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1989-594740 . ,.,:,.: . 889594740 . ~ . ".~ ",.-,t",;:',",', iN Recordlng Requested By: ) , r--: eo;.";',',:, ;!f\-"',;~,:OROS I nFf,t.\-~, ";, "'!' CA City of Encini tas (\ ~ 828 !fY:'-Sh!\ ::<:, :",3H . ) s:.c MOV -1 AM 8: 20 . ~~ 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, I '" :', . . 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 "', . . ., 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 , ~ , ' .' " . ~ '."" ;, t 833 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, .' , '" ). -j EXHIBIT "A" .. . . ' . . . . ' . 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.