1988-636336 Recording Requested By:
) 88 C 12
)
When Recorded Mail to: )
City C1 erk )
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
~CORDER,S USE
FOR PUBLIC RIGHT OF WAY ~QUI~D AS CONDITION OF APPROVAL OF
I.AWl~R~CE J. FIRS~.~ & ROSE F-. FIRSTEN ANr~JOtIN ~BENCE &'~'-T KAY '~EN~E
("OWNER" hereinafter) is the owner of real property described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is cor~monly known as 919 _eZ_~O.~.ZA
A.P.N 25fi_~q?_~8 ("PROPERTY" hereinafter). In
consideration of tka approval of
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 PUBAIC"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.
TF/04/COV1-45wp 1(S-9-88-4)
OWNER hereb rther offers to CITY privilege and
right to extend drainage structures and excavation and
embankment slopes beyond the limits of the herein described
right-cf-way where required for the construction and
maintenance of said P~T~ R~ ~ ~;A¥ P~ESERVING
unto OW/~ER, 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 suck 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 m nv
wi__ may deem proper, needful or
necessary, in the constr~ction, 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 OWi~ER'S remaining
property contiguous to the right-of-way hereby conveyed by
reason of the location, construction, landscaping or
maintenance of said prm~Tc ~ ~w ~av
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
TF/04/COV1-45wp 2(S-9-85-4)
· summary vacation .'es in Section 83 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 bindinq 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 t~--ust
deed(s) and easement(s) shall be subordinated to this Offer of
Dedication.
5 TED
TF/04/COVl-45wp 3(S~9-88- --
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On ~ ~ /O ~c~ , 198 ~, before me, the undersigned, a
Notary Public in and for said State,, pe~rsonally
appeared ~ ~- ~Y~~ ~'~ , ~-.~ ~c ~c ~r
proved to me on the basis of sat~sfact~ evidence to be the
person whose name is subscribed to the within inst~ment and
ac~owledge that ~ executed the s~e.
WITNESS my hand and official seal.
~~ SU~N~A~C~ ~ said County and State
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.
Date: /Z -0~-~ By: ~_3~..~-[~~
WkRREN H. SHAFER, ~i%y Manager
City of Encinitas <~
TF/04/COVl-45wp 4($-9-88-4)
KNOWN AS "9 IDONIA STRF. ET"
APN #256-232-58 KXHIBIT A
EN 186-88
LEGAL DESCRIPTION
ORDER NO. 48409-04
That portion of Lot Z4 of PASSIFLORA ACRES, in the County of San
Diego, State of California, according to Map thereof No. 2355,
filed in the Office of the County Recorder of San Diego County,
September 27, 1946, described as follows:
Commencing at the Southeasterly corner of said Lot 24; thence
along the Easterly line of said Lot 24, North 04°55'57" West,
100.00 feet to the most Southerly corner of land described in
Deed to BERYL J. MC MANUS, recorded October 29, 1965 as File No.
196940; thence along the Southwesterly line of said Mc Manus'
land, North 70°46'39" West, 82.96 feet; thence South 00°11'00',
West, 32.68 feet; thence North B9'44'00" West, 100.00 feet to the
TRUE POINT OF BEGINNING; thence continuing North B9'44'00" West,
89.68 feet to the Westerly boundary of said Lot 24, being a point
on the arc of a 35.B6 foot radius curve, the Tenter of which
bears South 65°71'06'' East from said point; thence along the
Westerly and Southerly boundary of said Lot 24 as follows:
Southerly along the arc of said curve through a central angle of
24'12'S4" a distance of 15.16 feet; tangent to said curve South
00'16'00" West, 96.89 feet to the beginning of a tangent 1S.O0
foot radius curve, co~cav~ Northeasterly; Southeasterly and East-
erly along the arc of said curve through a central angle of
90°I0'30'' a distance of 23.61 feet; tangent to said curve, South
89'54'30" East, 41.21 feet to the beginning of a tangent 580.00
foot radius curve, concave Northerly; and Easterly along the arc
of said curve to a line which bears South 00'26'23" East from the
TRUE POINT OF BEGINNING; thence North 00°26'23" West, 117.27 feet
to the TRUE POINT OF BEGINNING.
STATE OF CALIFORNIA 1 SS.
COUNTYOF san ~iego IS~^L>
On October 15, 1988 , before me, the under-
gigged Notary Public, personally appeared
Lawrence J and Rose F Firsten
MON~CA
NARES
- [r If0ili llV known to me)or (proved to me on the basis of satisfactory
~obet~e[hewithinPer~°nlnstrument and~cknowledged
0vlg~nce)' to ~ ~o~e name are
212
THAT PORTION OF LOT 24 IN S~C I~ ~N MAP 2355, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER AT SAN DIEGO COUNTY,
(SEPTEMBER 27, 1946), LYING SOUTHERLY AT A LINE THAT IS 30.00
FEET NORTHERLY OF AND PARALLEL TO THE CENTERLINE OF SIDONIA
STREET AS SHOWN ON SAID MAP NO. 2355.
TOGETHER WITH THAT PORTION AT SAID LOT 24 LYING SOUTHWESTERLy
OF A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLy AND BEING TANGENT TO THE
EASTERLY RIGHT-OF-WAY LINE OF PASSIFLORAAVENUE (30.00 FEET FROM CENTER
LINE) AND TANGENT TO SAID NORTHERLY PARA~.T.EL LINE OF SIDONIA STREET.