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1989-187286 . J9 87286 2091 . Recording Requested By: ) . f " ) C:!.ty 0 Enc~nltaE, ) ) 89 ArR! ¡ IiM 8: 05 When Rec~rded Mail to: ) '",',",',' ,~,!J City Englneer ) ,'~.;~D'ER CITY OF ENCINITAS ) , 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) ) SPACE ABOVE FOR NO fEE ) RECORDER'S USE - IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR Public Right of Wa~ REQUIRED AS CONDITION OF APPROVAL OF NU1S-89 Assessor's Parcel Log. No,: /2..5-/0 No. 261-101-20 Project No.: EN oIS-ô9 W.O. No.: -.1Y/A- Stephen C, Jones ("OWNER" hereinafter) is thE!. owner of real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY 'fHIS REFERENCE, which is commonly known as 2466 Newport Avenue , 261-101-20 A,P.N ("PROPER'I'Y" hereinafter), In consideration of the approval of --YN01S-89 by the City of Encinitas ("CITY" hereinafter), OWNER(s) hereby makers) an Irrevocable Offer of Dedication, for the benefit of CITY, of the hereinafter described real property for ~ub1~- 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: TFj04jCOVl-45wp 1(11-2-88-5) -? L --' . 2092 . 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 ;,ll trees, growths i (growing or that may hereafter grow), and road building j materials within said right-of-way, including the right to take ! water, together with the right to use the same in suçh 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 I S remaining property contiguous to t.he right-ai-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said Puþlic: .~,ight o.f Way This Offer of Dedication is made pursuant to section 7050 TF/04/COVl-45wp 2(11-2-88-5) of the Governmet Code of the ~;tate of ca~orni:O:n~ 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. TF/04/COVl-45wp 3(11-2-88-5) . 20. DATÊD ~~~ ß~ ?-1. {9ýí DA'l'ED ( STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) On /-1 liVe" ;7c; , 198£, before me, the undersigned, a Notary Public in and for said State, personally appeared c,+ '" r h ~.'"\ l" "Jcw, pc;" , known to me or proved to me on the basis of satisfactory evidence to be the, person whose name is subscribed to the within instrument and acknowledge that ~~ executed the same, WITNESS my hand and official seal, Er~~¿;;;-4 /~~¿ Notary Public in and for said County and State 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: By: ~ ;;;:F~ag.r City of Encinitas TF/O4/COVl-45wp 4(11-2-88-5) ,... . 2095 . EXHIBIT "A" LEGAL DESCRIPTION Lot 17 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. ,. ; . . 2096 EXHIBIT "B" LEGAL DESCRIPTION OF PUBLIC RIGHT OF WAY Lot 17 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.