1988-636334
. f "196 888 636334
"
Recording Requested By: )
(:-//1 C'F E'--.-V(;,iNI/J/S; )
) 88D£C 12 PiM 8: 20
)
When Recorded Mail to: ) ; l. LYL~
ci ty EtV(Ç¡/Ioif'/'ÓI¿ ) ~,,-., ,-
I "cv,ROI:R
CITY OF ENCINITAS ) -
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR
Æ~ 7JfE L'¡¡ç./ý£hT £1"'- TJ/[ CiTY ) RECORDER'S USE
NO FEE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBT,IC RIGHT OF WAY REQUIRED AS CONDITION
OF APPROVAL OF Plan Check # 191,88
IlP/il ZkJ-cIl2. -011 Lú(f. No. 04-3-01-
L & Y Interests, Inc.
("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 as 2341 and 2343 M:mtgoræry Avenue ,
A.P,N 261-092-08 ("PROPERTY" hereinafter). In
consideration of the approval of Plan Check # 191,88
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 Riaht of Wav
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:
SEE EXHIBIT "Bn ATTACHED HERETO AND MADE A PART HERETO BY THIS
REFERENCE.
TFj04jCOVl-45wp 1(8-9-88-4)
C'-c"¡'¡' I:;
i
hereb.urther r v197 CITY 8e
OWNER offers to privilege and
./
right to extend drainage structures and excavation and
embankment slopes beyond the limits of the herein described
right-of-',.¡ay 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 Right of Way
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
TF/04/COVl-45wp 2(8-9-88-4)
r c198
:;;ununary vacatio~rocedures in section 8. et see;:, of the
Streets and High',;ays 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 t:::.-ust
deed (s) and easement(s) shall be subordinated to this Offer of
Dedication. --
--- - ---
DAT~ Ib, 1188 L$ Y -L, 1ëudd , :1, C ,
tlv¡
W~ k:, H J/ /!uu~
TF/O4/COVl-45wp 3(5-9-88-4)
f -199
Dl'TED . .
.
.
STATE OF CALIFORNIA)
) ss: </
COUNTY OF SAN DIEGO)
<
On "September, 16 , 198JL, before me" th~ undersigned, a
Notary ~P1lblic in, ~nd for said state, personally
appeared":"""""""çl,. ',known tome or
proved to mè. on the basis of satisfactory evidence to be the
person whose name is subscribed to,. the within instrument and
acknowledge that ~. c, executed.~he same,
WITNESS my hand and officl 'seal.
" (t (
,.
/ / .
./ "
.
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: Ii -OS-J'j> By: l~k~c~ ~S\-.,,=tt-
WARREN H. SHAFER, C' Y Manager
City of Encinitas
TFjO4jCOVl-45wp 4(8-9-88-4)
. .
r "200
EXHIBIT A
The real property in the City of Encinitas, County of San
Diego, state of California, described as:
Lots 37 and 38 in Block 14 of CARDIFF, in the County of San
Diego, state of California, according to the Map thereof No.
1298, filed in the Office of the County Recorder of San Diego
County, November 14, 1910.
STATE OF CALIFORNIA
ss:
COUNTY OF SAN DIEGO
On this ¡ l.o +/1 day of &15(!Lr)l~_lL-", in the year
¡[¡Bf, , before me K(11'e;,\ L. AII~{Ie.,.~ , persona.lly ap-
W V ~fl
peared 'ILu(\~; Ié, rL EJì , personally known to me, <»' proved
to me on the basis of satisfactory evidence, to be the person (rj)
who executed the within instrument as president ¡'Or' Gccretltt'Yi
or on behalf of the corporation therein named and acknowledged
to me that the corporation executed it.
1 seal. \J!~,U! -^-- (~'. Q£J. ". ?f'" 'j~ /
'.x,.':G!.','- é""L
KN't,! L, AlLŒlER
No'",], Pu!;"<'. (>H, Notary Public in and for
S'e ;):.00 Co. ,"' said County and State
'" Co.m",i,o ['P!~"", ""
--
Official Seal
. . f "201 .
EXHIBIT B
The real property in the City of Encinitas, County of San
Diego, State of California, described as:
Westerly ten feet of Lot 37 and 38 in Block 14 of CARDIFF, in
the County of San Diego, State of California, along Montgomery
Avenue.