2007-557265
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DOC # 2007-0557265
1111111111111111111111111111111111111111111111111111 111111111111111111
Recording Requested By:
,D.,I_IG 21 20Cl7 4 17 F'rvl
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':;IlJJ [IIECiD courHr' FiECDF:DEFi":, CIf'FICE
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When Recorded, Mail To:
City Clerk
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, California 92024
IllIfll 11111111111111111111111111111111111111111111111111 11111111111111111111111
For the benefit of the City
FOR RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY
Assessor's Parcel /
No. 261-051-41 ../
DOCUMENTARY TRANSFER TAX $
o
Project No: 05-185 CDP-
W.O. No.: 0306-G
LEE M. CHESNUT AND SANDRA G. CHESNUT, TRUSTEES OF THE
CHESNUT FAMILY TRUST DATED FEBRUARY 2, 1994 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. 261-051-41
("PROPERTY" hereinafter). In consideration of approval of Case No. 05-185 CDP and
0306-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 EXHIBITS "B" and "C" 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 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.
2
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: LEE M. CHESNUT AND SAND
7'- 17- {) '07
DATED
7-/7-07
DATED
J}t~L Jj CJu~A..l\-ct
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
ncinitas consents to the making of the foregoing Irrevocable Offer of Dedication and
consents to the recordation thereof by its duly authorized officer.
Date: B/I~/O?
/);L
By: . (,../
M N' Peter Cota-Robles
, Director of Engineering Services
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
ss
~ On ()aD. /6',. M()1 ,before me, Randa G. Milliour, Notary Public, personally
: appeared Peter Cota-Robles, personally known to me to be the person whose name is
: subscribed to the within instrument and acknowledged to me that he executed the same in
: his authorized capacity, and that by his signature on the instrument the person, or the
: entity upon behalf of which the person acted, executed the instrument.
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WITNESS my hand and official seal.
1?~~~
Randa G. Millj. r
r"r WI" RANOA'G. ~1
,. COllllllil.... "70tM4 j
~ Not.-y 'uIlIc . l:1li....
Sift Dileo CMMr
l" COm~ ~~. Jill; ~. ~1! J
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docu-
ment and could prevent fraudulent removal and reattachment of this form to another document.
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: Description of Attached Document
: Title or Type of Document:
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Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer- Title(s)
o Partner-o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
oOther:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer is Representing:
.
........................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~..e<'~~~~..e<'~..e<'..e<'..e<'~~~~~~~'=y"~~~~~~~,,*
State of Califor
County of
On Ju\,,)-11Je 2bO'1- before me,
personally ap~eared Le~
1(,
1.- I "";';';':."Mui..- I 'I
Commllalon # 1710001
.. Notary PubUc . California I
Ian DIego County -
t~~~_~~~~~~~~1
Place Notary Seal Above
~ersona"y known to me
o (or proved to me on the basis of satisfactory evidence)
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:
Number of Pages:
Document Date:
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
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
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
Top of thumb here
Signer Is Representing:
@2006 Nalional Notary Association' 9350 De Solo Ave., PO. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907
Reorder: Call Toll-Free 1-800-876-6827
Exhibit 'A'
Legal Description of Real Property
261-051-41
THE REAL PROPERTY IN THE CITY OF CARDIFF, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS: LOTS 40 AND 41 IN BLOCK 18 OF
CARDIFF, IN THE COUNTY OF SAN DIEGO,ST A TE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1298 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY NOVEMBER 14,1910.
5
EXHmIT 'B'
January 22, 2007
LEGAL DESCRIPTION
STREET DEDICATION
THE SOUTHWESTERLY 5.00 FEET OF THAT PORTION OF LOT 40 AND LOT 41 IN BLOCK 18 OF
CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY NOVEMBER 14, 1910 LYING NORTHEASTERLY OF A LINE DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 50 IN SAID BLOCK 18 OF CARDIFF, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY NOVEMBER 14, 1910; THENCE SOUTH 27053'47" EAST 464.25 FEET TO A POINT
IN THE SOUTHWESTERLY LINE OF LOT 32 IN SAID BLOCK 18 OF CARDIFF, IN THE CITY OF
ENCINTAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY
NOVEMBER 14, 1910, SAID POINT DISTANT SOUTH 45017'00" EAST 13.86 FEET FROM THE MOST
WESTERLY CORNER OF SAID LOT 32.
CONTAINS 250 SQUARE FEET MORE OR LESS.
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