2005-811999
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Recording Requested By:
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SEP 20, 2005 3:40 PM
CFFICI..,\L RECORD:::;
':;,6,r! DIECiO CI~iUNT'( FrlCClF:DEFr":. OFFICE
ClF1E!:iClF;'(' ~I ,::;r",jITH,. L:OUI'JT'/ F:ECDRDER
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When Recorded, Mail to:
City Clerk
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, CA 92024
11111111111I1111111111111111111111111111111111I11/111111I1111I1111111/1111//111/
For the benefit of the Citv
RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF COP 05-039
Assessor's Parcel
No. 254-221-07
Project No.: 05-039
W.O. No.: BP # 05-1143
WILLIAM ALEXANDER WOODARD JR. A SINGLE MAN. SOLE TRUSTEE OF THE
WILLIAM ALEXANDER WOODARD JR FAMILY TRUST,
("OWNER") hereinafter) is the owner of real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFIiRENCE,
which is commonly known as 1403 Neptune Avenue, A.P.N. 254-221-07
("PROPERTY") hereinafter). In consideration of the approval of COP 05-039 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. The real property referred to above is situated in the City of Encinitas,
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-Way. RESERVING unto OWNER, his successors or assigns, the right to
cov6703
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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, provide 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 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. CITY agrees
to give OWNER 30 days written notice for removal of private encroachments into the
public right-of-way.
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, person representatives, transferees and assigns of the respective parties.
At time of acceptance of this offer any and all trust deed(s) and easements(s)
shall be subordinated to this Offer of Dedication.
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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.
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 attorney's 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 OWNER.
Owner:
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Date
Date
Signature of owners must be notarized. Attach
the appropriate acknowledgement.
I certify on behalf of the City Council of the City of Encinitas 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 Irr cable er of D ic tion and
consents to recordation thereof by its duly authoriz 0 er.
Date: 0;//'1 J O~
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By:
Peter Cota-Robles
Director of Engineering Services
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ALL-PURPOSE ACKNOWLEDGMENT
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State of California }ss
County of San Diego
On S'e,(!fpmfR. Jj/~ :2QQ) before me, Ash Nickle
,
r I~:] ~ (~mARY)
personally appeared \r\//Iie..m A _ woodw_ Jr~rR'
, Sl{" clSI
o personally known to me - OR- B proved to me on the basis of satisfactory
evidence to be the person.(..>}whose namefs+
is~~ubscribed to the within instrument and
acknowledged to me that he/s'!.G/tl..cy executed
f~ o~,,~=:. l the same In his/her,'tl1sir authorized
capacity(iesf, and that by his/b.e+,4heir
- ASH NICKLE
~ . NOTARY PUBLIC-CALIFORNIA?! signaturesfst on the instrument the personfs+;-
I COMM. NO. 1538900 -
. SAN DIEGO COUNTY or the entity upon behal f of which the
... MY COMM. EXP. DEC. 26. 20081
person(s)acted, executed the instrument.
WITNESS my hand and official seal.
4?~
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLEISI
0 PARTNER(S)
---
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT
0 OTHER:
OTHER
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SIGNER IS REPRESENTING: RIGHT THUMBPRINT S
NA:v1E OF PERSONIS, OR E",TITYI1ESJ "
OF ~
-~-~~--- SIGNER ~
15
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APA5f}9
VALLEY-SIERRA. 800-362-3.169
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SEPTEMBER 14, 2005
PAGE 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
IRREVOCABLE OFFER TO DEDICATE
1403 NEPTUNE AVENUE
APN 254-221-07-00
AN IRREVOCABLE OFFER TO DEDICATE, FOR RIGHT-OF-WAY PURPOSES, THE
SOUTHERLY 5 FEET OF LOT 18, IN BLOCK 3, ACCORDING TO MAP THEREOF ENTITLED
SOUTH COAST PARK NO.4, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY JULY 19,1927 AS MAP NO 2049.
AREA = 600 SF
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LEGEND:
EXISnNG LOT LINE
RIGHT-OF-WAY
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RIGHT -OF-WAY CENTERLINE
AREA OF IRREVOCABLE OFFER TO
DEDICATE TO THE CITY OF ENCINITAS
FOR RIGHT-OF-WAY PURPOSES
SCALE: 1 "=30'
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IRREVOCABLE OFFER TO DEDICATE
PUBliC RIGHT-OF- WAY
EXHIBIT nBn
SHT 1 OF 1 SHT
APN 254-221-07