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2001-672089 . 8 DOC # _001-06 7208~) SEP 1B~ 2001 ¿i-: 26 Pt.,,~ Recording Requested By: ) OFFICIAL RECORDS ) SAN DIEGO COUNTY RECORDŒ'S OFFICE ) G~:EGORY J, SMITH, COUNTY ~'ECŒDm When Recorded Mail to: ) FEES: 0,00 City Clerk ) CITY OF ENCINIT AS ) 505 South Vulcan Avenue ) Encinitas, California 92024 ) ) For the benefit ofthe City ) SPACE ABOVE FOR RECORDER'S USE f~ '-/I¡1/ IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY -1 ~ J I '~"'f)1 FOR PUBLIC STORM DRAIN EASEMENT REQUIRED AS CONDITION ~ r( (;. OF APPROVAL OF CASE NO. 01-016 MUPMOD/DR/CDPÆIA ~ (%" Assessor's Parcel Project No. : \ No. 262-160-17 W.O. No. : 7065-G GRAUER FOUNDATION FOR EDUCATION ("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 Vacant Lot: SW Comer ofEl Camino Real and Tennis Club Drive , AP.N. 262-160-17 ("PROPERTY" hereinafter). In consideration of the approval of GRADING PLAN # 7065-G by the City ofEncinitas ("CITY" hereinafter), OWNER (S) hereby make(s) an Irrevocable Offer of Dedication, for the benefit of CITY, ofthe hereinafter described real property for Public Stonn Drain Easement. The real property referred to above is situated in the City ofEncinitas, County of San Diego, State of California, and is more particularly described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND MADE APART HERETO BY THIS REFERENCE. - I - i . 8 8 OWNER, for himself, his successors and assigns, hereby waives claim for any and all damages to OWNER'S remaining property contiguous to the storm drain easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said Public Story Drain Easement. This Offer of Dedication is made pursuant to Section 7050 ofthe 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 fmancial obligation owing to CITY by way ofthis Offer of Dedication. - 2- . 8 8 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, nom 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. Au c;., ;¡ I :Ãt)O I STtiA £" G (¿ A (.( E" R.. Dated ' ~ 6'(?At/~ FOC/~T7t77J ~éX2 ¿çDV¿;4/7éJ/7 Dated Signature of OWNERS must be notarized. Attach the appropriate acknowledgement. I certify on behalf of the City Council ofthe City ofEncinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 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: '7PBftj By: ~~~ I A 1~v V \nhi..hl Lerofl ~5 Director of Engineering Services - 3 - CALI FORNIA ALL.PU RPOSltCKNOWLEDG M ENT 8 State of ~¡....; ñJ Je..N / Æ County of ~N O¡£~o ~ On ßUGtU.5 T ;J...(. ;)...001 before me, (.(lL ' Date I Name and T.tle of Officer (e.g., "Jane Doe, No ry Public") personally appeared 5TUÆf¿1 6; r¿AU£R \ Name(s) of Signer(s) C personally known to me - OR -J<t°ved to me on the basis of satisfactory evidence to be the person(-s) ~ whose name(sj is/ate subscribed to the within instrument and acknowledged to me that he/ahc/thcy executed the same in his/her/their authorized capacity(-ies), and that by ¡ 8 JANICE" SWENSON his/her/tI'l8i1' signature~ on the instrument the personfs), - Commission' 1192673 or the entity upon behalf of which the person~ acted, 'i i' Notay PubrlC - CaIIfamIa - executed the instrument. J San Dfego Cou1ty I WITNESS my hand and official seal. - ,.. - ~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of A"~t ~~~ ~ cf::... f'~ Title or Type of Docume~ i1t """"""'" ~:f- ~ ~ ~ Co A- ìlð- . ()/-Ol Document Date: -A-u~[,.( ,ç I ¿}..(. MêJ \ Number of Pages: b Signer(s) Other Than Named Above: a.2~ J). rh~ éLft ;I ~ Capacity(ies) Claimed by Signer(s) Signer's Name:" ::TUA-f¿ \' G ~ME12- Signer's Name: ~ividual 0 Individu I rporate Officer 0 Corporat Title(s): Title(s): 0 Partner - 0 Limited 0 General [] Partner - Limited 0 Attorney-in-Fact [J Attorney-in-Fa t [] Trustee 0 Trustee [] Guardian or Conservator 0 Guardian or Cons [] Other: 0 Other: ~ Signer Is Representing: ~. @ 1994 National Nolary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309,7184 Prod. No. 5907 Reorder: Call TolI,Free 1,800,876,6827 8 8 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 2162 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED NOVEMBER 13, 1973 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. 8 8 SHEET 1 OF 2 EXHIBIT "B" LEGAL DESCRIPTION IRREVOCABLE OFFER OF DEDICATION IRREVOCABLE OFFER OF DEDICATION OVER, UNDER, ALONG, AND ACROSS THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 2162 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED NOVEMBER 13, 1973 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1 BEING ALSO THE CENTERLINE OF EL CAMINO REAL (126.00 FFET WIDE) AS SHOWN ON SAID PARCEL MAP 2162; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 N89°13'47"W (N89°56'16"W RECORD) 63.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SIDELINE OF EL CAMINO REAL NORTH 00°39'30" EAST, A DISTANCE OF 113.29 FEET; THENCE NORTH LEAVING SAID SIDELINE 89°20'30" WEST, A DISTANCE OF 20.18 FEET; THENCE SOUTH 15°49'22" WEST, A DISTANCE OF 54.72 FEET; THENCE SOUTH 89°51'13" WEST, A DISTANCE OF 17.25 FEET; THENCE SOUTH 20°17'31" WEST, A DISTANCE OF 16.10 FEET; THENCE sourn 00°46'13" WEST, A DISTANCE OF 44.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°13'47" EAST, A DISTANCE OF 57.24 FEET; TO THE TRUE POINT OF BEGINNING. "" ' - 8 SHEET 2 OF 2 EXHIBIT IIBu IRREVOCABLE OFFER OF DEDICATION NOO °39 '31"E 47925' APN: 262-160-17 40' L11E EEARJN; OISTNŒ L1 SOO °39 '30 113.29' ~ N89 °20 '30 20.18' I-¡ a: ~ H15 °49'22 54.72' -1:::1 ~ ~ N89 '51 '13 1725' ~~ ~ S2O °17 '31 16.10' -.I (Q~ NOO °46 '13 44.96' ~tJ ;:0-0'" ~C1) tR:."iI' N89 °13 '47 5724' ~ ~~ !~ PARCEL 1 OF ~§ PARCEL MAP 2162 TRUE POINT OF BEGINNING 10') NOO °39 '30 "E 478.60' IÚJ POINT OF I. fa BEGINNIN~ - - - - - - EL CAMINO REAL fa y- Z:r SCALE: 1"= jOO ' ~ AREA OF IRREVOCABl.£ OFFER OF DEDICA TION Ii PASCO ENGDEERING (858) 259-8212 535 N, HWY 101. STE, A PE 789G SOLANA BEACH. CA 92075