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1989-384940 'Hi 384940 . ., . 0520 . , ; Reéord~ng Requested By: ) City of Encinitas ) Aft 8t 30 ) 89 J.II.. 21 ) l.:!VERA L.I.YL~ When Recorded Mail to: ) city Engineer ) . CaiJ¡I1V RECCRO' CITY OF ENCINITAS ) 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) ) SPACE ABOVE FOR tI9- F~E - For the benefit of the City ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF 88-353 MIN/DR Assessor's Parcel 88-353 MIlú/O1? No. 254-383-12 Project No.: W,O. No.: /'1/11 Log. No.: -~- RONALD SCOTT WILKERSON & KAREN STACY WILKERSON ("OWNER" hereinafter) is the owner of real property described as follows: SEE EXHIBI'l' "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, which is commonly known as 1231 Orpheus Avenue A,P.N 254-383-12 ("PROPERTY" hereinafter). In consideration of the approval of 88-353 MIN/DR by the city of Encinitas ("CITY" hereinafter), OWNER(s) hereby make (s) an Irrevocable Offer of I Dedication, for the benefit of CITY, of the hereinafter described ¡ real property for PUBLIC RIGHT-OF-WAY ! The real ': property referred to above is situated in the City of Encinitas, TF /03/ COVl-'9 5wp5 (6-13-89) 1 ~o/ c.c4{ L{ t> -- . OW c~unt~ 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 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 locationr construction, landscaping or maintenance of said------ PUBLIC RIGHT-OF-WAY TF/O3/COVl-95wp5 (6-13-89) 2 "I . .522 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 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 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/03/COVl-95wp5 (6-13-89) 3 . . 0523 Owner: DATED ?j /~ ! g~ b,1J U -kJfv - RON LD SCOTT WILKERSON 7/12 / f:'1 ~ Sil!flwIL~~~ 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. Date: ì-t't-'iJ"I By: ~~ ;ß~ge' City of Encinitas TFjO3jCOVl-95wp5 (6-13-89) 4 I . . 0524 STATE OF CALIFORNIA) ) SS COUNTY OF SAN DIEGO) On July 12, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald Scott Wilkerson and Karen Stacy Wilkerson, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. fti ~- ~.-A)Y:~"~k~ LEOM Y KAIFU" AM I'UIIIJOoCAL SAIl DIEGO COUNTY otary Public in d for 0lIl. uP, AUG. 31,1990 said County and State PL/ACK-Wi12 . . 0525 EXHIBIT "A" - -- All that part of that portion of Lot 1 in Block "K" of South Coast Park Annex. in the County of San Diego. State of California. according to Map thereof No. 1788, filed in the office of the County Recorder of said County. described as (ollows: Beginning at the most Southerly corner of said Lot 1; thence along the Easterly line of said Lot. North 8° 16' 09" West 243.49 feet; thence North 11° 56' 04" West 300.25 feet; thence North 30° 56' 26" West 152.07 feet; thence North 25° 56' 14" West 124.27 feet to the Northwesterly line of said portion of Lot 1 conveyed to Norman D. Clark by deed recorded November 22. 1948 in Book 3024. Page 291 of Official Records; thence along said line, South 56° 54' 35" West 33.03 feet to the true point of beginning; thence leaving said Northwesterly line South 14° 45' 04" East 230.05 feet; thence South 6° 31' 30" East 201.56 feet; thence South 76° 21' 00" West 17.09 feet to the Southwesterly line of said Lot 1; thence Northerly along said Southwesterly line to the Northwesterly corner of the land described in deed to said Clark. recorded March 20. 1962 as Document No. 46589 of Official Records; thence along the boundary of said land North 63° 48' 22" East 166.00 feet and South 14° 45' 04" East 30.00 feet to the True Point of Beginning. - . - . . . 0526 ,. EXHIBIT "B" That portion of Lot 1 in Block "K" of SOUTH COAST PARK ANNEX as described in Exhibit "A", lying Westerly of a line that is 30.00 feet Easterly of and parallel and concentric with the centerline of Glaucus Street as shown on said Map No. 1788.