2004-464007
. ^. DOC ~OO4-0464007
(
(~ Recording Requested By: ) MAY 20, 2004 4: 12 F-t-"o
)
. . . OFFICIAL RECORDS
CIty of EncImtas ) SAN DIEGO COUNTY RECORDER1S OFFICE
(1 Wh R d d M .1 » G~:EGORY J. SMITH, COUNTY RECORDER
~þ en ecor e al to: FEES: 0.00
~ City Clerk )
f n ~ City of Encinitas )
\V 505 South Vulcan Avenue )
~ Ý Encinitas, CA 92024 ~
"'j" FOR THE BENEFIT OF THE CITY )
{/fJ )SP ACE ABOVE FOR RECORDER'S USE ONLY
'j/ì?" IRREVOCABLE OFFER TO DEDICATE
b-!J~(::Ju REAL PROPERTY FOR PUBLIC RIGHT OF WAY
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Assessor's Parcel No. Project No.: CMS95D
254-362-32 W.O. No.: SI-006
WALTER J. GAFNER, TRUSTEE OF THE GAFNER MANAGEMENT TRUST dated
November 6, 1991, hereinafter called OWNER(S), do hereby make an Irrevocable Offer of
Dedication, for the benefit of the CITY OF ENCINIT AS, STATE OF CALIFORNIA, hereinafter
called CITY, of the hereinafter described real property for Public Right of Way and incidents
thereto upon, over and across that certain real property in the City of Encinitas, County of San
Diego, State of California, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART
HEREOF 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-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 the CITY, the necessity therefor is removed by substitution
is first approved in writing by CITY.
Gafner-IOD-grantdoc 1
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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 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 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 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
Highway 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 financial obligation owing to CITY by way of this Offer of Dedication.
Gafner-IOD-grantdoc 2
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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 party. CITY may assign to persons impacted by the
performance of this Offer of Dedication the right to enforce this Offer of Dedication against
0 WNER.
Dated this ' - day of A ~ I l ' 2004.
0 WNER: 0 WNER:
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Signature of Owners to be notarized.
IAttach the appropriate acknowledgments. I
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This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
" c'//;l /(,; ;:;-/'eJ"'"
Dat1!D ,~
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By: r:, , ',' - I I l-..----.....
Peter Cota-Robles, P.E. (Notarization not required)
Director of Engineering Services
City of Encinitas
Gafner-IOD-grantdoc 3
I
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. .
. EXHIBIT" A"
IRREVOCABLE OFFER OF DEDICATION
APN: 254-362-32
That portion of Southerly 468.50 feet of Lot 13 of Hillside Acres, in the County of San
Diego, State of California, according to Map thereof No. 1992, filed in the office of the
County Recorder of San Diego County on January 25, 1927, lying easterly of the
following described line:
Beginning at the southeast corner of Lot 13 of said map, thence northerly along said
easterly line of said Lot 13 North 00°39'45" East 222.01 feet to the True Point of
Beginning; said point being the beginning of a non-tangent curve whose radial bearing is
North 80°26'26" East; said curve is concave to the east having a radius of 630.00 feet;
thence leaving said easterly line of Lot 13 northerly along said curve a distance of 112.40
feet through a central angle of 10°13'19" to a point on a line measured 10.00 feet easterly
at right angles and parallel with the easterly line of Lot 13; thence northerly along said
parallel line North 00°39'45" East 134.70 feet to a point on the northerly line of the
southerly 468.50 feet of Lot 13.
Prepared by:
City of Encinitas
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/Blair Allen Knoll Date
L.S. 7376
" 8Exhibit 'B'.
Data Table
LENGTH RADIUS LVBEARING
112.40' 630.00' 10°13'19"
134.70' NOo039'45"E
^^-,,~^------~~---
I 256-362-56 ~ 00
10.00' . --------- i
254-361-4 00
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~ !p(Q)IRnrD !L@ü ~~ 254-361-12
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~ ~ VICINITY MAP
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T.P.O.B. (NO SCALE)
254-361-13 "'1 / Centerlines
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REYNAGA 254-362-32 - CERT, 0
254-362-21 GAFNER MGMT. Õ DOC. NO.2 /1 I' P rty L.
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N 254- 361 I'
254-361-01 I7'7À LO.D. Area = 2084 SF
254-362-41 ~
ENCINITAS
P.O.B. -
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PREPARE'DEfy LAIR ALLEN KNOLL
LS 7376 Exp. 12/05 SHEET I OF I
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ State ?f Califo;nia }. I
I County of :;aiL 7) /j 0 88..:
On a f? r 7/ ~ 2iJ2i before me :~J ¡)¡/ (; IJ//L "7ZJ[jf>()~ {I JiltJ < é:
, Date Name and Title of Officer (e,g., "Jane Doe, Notary Public")
1
personally appeared ¿¿) 1I/-'7f, K. 7. 17 ¡j r jUt ~ , ,~
~' Name(s) of Signer(s) 'J
0 personally known to me )
I
~roved to me on the basis of satisfactory ) ¡
evidence
r..-..."."..""...."".~ to be the person(s) ~hose, name(s)@re .1
. RANDA G. MILUOUR subscrIbed to the Wit Instrument and
¡ ConøissIon 11389205 < acknowledged to me h he/they 'executed ~
~ No':: = ~C;- the same in . er/theirre¿horized
l My Exp. JIn. 6, 2007 capacity(ies), and that by his er/their
signature(s) on the instrument th rson(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
LA- }
Place Notary Seal Above ,~
OPTIONAL ~
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 Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
I, Capacity(ies) Claimed by Signer
~( Signer's Name: RIGHT THUMBPRINT
. . OF SIGNER )
0 Individual Top of thumb here
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
@ 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827