1988-495101
.. . ,,'-' 0860 . 88 495101
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, 'Recording Requested By: ) r:; REccnDED !N ~
OFf't'1þ; F;-cm~fis
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) 88 SEP 29 AMH: 24
)
When Recorded Mail to: ) I VERA L.LYL~
City Clerk ) Cf1'1W'V ¡';-:-f'°R"ER
CITY OF ENCINITAS ) L-.::::.vu ¡ ¡ ,"-\hJ v
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR NO FEE
) RECORDER I S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR A PUBLIC RIGHT O~ WAY REQUIRED AS CONDITION
OF APPROVAL OF EN/154-88
DEAN J. FOSTER, M,D. & DIANA B. FOSTER
("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 commonly known as 1067/69 Neptune Avenue, Leucadia
,
A.P.N 254-292-04 (lIpROPERTY" hereinafter), In
consideration of the approval of EN/154-88
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 ~ublic 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/COVl-45wp 1(8-9-88-4)
cc.#~
,,-. !0861
" hereb.urther
OWNER offers to CITY 8e privilege and
'
J 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 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 to the 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
TF/04/COVl-45wp 2(8-9-88-4)
'. 0862
' 'vacatio.rocedures
~ummary in Section 8. et seq. of the
'0
, 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 I personal
representatives, transferees and assigns of the respecti ve
parties.
At time of acceptance of this offer any and all trust
deed(s) and easement(s) shall be subordinated to this Offer of
Dedication.
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STATE OF CALIFORNIA, ~ ss.
COUNTY OF SAN DIEGO
i b .." q 198.?
ON 5c~-< ¡V\ \? r ..,t-, . ' -,
before me the undersigned, ~. Notary ~liC ,!n and for said State, personally appeared
, :t>¡ANf! :ß. ~::.. ¡-t: f< .
r known to me,
to be the person- whose name is subscribed to the within Instrument,
; . "........-.r....VhVr/'J. and acknowledged to me that ...s...he- executed the same.
. ~........ ~ .
{'.v.",.,.-",,'.""8"" OFFICIAL SEAL.
PATRICIA DREW:. WITNESS my hand and official seal.
NOTARY PUBLIC' "LIfOR'" ~
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
,-",. . 12 1989 ~JI
M commissIon Expires May. ~~&~
y .
Notary Public in and for said State.
i I
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I ' ACKNOWLEDGMENT-General-Wolcotts Form 223---Rev, 3-64
. A /FJ7 G ~
DATEl (
q I~ q /t3f; I oJ Jt¡/t.(
tt1/ ¿I..L¡ 14" /'..,
. I /
TF/O4/COVl-45wp 3(8-9-88-4)
I
. .
" '0863
' J .
,DATED
..
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On ~g~ 7 t 198~, before met the undersigned, a
Notary Pub 1 ic in- and for said State, personally
appeared ¡]t7~ oJ.. 'P/)sr /FIG , known to me or
proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and
acknowledge that Hl5' executed the same.
WITNESS my hand and official seal.
Notary PUblic in an to
said County and State
"' o. OFFICIAL SEAL
.r:~"'~"'," ARTHUR P. ARQUILlA
g .~ NOTARYPUBUC-CAUFORNfA
. SAN DIEGO COUNTY
My Comm. Expires Dec. 8, 1989
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: ~+- 2-9{ /pJ>¿ By: LJ ~ -A ~iy-
WARREN H. SHAFER, City Manager
City of Encinitas
TF/04/COVl-45wp 4(8-9-88-4)
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. . " 0864.
I
EXHIBIT A
Legal Description: Lot 18 Block 6 South Coast Park Unit #2 City of Encinitas,
County of San Diego, State of Califorñia, According to map
thereof #1859, File in the Office of County Rêcorder of
San Diego County September 21, 1925.
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EXHIBIT B
The westerly 10.00 feet of Lot 18 Block 6 South Coast Park Unit #2 City of Encinitas,
County of San Diego, State of California, According to map thereof #1859, File
in the Office of County Rêcorder of San Diego County September 21, 1925.
I