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.