1990-113429
. 13~4
Recording Requested By: )
City of Encinitas ) gO ~~R - 2 M'I 8~ \ I
)
)
When Recorded Mail to: )
City Engineer )
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR NO FEE
) RECORDER'S USE ""
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 446-89
Assessor's Parcel
No, 260-0R2-17 Project No.: EN 446-89
W,O, No,: N/A
LO~, No,: .35')
Frank N. Perkins and Linda B. Perkins, husban and wiìe
and Frank M. Perkins and Eleanor M. Perkins, hlJsbann ann wifp
("OWNER" hereinafter) is the owner of real property described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEHEOF BY THIS
REFERENCE,
which is commonly known as 1427 Rubenstein Avenue
A.P_N 260-082-17 ("PROPERTY" hereinafter), In
consideration of the approyal of EN 446-89
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,
-c) TFj03jCOVl-95wp5 (6-13-89) 1
)i9tM
. .
13
County of San Diego, State of California, and is more particularly 45
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 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, provided such
f) 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-
()f-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
f.) TF/O3/COVl-95wp5 (6-13-89) 2
, . . 1346
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, 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)
l1 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-
i.J TFj03jCOVl-95wp5 (6-13-89) 3
I
...---..-.--- ....... " -"
.... _. ......
2-10-90
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:,Jidl:OFCALIFOIlNIA"" ,} . ,... "',
cUUN1'\ OI..~i"3!'..Di~~.~- 55,
u.. F~~¡¿:ry.l°, l~.~Q.__before me, Ihe under.
'p;::J, a !'V'HI' Puul" in Huf for ¡aid State'p,ClSon¡J y appeared FOR NOTARY IIEAL.,OR IITAMP
. anJ<.N.J'~J:'kins'n!rank M. erkins,
Linc13.HJ:!..._P~J:'J<:ÌI1SL an£.ßleanor M. Perkins.
****************************************
..---
",r><n"Uyknnw'tvn"
L~ """" ", "" n" ,h, b.m ol."i¡faClory eviden"
'" '" the 1"""" .~- " uh"" name ê....- subscribed to the within
"'A and "kn¡MkJg'ò Ih:t they. ",«uled the same.
- ,~ ,é'. .¿i-.~.;,~ -- '
Signat"'" of Not. r,
. . . 1347
,.
Owner:
'2 - /0, fo ¿¡;Ø>--kh~~
DATED Frank N. Perkins
r7 /0 ~ '10 ~~ t5. 4¿~)
¿..r
Æ Linda B. Perkins
~ænf:; l!!,fZ/l-~ ~ ¿Wu'rv 7}7, ~
Frank M. Perkins Eleanor M. Perkins
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 July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Irrevocable Offer of Dedication and
consents to recordation thereof by its duly authorized officer,
t) Date: 1-- '1.-1 - 9:0 By: W~~ ~~
WARREN H. SHAFER, Clty Manager
City of Encinitas
,
J TFj03jCOVl-95wp5 (6-13-89) 4
. . 1348
EXHIBIT "A"
Lot 8 of RIDGEWAY HEIGHTS, in the City of Encinitas, County of
San Diego, State of California, according to Map thereof No. 2163,
filed in the Office of the County Recorder of San Diego County,
July 3, 1929.
EXCEPTING THEREFROM the Northerly 100 feet measured along the
Westerly line of said Lot 8.
ALSO EXCEPTING THEREFROM the Southerly 90 feet of the Westerly
115 feet of said Lot 8.
. . 1349
. .
EXHIBIT "B"
That portion of said Lot 8 as described in Exhibit "A" above
lying Westerly of a line that is 30.00 feet Easterly of and
parallel with the centerline of Rubenstein Avenue as shown
of said Map No. 2163.