1989-514215
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Recording Requested By: ) I
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City of Encinitas ) 89 Sf? 25 AM 8: 33
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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,
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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 .
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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.
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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
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8 118°8
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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
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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.
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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.
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