1989-547371
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Recording Requested By: )
City of Encinitas )
)
) 8S OCT j 0 Mi 8: 46
When Recorded Mail to: )
City Engineer )
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOE
For the benefit of the City ) RECORDER r S USE
..N..o.fEE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 165-89
j
Assessor's Parcel
No. 261-103-43 Project Na.: EN 165-89
W,O, No,: N/A
Log. No,: 214
M. SUSAN OLSON AND DAVID W. OLSON
("OWNER" hereinafter) is the owner of real property descr~bed as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PA..."ZT HEREOF "'" THIS
REFERENCE,
.which is commonly known as 2487 Newcastle Avenue
A.P.N 261-103-43 ("PROPERTY" hereinafter;, In
consideration of the approval of EN 165-89 !
by the city of Encini tas ("CITY"
hereinafter), OWNER(s) hereby makers) an Irrevocable Of=er of
Dedication, for the benefit of CITY, of the hereinafter described
real property far PUBLIC RIGHT-OF-WAY The real
property referred to above is situated in the City of Enci~itas,
'l'F/O'J/COV1-<):5wp:5 (G-U-íJ'J) 1
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0604
County of San Diego, State of California, and is more particularly
described as follows:
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 OI'iNER, his successors or
assigns, the right to eliminate such slopes and/or drainage
structures or portions t.hereof, 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 bu Uding materials wjthin
said right-or-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
looation, construction, landscaping or maintenance of said -
PUBLIC RIGHT-OF-WAY
TF/OJ/COVl-95wp5 (6-13-89) 2.
0605
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 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 beneflt 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, Cpon noT.ice ar-.d
opportunity to respond, CITY may add to the tax bill of OWNEH 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 enti i:led 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 Dedica-tion
the right to enforce this Offer of Dedication against OWNER,
TF/03/COVI-95wp5 (6-'13-89) 3
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Owner:
¡. ,J '-I ¡q \.-111 ' JZ1 Jc1/l (J--{!cf-¡---
DATED M. Susan Olson
~
DATED
Signature of owners must be
notarized. Attach the
appropriate acknowledgement,
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.
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Date: -, 10 - 5" -ðC{ By: ~~ ~A~ager
City of Encinitas
TF/O3/COVl-9SwpS (6-13-89) 4
0608
EXHIBIT "A"
Lots 27 and 28 in Block B 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.
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EXHIBIT "B"
That portion of Lots 27 and 28 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
Southwesterly of a line that is 30.00 feet Northeasterly of
and parallel with the centerline Newcastle Avenue as shown
on said Map No. 1298.