1989-240570
~~ .8 189 f 240570
.I
Recording Requested By: )
)
City of Encinitas ) ß9 till.Y -8 AM 8: !to
)
When Recorded Mail to: ) ':~Lå~
city Epgineer ) :
CITY OF ENCINITAS ) L- NO FEE..
527 Encinitas Boulevard, suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR
) RECORDER I S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR Public RiQht of Wav REQUIRED AS CONDITION
OF APPROVAL OF ENO15 89
Asse~~~~lß1~,~cel Log. No.: /40-//
No. proj ect No.: £JJ D/S-R1
W.O. No.: IV/A
S.C.Jones Construction, Inc.
("OWNER" hereinafter) is the owner of real property described
as follows:
SEE EXHIBl'r "A" ATTACHED HERE'rO AND MADE A Pl'.RT HEREOF BY 'rHIS
REFERENCE,
which is commonly known as 24~O Newport Avenue ,
A,P.N 261-101-19 ("PROPERTY" hereinafter), In
-- consideration of the approval of ENO15-89
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
described real property for Public 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:
TF/04/COVl-45wp 1(11-2--88-5)
. 190 .
SEE EXHIBIT "B" ATTACHED HERE'fO 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
embanJanent slopes beyond the limits of the herein described
right-ot-way where required for the construction and
maintenance of said Public Rifbt 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-ot-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 ot said public right-of-way.
OWNER, tor 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 .."!':J1.~~..~H.~_t of Way
This Offer of Dedication is made pursuant to section 7050
TF/04/COVl-45Wp 2(ll-2-88-5)
Governmet Code 191 ca.ornia
of the of the state of 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 PROPER1'¥. 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.
TFjO4/COVl-45wp 3(11-2-88-5)
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192 /: .
DA D ./,
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STEPH&J C Jö/'l£S,
DATED ¡=x: E.S I D&/,
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On 1-1~". eÁì ,:)"ì , 198..f., before me, the undersigned, a
Notary Public in and - for said State, personally
appeared Ç. -1--'1' ~¡" e", ~ ~DV\es , known to me or
proved to me on t: e basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and
acknowledge that he - executed the same.
WITNESS my hand and official seal,
~~AÁ':--7 ~ ~/Z-
Notary Public in and for
said County and State
~~ ~'9~:;C NNo0737
(Corporat¡~(;-841
STATE OF C 193 Iii
. COUNTY OF AL~O~NID' . !liJ TICOR TITle INS
On t7~"" t . ' c } $s, URANCe
t said State pe I ,) " I( c¡
f ' "'onall
persOnally k Y appeared before me th
.. "f' nown to me , v ' e undersi
It -;~:~? evidence toO~eP;~;ed to me On the basis C' , ~ ':1 gned, a Notary Public in and f,
!:I (~esident 'nd trument as the person who eXeCUted Or
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g proved to me on t . perSonally kn
J the person who ex:e baSls of satisfactoryOW~ to me Or
CUted the within inst;: ence to be
~ Secretary of th ment as the :
to me that SUch Co WIthIn Instrument and e ~orporation
r;ent pursuant to r~or~tlon eXeCUted the ac. ~OWledged
oard of director I S Haws or art" In InStru-
WITNESS my h s, eso Utlon of its
~.""'J and official seal
Signature /. -;;:/~ C . .
, " , ,,"';?> j; .
'¡ e I v ., (Th;, area fo, offidal .
no'arl81 '-all
",' . .
194
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 18 in Block 6 of CARDIFF, in the City of Encinitas,
in the County of San Diego, State of California, according
to Map thereof No. 1298, filed in the Office of the County
Recorder of San Diego County, November 14, 1910.
L
'. ' " ,-. ~ 195 .
EXHIBIT "B"
LEGAL DESCRIPTION OF PUBLIC RIGHT OF WAY
Lot 18 in Block 6 of CARDIFF, in the City of Encinitas,
in the County of San Diego, State of California, according
to Map thereof No. 1298, filed in the Office of the County
Recorder of San Diego County, November 14, 1910.
That portion of above legal description, that lies easterly
of a line that is 30 feet westerly of and parallel to the
centerline of Newport Street as shown on said Map No. 1298.
i