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1989-514215 I . . 89 5'.' 5 '..' ' > r-" " ',' 1176 ! . ' Recording Requested By: ) I , City of Encinitas ) 89 Sf? 25 AM 8: 33 ) ) ¡ ~f~:');~ ~'r fL:;~L;.~!.-i When Recorded Mail to: ) L~G"",,¡ ¡ ","",<".uLR City Engineer ) CITY OF ENCINITAS ) 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) ) SPACE ABOVE FOE For the benefit of the City ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY NOfëE FOR PUBLIC RIGHT-OF-WAY. REQUIRED AS CONDITION OF APPROVAL OF EN 247-89 Assessor's Parcel No. 256-282-24 proj ect No.: étJ 217-89 W.O. No.: !\IJA James L. Fulton and Wanda J. Fulton, husband Log. No.: 2.4+ and wife AND Thomas G. Sawyer and Jean E. Sawyer, Co-Trustees under Declaration of Trust aated May 11, 1988 ( " OWNER" hereinafter) is the owner of real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A P A...'R. T HEREOF BY THIS REFERENCE, which is commonly known as 430/432 Neptune Avenue , A.P.N 256-282-24 ("PROPERTY" hereinafter). In consideration of the approval of EN 247-89 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 is situated in the City of Encinitas, '1'1"/0] / COV 1-') ~jVJp~j (~) -1 J - ß 9) 1 I I ' , . 1177 . County of San Diego, state of California, and is more particularly described as follows: SEE EXHIBIT liB" 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 (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 RIG[¡T-OF-~'mY . Tr/Ol/COV1-{l~iWp5 (l;-LJ-íJ')) 2 I . 117. .. . 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) 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. 'l' F / () J / CO V 1 - C) 5 W [J ~j (j-1J-n9) :3 ,~......'" , , /" :""""",. . 11. ' ,'" I I " ì I ¡::' I . I ustee ~L~ DATED ames L. Fulton DATED 9 J-S-/D7 Thomas 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 2ï, 198ï 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: 9 -1:2-- ~1 By: W~ +-\ ~~ WARREN H. SHAFER, City Manager City of Encinitas TF/O J/cov L-()~j~ýP'j lli - L.J - WJ ) 'i 8 118°8 . STATE OF CALIFORNIA) ) SS COUNTY OF SAN DIEGO) On September 15, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Jean W. Sawyer and Thomas G. Sawyer, proved to me on the basis of satisfactory evidence to be the co-trustees under Declaration of Trust established May 11, 1988, and James L. Fulton and Wanda J. Fulton, owners, also proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as co-trustees and owners. WITNESS my hand and official seal. 0I'1'1C1Al SEAt. q:::: ~ ,.., ~ r. ~~.:u LEONA V KAtfU" TAR'( PUBLlc.cAI.lfOAHI SAN DIEGO COUNTY Notary Public in an or MY OM4. EJtP. AUG. 31,1990 said County and State PL/ACK-SAFU . . Hi . EXHIBIT "A" ~ Lot 6 in Block "e" of SEASIDE GARDENS, in the City of Encinitas, County of San Diego, ,State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of said San Diego County, June 6, 1924. ALSO the Northerly 30.48 feet of Lot "B" of SEA BLUFF, accordin;:1 to Map thereof No. 1276, filed in the Office of the County Recorder of San Diego County, August 4, 1910. The Southerly line of said Northerly 30.48 feet being drawn parallel with and distant 30.48 feet Southerly measured at right angles iran the Northerly line of said Lot "B". EXCEPI'I!'l; THEREFRCM that portion thereof, if any, heretofore or OCM lying below the mean high tide line of the Pacific Ocean. , . , , . .......- . . 118 " . EXHIBIT "B" That portion of Lot 6 in Block "c" of SEASIDE GARDENS and Lot "B" of SEA BLUFF ãs described in Exhibit "A" above, lying Easterly of a line that is 30.00-feèt Westerly of and parallel with the centerline of Neptune Avenue as shown on said Map Nos. 1800 and 1276. I