1989-240564 Recording Requested By:
EA I'C: t� �'�?ti�JS
City of Encinitas ) uFQSr�..t:...,,C aI N rY,�K.
When Recorded Mail to: j 89 MAY-8 AV+ 8:04
City Engineer 1fEr � �E
CITY OF ENCINITAS ) C€l2'ri 1'RECCftE1E NO FED f
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024 )
. .For the benefit of the City of Encinitas ) SPACE ABOVE FOR
RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
r OF APPROVAL OF 88-273
�rn
Assessor's Parcel Log. No -.• 2� Q -�
No. 254-222-33 Project No'. : -Z73 #O f
W.O. No. : 9130 6
Jason Street Properties, A Calif. Limited Partnership
"OWNER" hereinafter) is the owner of real property described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE, `
i
which is commonly known as 140 Jason Street
' A.P.N 254-22$-33 ("PROPERTY" hereinafter) . In ,
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t
consideration of the approval of 88-273
t
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
z
The real property referred to above is situated in the City of
Encinitas, Cdunty of San Diego, State of California, and is ,
ly
it more particularly described as follows: " {
TF/04/COV1-45wp 1(I1-2-88-5)
}
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161
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
x 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 M
in writing by CITY.
it
OWNER hereby further offers CITY all trees, growths
w
(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
Y proper, needful or
Anecessary, 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
i '
Y
TF/04/COVJ-45wp 2(11-2-88-5)
5
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' R 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 3 .
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 j
t 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.
r
j 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
CAJ
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bill of OWNER an
y past due financial obligation owing to CITY
r by way of this Offer of Dedication. i
If either OWNER or CITY is required to incur costs to
j enforce .the provisions of this Offer of Dedication, the
revailin
P g 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
y
Dedication against OWNER.
TF/04/COV1-45wp 3(11-2-88-5 {l
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163 r o, its SA > ,
a C ifo is rpora `on
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DATED
RoMOt.o: sa4 vu�,�o,
DATED vices-pR�slp�t rT'
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• CAT.NO.NN00737
j TO 1945 CA(8-84)
(Corporation) J TICOR TITLE INSURANCE �
STATE OF CALIFORNIA j
1 1}
i COUNTY OF San pi par, SS.
On April 4, 1989
!pd, a �sr
before me, the undersigned, a Notary Public in and for �'nally i
1 said State,personally appeared Romolo Seayuzzo
personally known to me or proved to me on the basis a Or
W of satisfactory evidence to be the person who executed a the
ithe within instrument as the Vice— t and 'm
m President,�Vfc �/ =a ,
personally known to me or MARIE E,L SEAL
i P Y MARIE E.BERRY
h proved to me on the basis of satisfactory evidence to be Notary Public-Calitornla
a the person who executed the within instrument as the P m SAN DIEGO COUNTY
1111111111/// Secretary of the Corporation My Comm.Exp.May 4,1990
l that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board o£dirr 3
N TNES my fi Aid official seal
� i 3
Signature (This area for official notarial seal) s
X
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I certify on behalf of the City Council of the City of
Encinitas, pursuant to authority conferred by Resolution of
i said Council adopted on July 27, 1987 that the City of F`
I Encinitas consents to the making of the foregoing Irrevocable
Offer of Dedication and consents to recordation thereof by its j ';
duly authorized officer.
Date: gy: �t,t�,� .�"t�
WARREN H. 5HAFER, City
City of Encinitas :s `
I
le
TF/04/COVI-45Wp' 4 (11-2-88-5)
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16
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EXHIBIT nA,r
4
LOT 15 IN BLOCK 2 OF SOUTH COAST PARK No. 4, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
k ACCORDING TO MAP THEREOF No. 2049, FILED IN THE OFFICE OF i.
4
THE COUNTY RECORDER OF.SAN DIEGO COUNTY, JULY 26, 1927. it
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�: .:....: ..,_...,..;,..... :.. ,i.:_�...u�.._._:.....;._:�,.,....�...«.,...:.......,.«,.......__ _.._..-� _.._. ... .;........«.._.w,es„,sans ...t..-rs:oz^u:..
., 165
EXHIBIT "B"
That portion of the land described in Exhibit "All lying Southerly
of a line that is 30.00 feet Northerly of and parallel with the
G centerline of Jason Street as shown on said Map No. 2049
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166
SUBORDINATION AGREEMENT
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
Of 80-Z73 ("DOCUMENT" hereinafter)
Now, therefore, for valuable consideration, the receipt of
which is hereby acknowledged, the undersigned BENEFICIARYI�
hereby waives the priority of said Deed of Trust in favor of ..Y
said DOCUMENT to the same extent as if said DOCUMENT had been
executed prior to said Deed of Trust. ft 01
April 4, 1989 Projects USA I}fi1 California corporation
j DATED BENEFI L �RY
Romolo Sca zo • (
r Title: Vice-President
STATE OF CALIFORNIA) O ".
R ) ss.
COUNTY OF SAN DIEGO)
1 On
198 , before me, the undersigned, a 14.
Notary Public in and for said State, personally appeared
d
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 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 Subordination ?'
Agreement, and consents to recordation thereof by its duly :
authorized officer. i
' OS-6
Date 4 lP� / r .
i By �Cr_. �4G
WARREN H. SHAFER, CiVy Manager
City of Encinitas
l: .MCAT.NO.NN00737
)- TO 1945 CA(8-84) p
(Corporation) �� t
I J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF _S_an Dieao SS. ;
On _April 4, 1989 before me, the undersigned, a Notary Public in and for t'
f said State,personally appeared. Romo
personally known to me or proved to me on the basis 1F
fp of satisfactory evidence to be the person who executed '
the within instrument as the Vice— k
=
President,rA�fyl//
IL personally known to me or OFFICIAL SEAL
o^ proved to me on the basis of satisfactory evidence to be MARIE E.BERRY
the pperson who executed the within instrument as the ® Notary public-Calitornla j`
12102 . _.
Secretary of the Corporation SAN DIEGO COUNTY 1 " '
that executed the within instrument and acknowledged MyComn,EXP.May 4,1990
to me that such corporation executed the within instru-
ment pursuant to its by or a resolution of its
board of dire s
WITNESS y h d�d offjcial se ;1 "x
Signature
(This area for official notarial seal)
k
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