory evidence) to be the persons who executed the within instrument OR
- ¡j.. I!ØØ on behalf of
~ 'i!>' President and J.
. g 8 PI.! r" :**********....*****..**......*............
~ g the corporation therain named, and acknowledged to me that i~ OFFICIAL SEAL i
§ ~ such corporation executed the within instrumentp uanttoits: . NOTA~~~~~~I~~ *
o~ , . * vm.1A
- - by-Iaws or a rasolutlon of its board of directors. *" I.iOT~ BOND FILED IN æ
.!.?i1 : SAN 01£00 COUNTY :
l ~ WITNESS my hand d official se ;. My Commission E"P<. 'resApm 27 1990 :
!Eo **......************.*..*.*.~.*.*... :
g (This area for official notarial se~
g Slgnatur Suzette La
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0 1096
~6~~~Fo~ALlF~:~ADie&o ¡s..
~ On May 12, 1988 ,before me, the undersigned. a Notary Public in and for
Ii saldState,personallyappeered PETER WALTON and
.1 " -t: , personally known to me (or proved to me on the
E '
~ ~ besTs of satisfactory evidence) to be the persons who executed the within Instrument a.
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g Signature (This area for offlclel notarial seal)
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