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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 . . 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) , . . 1189 . " 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) .' ~ . 1190 . .. 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)