2007-353918
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DOC # 2007-0353918
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Recording Requested By:
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MAY 24,2007 3:50 PM
C1FFICI.6,L RECORD':;
':,,6J~ [lIE[iO COurcH'!' mCOF:DEFi":, OFFICE
C,HEC,0R',',J ':;MITH CC1UNT',' FiEDJFiDEF:
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When Recorded, Mail To:
City Clerk
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, California 92024
I !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111
For the benefit ofthe City
tUR liliCORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY
Assessor's Parcel
No. 254-261-14 ../
Project No : 05-258 CDP
W.O. No.: 0280-G
FLEMING B. NEWBY AND JUDITH L. NEWBY, TRUSTEES OF THE
NEWBY F AMIL Y TRUST property, is the owner of real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE. Commonly known as, A.P.N. 254-261-14 ("PROPERTY" hereinafter).
In consideration of approval of Case No. 05-258 CDP and 0280-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 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 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 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 ofthe 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 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.
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: Fleming B. Newby and Judith L. Newby
DATED
1kcJ!o 7
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9/30/a7
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DATED
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 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: 6/1~/dr
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By: j& Gll2L
1\11. jJ Peter Cota-Robles
Director of Engineering Services
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of --.MOV") 0
On ~ before me,
personally appeared E\eVV\, ~ ~.
Ju4'c1-"v1 L. ~e..wby
o personally known to me
~ proved to me on the basis of satisfactory evidence)
... .... ~E;~ n;WE7L .... .... r
Commission # 1681137 r
Notary Public . California ~
Mono County
My Comm. Expires Jul14. 201
to be the person( s) whose name( s) ~/are subscribed to the
within instrument and acknowledged to me that
~/fie/they executed the same in t;s/hIF/their authorized
capacity(ies), and that by h~h,ir/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
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: lY'ru"oc:..o...b\..... ~-\o ~C-~ ~ ~ ~
~ \,)b t,e... r;' ~ v..:r- c "-U~
Document Date: '-..) Number ~es:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
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@2006 National Notary Association' 9350 De Soto Ave., PO, Box 2402' Chatsworth, CA 91313-2402 Item No, 5907 v609 Reorder: Call Toll-Free 1-800-876-6827
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EXHmIT "A"
LEGAL DESCRIPTION
A 3.00 FOOT WIDE ROAD DEDICATION OVER, UNDER AND ACROSS A PORTION OF
LOT 1, BLOCK 7 OF SOUTH COAST PARK, IN TIIE CITY OF ENCINITAS, COUNIY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1176,
FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 11, 1924 AND DESCRIBED AS FOLLOWS:
A STRIP OF LAND 3.00 FEET IN WIDTH, LYING NORTHWESTERLY OF TIIE
FOLLOWING DESCRIBED SIDELINE; COMMENCING AT A POINT IN TIIE
NORTHERLY LINE OF SAID LOT 1 BEING TIIE NORTHEASTERLY CORNER OF
PARCEL 2 OF PARCEL MAP NO. 16881; THENCE SOUTH 15043' 30" EAST, 141.14
FEET; THENCE NORTH 74016' 30" EAST, 50.00 FEET; THENCE SOUTH 15043' 30"
EAST, 97.85 FEET TO THE EASTERLY LINE OF SAID LOT 1 BEING THE
NORTHWESTERLY LINE OF GLAUCUS STREET AS SHOWN ON SAID MAP 1176 AND
THE TRUE POINT OF BEGINNING OF SAID SIDELINE; THENCE ALONG SAID
SIDELINE OF TIIE EASTERLY LINE OF SAID LOT 1 NORTH160 13' 30" EAST, 235.76
FEET MORE OR LESS TO THE END OF SAID SIDELINE.
THE NORTHWESTERLY LINE OF THE 3.00 FOOT WIDE DEDICATION TO BE
LENGTHENED OR SHORTENED AS NEEDED TO TERMINATE IN THE
NORTIIEASTERL Y LINE OF SAID LOT 1 AND THE SOUTHWESTERLY LINE OF TIIE
LAND DESCRIBED IN DOCUMENT NO. 2004-0175147 RECORDED MARCH 4,2004.
A.P.N.254-261-14
PREPARED BY: MIKE R. SLATER, P.L.S. 6706
DATE: JANUARY 26,2007.
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