1990-110874
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Recording Requested By: ) AM 8: 20
) 90 I1AR - I
city of Encinitas )
) 'VERA L. LYL1.!..J
When Recorded Mail to: ) L..s.°UtiTY !!reORDER
City Clerk )
CITY OF ENCINITAS )
527 Encinitas Boulevard, Suite 100 ) NO FEE
Encinitas, California 92024 )
) SPACE ABOVE FOR
) RECORDER'S USE
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IRREVOCABLE OFFER TO,DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 223-89
Assessor's Parcel
No. 256-314-55 Project No.: EN 223-89
W.O. No.: N/A
Log. No.: 266
ROBERT T. WHEELER AND LORRAIN A. WHEELER ("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 377 Sunset Drive, A.P.N 256-314-55
("PROPERTY" hereinafter). In consideration of the approval of EN
223-89 by the city of Enc,initas ("CITY" hereinafter), OWNER(s)
hereby make(s) an Irrevocable Offer of Dedication, for the benefit
of CITY, of the hereinafter described real property, which is a
portion of the "PROPERTY" for PUBLIC RIGHT-OF-WAY. 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:
TF/jm/COVl-135wp5 (1-16-90) 1
;-¿/51P7
. . 60
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 OWNER, his SUCGessors 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 lying
within said right-of-way, together with the right to use the same
in such manner and at such locations as CITY may deem proper,
needfui or necessary, in the construction, reconstruction,
improvement or maintenance of said public right-of-way; provided,
however, that with respect to all trees and/or growths (growing or
that may hereafter grow) lying within said right-of-way, CITY will
make every reasonable attempt to notify OWNER of the fact that CITY
intends to remove any or all of said trees and/or growths prior to
CITY's removal of same and in the event CITY proposes to remove any
of said trees and/or growths, OWNER will be afforded a reasonable
opportunity to remove said trees and/or growths from the right-of-
way and relocate same on other portions of OWNER's property.
TF/jm/COVl-135wp5 (1-16-90) 2
. . 61
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 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 which financial
obligation owing CITY arises only as a result of OWNER's failure
to perform OWNER's duties and obligations hereunder.
TF/jm/COVl-135wp5 (1-16-90) 3
. . 62
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.
TF/jm/COVl-135wp5 (1-16-90) 4
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. owner:. 4J~/V~ A-- N~
i~/f-o ~ úLL
DATED' RODE T T. HEELER
ZIL~ I"f) ~ 0 ~~-
DATED { , LORRAINE 1\. WHEELER -
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.
<,-,;"....
Date: (-1.Î-'70 By: ()~--{.J. ~
WARREN II., SHAFER, city Manager
ci ty of ,:Encinitas
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~ personally known to me (or Droved to me on the basis of satis' ~
õi factoryevidence)tobethe person(s) whose name(s) is/a'esub- fJ
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~ scribed to the within instrument and acknowledged to me that 'NANCY LOWER
~ he/she/theyexecuted the same, """':;':=--
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~ WITNESS my hand and official seal,
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Tr/OJ/COV1-95wp5 (6-13-89) .-<1 ì
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.. EXHIBIT "A" ,~. 64
All th¡;¡t portion of Lot 3 in Block "W" of SEASIDES GARDENS ANNEX,
in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 1801, August 6, 1924,'
more p¡;¡rticularly described as follows:
Beginning at the most Southwesterly corner of Lot 8 of
Encinù Estùtes, according to Map thereof No. 4711, filed in the
Office of the County Recorder of San Diego County; being also
the Southe¡;¡st corner of said Lot 3 in said Block "W"; thence
Northerly ¡;¡long the East line of sa+d Lot 3 in said Block "W",
North 4° 25' 14" West 130.28 feet to point "X" Herein; thence
returning along the East line of said Lot, South 4° 25' 14"
East 130,28 feet to the ~outheast corner; thence North
89° 32' 08" West 112.00 feet; thençe North 6° 52' 01" East
63.62 feet; thence North 89° 30' 30"'West 177.50 feet; thence
North 23° 42' 03" West 23.92 feet; thence South 89° 30' 30"
East 161. 27 feet & North 69° OS' 25" East 32.80 feet to the
TRUE POINT OF BEGINNING HEREIN; thence North 57° 23' 33"
East 54,80"~eet to a point which bears south 84° 7' 14" West
42.80 feet from Point "X" as described above; thence North
84° 7' 14" East 42,80 feet to point "X"; thence South 69° OS' 25"
West 95,00 feet to the True Point of Beginning.
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EXHIBIT "B"
That portion of, All that portion of Lot 3 in Block "W" of
SEASIDES GARDENS ANNEX, in the City of Encinitas, County of
San Diego, State of California, according to Map thereof No.
1801, August 6, 1924, as described in EXHIBIT "A" above,
lying Southwesterly of a line that is 30.00"feet Northeasterly
of and parallel with the centerline of Sunset Drive as shown
on said Map No. 1801. -
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