1989-514216
" ' ,',- . 11838_51~216
':- . d' , t d . r- Ri~cnRçIE[) IN --¡
. . Recor ~ng Reques e By. ) I o,nç'ÀL iW"ORQ5 '
) IfJf SA;; I;'¡ (i;¡ rÕVliiv è' I
City of Encinitas ) ,. .,. "".
) 89 SEP 25 liff 8: 33
WI~en Rec<:,rded Måil to: ). VERA l
Clty Englneer ) L COUllrYHf~1Æf! I
CITY OF ENCINITAS - ) - :!....J
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FO~
) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY. REQUIRED AS CONDITION
OF APPROVAL OF 88-319 MIN
NO FEE
Assessor's Parcel
No. 254-270-07 ,08 Project No.: fJ8-3J'I M/IJ
W.O. No.: /II/A
Log, No.: z..",
Evelyn M. Weidner, Trustee UDT dated Mav 10.1989
("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 695 Normandy Road ,
A.P,N 254-270-07,08 ("PROPERTY" hereinafter), In
consideration of the approval of 88-319 MIN
by the City of Encinitas (" CITY"
hereinafter), OWNER(s) hereby make (s) an Irrevocable Offer cf
Dedication, for the benefit of CITY, of the hereinafter des~ribed
real property for PUBLIC RIGHT-OF-WAY The real
property referred to above is situated in the City of Encinitas,
TF/03/COVl-95wp5 J~13-89) 1
/
::JY67 ~ ~- s:L
! 1184
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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 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
location, construction, landscaping or maintenance of said ----- -
PUBLIC RIGHT-OF-WAY
TF/O3/COVl-95wp5 (6-13-89) 2
' 1185
. .
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/O3/COVl-95wp5 (6-13-89) 3
.1.100
. .
Owner: Evelyn M. Weidner, Trustee
UDT dated May la, 1989
"t - .:M - -l? 'j ~'
/ . ~~,c::h..~
DATED Eve yn M. Weidner, Trustee
DATED
I
.
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: Ct-1..ï..--g~ By: \.,J~~ ~
WARREN H. SHAFER, C~ty Manager
city of Encinitas
I
I
!
TP/O3/COVl-95wp5 (6-13-89) 4
1187
. .
STATE OF CALIFORNIA)
) SS.
COUNTY OF SAN DIEGO)
On September 20, 1989, before me, the undersigned, a Notary Public
in and for said State, personally appeared Evelyn M. Weidner,
proved to me on the basis of satisfactory evidence to be the
Trustee under Declaration of Trust established May 10, 1989, and
to be the person whose name is subscribed to the within instrument
and acknowledges that she executed the same as such Trustee.
WITNESS my hand and official seal.
~~...) y ~J~ ~LE~J~LIft
, .-......,c.ç...
SAIl DIEGO COUNTY
No ary Public in and fo said State MY aMM. UP. AUG. 31.1990
PL/ACK-T-EW
. 1188 .
EXHIBIT "A"
The North Half of the West Half of the Southeast Quarter of the
Southeast Quarter of section 4, Township 13 South, Range 4 West,
San Bernardino Base and Meridian, in the City of Encinitas, County
of San Diego, State of California, according to Official Plat
thereof.
EXCEPTING THEREFROM Road Survey No. 704, filed in the Office of the
County Engineer in said San Diego County.
ALSO EXCEPTING THEREFROM that portion of Section 4 described above
lying Westerly of the following described line:
Beginning at the Southeast corner of the South Half of the West
Half of said Southeast Quarter of the Southeast Quarter, said
corner being marked by a 5/8" iron pin having coordinates X-1, 681,
165.98 feet and Y-328,472.69 feet; thence along the Easterly line
of said South Half of the West Half North 00 ° 08 '07" West 2 66.29
feet; thence leaving said Easterly line North 25°44'41" West,
140.97 feet; thence North 17°44'09" West, 350.89 feet; thence North
14°36'17" West 300.04 feet; thence North 15°56'27" West, 250.20
feet; thence North 46°00'20" East 60.00 feet to a point on the
Northerly line of that parcel of land conveyed to Robert L. Downs,
et al by deed recorded September 19,1956, in Book 6263, Page 159
of Official Records filed in the Office of the said County Recorder
said point being distant along said Northerly line North 89°00'31"
West, 69.17 feet from the Northeasterly corner of said parcel
conveyed to R. L. Downs.
AND ALSO EXCEPTING THEREFROM that portion described in Deed to the
State of California, recorded February 5, 1962, as Document No.
20482 of Official Records as follows:
TF/07/MS10 1167wp5 (9/18/89)
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Beginning at the intersection of the Easterly line of Orpheus
Avenue and the Southerly line of Normandy Road as shown on Road
Survey No. 704 filed in the Office of the County Surveyor of said
County; thence along the Easterly line of said Orpheus Avenue,
South 1°02'41" East 638.12 feet to the Southerly line of said
parcel conveyed to R. L. Downs; thence along said Southerly line
South 89°15'31" East 448.81 feet to the Southeasterly corner of
said parcel conveyed to R. L. Downs; thence along the Easterly line
of said parcel, North 0°08'07" West 183.36 feet; thence leaving
said Easterly line North 14°36'17" West 177.20 feet; thence North
15°56'27" West 250.20 feet; thence North 46°00'20" East 60.00 feet
to the Southerly line of Normandy Road as shown on said Road Survey
No. 704; thence along said Southerly line North 89°00'31" West
389.80 feet to the point of beginning.
TF/07/MS10 1167wp5 (9/18/89)
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EXHIBIT "B"
That portion of the North Half of the West Half of the Southeast
Quarter of the Southeast Quarter of Section 4, Township 13 South,
Range 4 West, San Bernardino Base and Meridian, in the city of
Encinitas, County of San Diego, State of California, according to
Official Plat thereof, lying within a 60.00 foot wide strip of
land, the sidelines of said strip lying 18.00 feet Westerly of and
42.00 feet Easterly of the following described line:
BEGINNING at the intersection of the construction centerline of
Piraeus Street and the centerline or Normandy Road (Road Survey No.
704) a shown on Sheet 13 of 184 of State Highway Plans 11-SD-5,
filed in the Office of the County Engineer of said San Diego
County; thence South 14°40'22" East, 622.23 feet to the beginning
of a tangent, 2,000 foot radius curve, concave Northeasterly;
thence Southeasterly along the arc of said curve through a central
angle of 10°19'38" a distance of 360.49 feet to the POINT OF
TERMINUS.
The sidelines of said strip of land shall be lengthened and/or
shortened so as to terminate Northerly in a line that is 30.00 feet
Southerly of and parallel with the centerline of Normandy Road as
shown on Road Survey No. 704, filed in the Office of said County
Engineer and to terminate Southerly in a line that bears North
65°00'00" East through the POINT OF TERMINUS.
TOGETHER WITH that portion of Section 4 described above lying
Northerly of a line that is 30.00 feet Southerly of and parallel
with the centerline of said Normandy Road (Road Survey No. 704).
ALSO TOGETHER WITH that portion of Section 4 described above lying
Easterly of a line that is 42.00 feet Easterly of and parallel with
the construction centerline of Piraeus Street as described above
~ lying Southerly of a line that is 30.00 feet Southerly of and
parallel with the centerline of Normandy Road (Road Survey No. 704)
~ lying Northwesterly of a 20.00 radius curve, concave
Southeasterly, said curve being tangent to said line that is 42.00
feet Easterly of and parallel with the construction centerline of
Piraeus Street and tangent to said line that is 30.00 feet
Southerly of and parallel with the centerline of Normandy Road
(Road Survey No. 704).
TF/04/MS9-1168WP5 (9-19-89-1)