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1988-538830 r,: . 0 0757 . 88 538830 ' ReCOrding Requested By: ) ) ) R9 21 N1/{: 16 ) When Recorded Mail to: ) city Clerk ) CITY OF ENCINITAS ) 527 Encinitas Boulevard, suite 100 ) Encinitas, California 92024 ) NO FEE ) SPACE ABOVE FOR ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR ROAOWAY PURPOSES REQUIRED AS CONDITION OF APPROVAL OF ENCINITAS TPM 88-254 STEPHEN M. ROYCE, PATRICK E, DOUGHERTY AND KIM ROYCE DOUGHERTY ("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 55 I STREET, ENCINITAS , A.P,N 258-322-01 ("PROPERTY" hereinafter). In consideration of the approval of ENCINITAS TPM 88-254 by the city of Encinitas ("CITY" hereinafter), OWNER(s) hereby make (s) an Irrevocable Offer of Dedication, for the benefit of CITY, of the hereinafter described real property for ROADWAY PURPOSES 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: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS REFERENCE, TF/04/COVl-45wp 1(8-9-88-4) CC-# II .:?ðJ/.3 c,¿ ~4 0 0758 " OWNER hereby.rther offers to CITY . privilege and right to extend drainage structures and excavation and embankment slopes beyond the limi ts of the herein described right-of-way where required for the construction and maintenance of said ROADWAY 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 ROADWAY 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 TF/04/COVl-45wp 2(8-9-88-4) vacation tocedures 0 0759 " summary in section 830. 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, g-Io- fJ>cø DATED OWNER cY ~~lf)~~ ~.!!1 DATED KIM ROYCE R '8/10 /1 ~ Å L~ ~ DATED STEPHEN M, ROYCE, OWNER TF/04/COVl-45wp 3(8-9-88-4) DATED . 0 0760 . STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) On August 10, , 1983_, before me, the undersigned, a Notary Public in and for said St~CE ~allY appeared STEVE MC INTOSH ROYCE, PATRIƒ E, 00!llIERIT AND, own 0 me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledge that he executed the same. WITNESS my hand and official seal. /1v- :... "., .........."""... ~ .............. . OFFICIAL SEAL . i SUZETTE LA : . NO~RY PUBLJC-CALI~ORN'A ¡ Suzette Lau : sZt' BOND FI/.£D IN : My Com . 0/£00 COONTy """.....r::::.. ~ Ard D. ~ 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: /0//8 /~l! TF/O4/COVl-45wp 4(8-9-88-4) , 0 0761 . ' . EXHIBIT "A" - Lot 16 and the North Half of Lot 15, ßlock ß, ~ubdjv!sfon of Eaat Block 10, STurgea and Ratton'a SubdIvhJ.on of Eaat Rlocka 7, S, 10, 11 and 42 of Encfnftas, In the County 'of San DIego,_i?tàte'of CaUfonda, acc'ordfng to Nap thereof No, 33, fUed :In the Office of the County Recorder of Mid (;an Die!'.o County, on'Harcll 19, 1887. - ...' - - - - -, , . . '. 0 0762 é)(/lJBIT "s' - LEGAL DESCRIPTION OFFER TO DEDICATE PROPERTY FOR ROADWAY PURPOSES APN 258-322-01 THE EASTERLY 10.00 FEET OF LOT 16 AND THE EASTERLY 10.00 FEET OF THE NORTH HALF OF LOT 15, BLOCK B, SUBDIVISION OF EAST BLOCK 10" STURGES AND RATTON'S SUBDIVISION OF EAST BLOCKS 7,8,10,11 AND 42 OF ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,MAP THEREOF NO. 33, FILED IN "r, THE OFFICE OF THE COUNTY RECORDmR OF SAID SAN DIEGO COUNTY, ON MARCH 19, 1887, - .' . tÞ 0 0763 tÞ ~~ ~~ . . ~'~ M ' . ~~, \ . . ,~~ - ~$-- - - -$ '\ - l3M~\'3J.I'M ':.11' .9 lSIX3 ~ ~ ~ e---.f - s 0°< OIArna HSINHoO - - -<-I- - r.~~ /' / -'-" ~ "I [) /' / ~ t: -4~ < 7. "9 ~! " "';"" þ "'vê -,.a ~ n j '.~ ~C~,:-~~~,~,"-",,"-" x_x 3NI7SI'?7SiXJ¡ i.~~ " ----"".~ " ("'¡;,I)- \ ~\) ~ ~ ~- ~ " ~ý"L M OOO~OO I!! 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