1989-594740
. ,.,:,.: . 889594740
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Recordlng Requested By: ) , r--: eo;.";',',:, ;!f\-"',;~,:OROS
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City of Encini tas (\ ~ 828 !fY:'-Sh!\ ::<:, :",3H .
) s:.c MOV -1 AM 8: 20
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Wl:en Rec~rded Måll to: ). \ C,\:o, LY"'.,L. E, \
Cl ty Eng lneer ) ¡ ;,7:~' .¿ cc,~D£R
CITY OF ENCINITAS ) L.!:OJ --
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FO~
For the benefit of the City) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY, REQUIRED AS CONDITION
OF APPROVAL OF EN 316-89
4Qfl&
Assessor's Parcel
No. 262-022-09 Project No.: EN 316-89
W.O. No.: N/A
Clarence L. French,Jr. and Jean R. French, Log. No.: 296
Trustees, or the Successor Trustee,under the
Clarence L. and Jean R. French Revocable Trust dated October 14,1982
("OWNER" hereinafter) is the owner of real property descr.:.jed as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PÞ3T HEREOF '::.: THIS
REFERENCE,
which is commonly known as 1545 Crest Drive ,
A.P.N 262-022-09 ("PROPERTY" hereinafter;. In
consideration of the approval of EN 316-89
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 des~ribed
real property for PUBLIC RIGHT-OF-WAY The real
property referred to above lS situated in the City of Encinitas,
TF/O3/COVl-9~)WP5 (6-13-89) 1
ft,
CL,
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'" :', . . t ~ 1829
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.
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
substitution is first approved in writing by CITY.
OWNER hereby further offers CITY all trees, growths (gro.wing
or that may hereafter grow), and road building materials wi.thin
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 hi:nsel f, 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 .
TF /0 3jCOVl-9 5\vp5 (6-13-89) 2
I
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. . ., 1830
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 ln 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)
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.
TFjOJjCOVl-95wp5 (6-13-89) J
. "ì 1831
.
Owner:
De-12)- 19~9 ~/1 UfA/-/ / ~/~~ /
;%". "" ~ .-7' ¡¡.~. '"c~ Clarence L. French, Jr.~rustee
DATED
OCr 2C; I (C\~ -if/~ ) ¡¿ 3-IJ¡7/h rJ
DATED an-R. French, Trustee
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.
Date: I 0 - '2.5 - 3~ By: ~~ -t:~y Manager
City of Encinitas
TF /OJ/COVl-9 5wp5 (6-13-89) 4
. . 'I~ 1832
STATE OF CALIFORNIA)
) SS.
COUNTY OF SAN DIEGO)
On October 25, 1989, before me, the undersigned, a Notary Public
in and for said State, personally appeared Clarence L. French, Jr.
and Jean R. French, proved to me on the basis of satisfactory
evidence to be the Trustees under the Clarence L. and Jean R.
French Revocable Trust dated October 14, 1982, and to be the person
whose names are subscribed to the within instrument and
acknowledge that they executed the same as such Trustees.
WITNESS my hand and official seal.
- --,~
, LEONA V KAUfLIN
. ' NOTARY PUBLfC-C"LIFOANI~
~~~~ SAN DIEGO COUNTY
MY œf~. E~P. AUG. 31,1990
No ary PubllC ln and f sald State
PL/ACK-T-EW
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LEGAL DESCRIPTION
All of Lot 16 Block "E" of PALOMARES HEIGHTS, in the County of
San Diego, State of California, according to Map thereof No.
2114, filed in the Office of the County Recorder of said County.
EXCEPTING THEREFROM that portion of said Lot 16, described a~
follows:
Beginning at the Northwest corner of said Lot 16: thence
Southerly along the Westerly line of said Lot, a distance of
130.00 feet to a point: thence North 820 18' 11" East 310.08
feet to a point: thence North 70 41' 49" West 130.00 feet more
or less to an intersection with the Northerly line of said Lot 16
thence South 820 18' 11" West along said Northerly line of said
Lot 16 a distance of 310.08 ,~eet more or less to the Point of
Beginning,
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EXHIBIT "A"
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EXHIBIT "B" i' 1834
That portion of said Lot 16 in Block "E" of PALOMARES
HEIGHTS as described in Exhibit "A" above lying Westerly
of a line that is 30.00 feet Easterly of and parallel
with the centerline of Crest Drive as shown on said
Map No. 2114.