1989-187282
, .. . I 181282
2075
Recording d By: )
City of En inita~ ) 89 APR ! t AM 8: OS
)
) ,',",/h~ I
When Recor to: ) . ,,""u~
city EDgiD )
CITY OF EN INITAS )
527 Encini as Bou evard, suite 100 ) NO FEE
Encinitas, califo nia 92024 )
) SPACE ABOVE FOR
) RECORDER'S USE
RREVO B1£ OFFER TO DEDICATE REAL PROPERTY
FO? PUBL C RIGHT OF WAY REQUIRED AS CONDITION
OF AP ROVAL OF BUILDING PLAN CH1<:CK EN 17-89
Asses~r's Parcel Log. No.: 12.1 -/0
No. 25 -321 31-00 Project No.: £1'1 0I7-8e¡
w.O. No.: N/A
JOSEPH C. JONAK LANGELLO
("OWNER" h owner of real property described
as follows
SEE EXHIBI "A" ACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is c mmonly known as 1057/1059 Hermes, Encinitas, Ca. I
A.P.N 254 321-3 -00 ("PROPERTY" hereinafter). In
considerat on of the approval of Building Plan Check EN 17-89
by the city of Encinitas ("CITY"
hereinafte ) I 0 hereby make (s) an Irrevocable Offer of
Dedication the benefit of CITY, of the hereinafter
described operty for Public Right of Way
The real propert referred to above is situated in the City of
Encinitas, of San Diego, State of California, and is
more parti described as follows:
TF/O4/COVl 45wp (11-2-88-5)
C -'
, . 2076 .
SEE EXHIBI "B" 11 TTACHED HERETO AND MADE A PART HERETO BY THIS
REFERENCE.
OWNER hereb further offers to CITY the privilege and
right to exten drainage structures and excavation and
embanJanent slopes beyond the limits of the herein described
right-of-w ay wh [!re required for the construction and
maintenance of sa d public right of way RESERVING
,
unto OWNER, his ~ uccessors or assigns, the right to eliminate
such slope and/ r drainage structures or portions thereaf,
when in th writt n opinion of CITY, the necessity therefor is
removed b, subs ituting other protection I support and/ or
drainage fa þility provided such substitution is first approved
in writing by CIT .
OWNER he¡:-eb further offers CITY all trees, growths
(growing 0 tha may hereafter grow) I and road building
materials w 'thin! aid right-of-way I including the right to take
water I toge ther w 'th the right to use the same in such manner
and at such loc, tions as CITY may deem proper, needful or
necessary I in the construction, reconstruction, improvement or
maintenance of sa' d public right-of-way.
OWNER, for imself, his successors and assigns, hereby
waives cla m for any and all damages to OWNER'S remaining
property c ntiguo ~s to the right-of-way hereby conveyed by
.,
reason of the location, construction, landscaping or : i
maintenance of sa'd public right of way ,1
This 0 fer 0 Dedication is made pursuant to Section 7050 !
,
,
TF/04/COV1- 5wp 2( 11-2-88-5)
..' . .
2077
of the Go ernmer Code of the State of California and may be
accepted a any ime by CITY.
This Offer bf Dedication may be terminated and the right
to accept the 0 fer may be abandoned in accordance with the
summary v cation procedures in Section 8300 et seg. of the
Streets a d Rig ways Code of the State of California. The
terminatio ~ and ë bandonment may be made by CITY.
This Offer of Dedication shall be irrevocable and shall
run with t he lan and be binding upon and inure to the benefit
of future owner!, encumbrancers I successors, heirs, personal
representa ives, transferees and assigns of the respective
parties.
At t" me of acceptance of this offer any and all trust
deed(s) an ease ent(s) shall be subordinated to this Offer of
Dedication
O..'NER agree that o..'NER 1 s duties and obligations under
this Offer of De dication are a lien upon the PROPERTY. Upon
notice anc OppOI unity to respond, CITY may add to the tax
bill of m ~ER an past due financial obligation owing to CITY.
by way of his 01 fer of Dedication.
If ei her C ¡.mER or CITY is required to incur costs to
enforce t e pre isions of this Offer of Dedication, the
prevailing party hall be entitled to full reimbursement of all
costs, inc luding reasonable attorneys' fees, from the other
party. CI T'Y may assign to persons impacted by the performance
of this Of er of Dedication the right to enforce this Offer of
Dedication agains OWNER.
TF /04/COVl 45wp 3 (11-2-88-5)
. '" . 2078 .
MARCH ID 989 ~A. ~
DATED Llsan A. Lange 10
MARCH ~.'. .~~Q C _I~~'-I
DATED h ~. JO
, 1982-, before me, the undersigned, a
in and for said State, personally
Lan e' , known to me or
the basis of satisfactory evidence to be the
is subscribed to the within instrument and
they executed the same.
se~. .
. I
1
f
I certify on b half of the City Council of the City of
Encini tas, purs nt to authority conferred by Resolution of
said Coun il a opted on July 27, 1987 that the City of
Encinitas consen s to the making of the foregoing Irrevocable
Offer of edicat"on and consents to recordation thereof by its
duly autho ized fficer.
Date: By: Ù~-/J~
WARREN H. SHAFER, "y Manager!
City of Encinitas ¡
1.
TFjO4jCOV145wp (11-2-88-5)
!
:ê
. 2°8
EXHIBIT "An
The South Half 0 Lot 16 in Block 4 of SOUTH COAST PARK, in the
City of Er cinita , County of San Diego, State of California,
according to Map thereof No. 1776, filed in the Office of the
County Re( order f San Diego County.
. 2080 .
EXHIBIT "B"
Th t port' on of the land described in EXHIBIT "A"
ly ng wes erly of a line that is 30.00 feet east-
er y of a d parallel with the centerline of Hermes
St eet as shown on said Map No. 1776.