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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.