2007-298765
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I~ Recording Requested By:
fJ~ When Recorded, Mail To:
City Clerk
~ CITYOFENCINITAS
505 South Vulcan Avenue
Encinitas, California 92024
For the benefit of the Citv
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DOC # 2007-0298765
1111/1111111111111111111111111111111111111111111111111111111111111/11/
MAY 01,2007
4: 12 PM
OFFICIAL RECORDS
SAN DIEGO COUNT'r' RECORDER'S OFFICE
GREGORY J SMITH, COUNTY RECORDER
FEES 0.00
PAGES: 6
IIIIIIIIIIIIIII~I
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IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY
Assessor's Parcel/
No. 260-620-85 V
Project No : 06-053 CDP-
W.O. No.: 0302-G
Richard J. Schroeder and Mary L. Schroeder, husband and wife as community
property, is the owner of real property described as follows: SEE EXHffiIT "A"
ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE.
Commonly known as, A.P.N. 260-620-85 ("PROPERTY" hereinafter). In consideration
of approval of Case No. 06-053 CDP and 0302-G, 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 ofEncinitas, County of San Diego,
State of California, and is more particularly described as follows: SEE EXHmIT "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
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 substituting other protection,
support and/or drainage facility, provided 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 tot he 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 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, encumbrances, successors, heirs,
personal representatives, transferees, and assigns of the respective parties.
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At time of acceptance of this offer, any and all trust deed(s) and easernent(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.
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 OWNER.
Owner: Ric
L. Schroeder
DATED
".~.-:r-
DATED
C'na ~\Q-Q
Signature of owners must be notarized.
Attach the appropriate acknowledgement.
I certify on behalf of the City Council of the City ofEncinitas pursuant to authority
conferred by Resolution of said Council adopted November 9, 1994 that the City of
Encinitas consents to the making of the foregoing Irrevocable Offer of Dedication and
consents to the recordation thereof by its duly authorized officer.
Date:~
By:
Peter Cota-Rob es
Director of Engineering Services
3
STATE OF TEXAS
COUNTY OF BEXAR
as acknowledged before me, thi~th ~;d;. 2007 by
...
e~ FIONA JENKINS
Notary Public
",. State of Texas
" My Comm. Exp. 05-25-2010
EXHIBIT 'A'
January 16,2007
LEGAL DESCRIPTION
STREET DEDICATION
THE SOUTHWESTERLY 10.00 FEET OF THAT PORTION OF LOT 2 (FRACTIONAL SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER) OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY FILED
APRIL 19, 1881, DESCRIBED AS PARCEL 'A' OF CERTIFICATE OF COMPLIANCE FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 27,2005 AS
DOCUMENT NO. 2005-1105563 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY PROLONGATION OF THE
NORTH LINE OF CARDIFF VILLA TRACT, ACCORDING TO MAP THEREOF NO. 1469, FILED N
THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE
NORTHEASTERL Y LINE OF COUNTY HIGHWAY COMMISSION, ROUTE 1, DIVISION 1; THENCE
NORTH 31 DEGREES 28' WEST ALONG SAID NORTHEAST LINE OF ROUTE 1 A DISTANCE OF
213.08 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT IN SAID LINE HAVING
A RADIUS OF 1275.82 FEET; THENCE NORTHWESTERLY ALONG SAID LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 08 DEGREES 01' A DISTANCE OF 178.59 FEET; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE CF SAID ROUTE 1, NORTH 23 DEGREES 27'
WEST, 932.80 FEET TO THE TRUE POINT OF BEGINNING, BEING THE MOST WESTERLY
CORNER OF A PARCEL OF LAND CONVEYED TO ARMIN PETY AN, A SINGLE MAN, BY DEED
DATED JUNE 6,1945, AND RECORDED IN BOOK 1899, PAGE 238 OF OFFICIAL RECORDS;
THENCE NORTH 66 DEGREES 48' EAST ALONG THE NORTHWESTERLY LINE OF THE LAND
CONVEYED TO PETY AN, 210.04 FEET TO THE MOST NORTHERL Y CORNER THEREOF; THENCE
SOUTHEASTERL Y ALONG THE NORTHEASTERLY LINE OF SAID PETYAN'S LAND 70 FEET;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT IN SAID NORTHEASTERLY LINE
OF SAID ROUTE 1, DISTANT THEREON SOUTH 23 DEGREES 27' EAST 70 FEET FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 23 DEGREES 27' WEST ALONG SAID ROUTE 1, 70 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY 160.00 FEET
THEREOF.
CONTAINS 700 SQUARE FEET MORE OR LESS.
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