1989-289088
." " . 202 ea9 289088
Recording Requested By: ) '~t¡~\'j~G7~¡~~~?il
)
City of Encinitas ) ,
) 89JJH-1 AH8: r. 7
When Recorded Mail to: )
City Engineer ) VER,4 L,LY~~
CITY OF ENCINITAS ) L..£.°UNT Ý !ìECOR ER
527 Encinitas Boulevard, Suite 100 ) NOFH'
Encinitas, California 92024 )
) SPACE ABOVE FOR
for the benefit of the City of Encinitas ) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-Of-WAY REQUIRED AS CONDITION
OF APPROVAL OF £AI z..3(..-ßð
Assessor's Parcel Log. No.: 150 -12-
No, 261-103-42 Project No.: 2..:3~;:"fiB
W.O. No,: N/A
STAN KEISER
("OWNER" hereinafter) is the owner of real property described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is commonly known as2418 & 2426 Manchester St. Encinitas,CA
J... p, N 261-103-42 ("PROPERTY" hereinafter), In
consideration of the approval of EN 236-88
by the City of Encinitas ("CITY"
hereinafter), OWNER(s) hereby makers) an Irrevocable Offer of
é>edication, for the benefit of CITY, of the hereinafter
jesc=ibed real property for PUBLIC RIGHT-Of-WAY
The real property referred to above is situated in the City of
:::ncinitas, County of San Diego, State of California, and is
~o=e particularly described as follows:
TF/O~/COVl-45wp 1(11-2-88-5)
203
r. IIBttTTACHED HERETO AND MADE .ART HERETO BY THIS
,SEE EXHIBIT
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-~ay, 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 RIGHT-OF-WAY
This Offer of Dedication is made pursuant to Section 7050
TF/04/COVl-45wp 2(11-2-88-5)
I
204
of the Governme4IÞ Code of the State of c.ornia and may be
accepted at any time by CITY.
This Offer of Dedication may þe 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,
TFj04/COVl-45wp 3(11-2-88-5)
~ I
. 205 "
. /~n K~i,", ~.,
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DATED! ! '
DATED
STATE OF CALIFORNIA)
) 55:
COUNTY OF SAN DIEGO)
On ~-'// ~? , 1981:., before me, the undersigned, a
Notary Public in ¿:q for said State, personally
appeared ,9i-/l1U A / c;- eL , IŒ6WI, Lv !lie 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 /ie executed the same.
WITNESS my hand and official seal,
OFFICIAL SEAL
LINDA C, SANCHEZ
NOTARY PUBLIC, CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
y Commission Expires Apr, 26, 1991
I certify on behalf of the City Council of the City of
Encinitas, pursuant to authority conferred by Resolution of
said Co1.\ncil 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: s- .3<>-3'( By: ~ -;J.
WARREN H. SHAFER, ci Manager
City of Encinitas
TF/04/COVl-45wp 4(11-2-88-5)
. 206 .
EXHIBIT "A"
Lots 5 and 6 in Block 8 of Cardiff, in the County of
San Diego, State of California, according to Map thereof
No. 1298, filed in the office of the County
Recorder of said San Diego County, November 14, 1910.
IJOjO'ljl'l,1-27wp (1-U-O9-J)
207
. . .
EXHIBIT "B"
Those portions of Lots 5 and 6 in Block 8 of CARDIFF,in the
City of Encinitas, 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,
lying Northeasterly of a line that is 30.00 feet Southwesterly
of and parallel with the centerline of Manchester Avenue as
shown on said Map No. 1298.