1994-402430 --_,7
~FF~.~L RECORDS
Record±ng Requested By: 5~ 0lEG0 COU!!T¥'RECOROER'S OFFICE
;S~SG~3R¥ S~IT'H~ COU~TY RECORDER
FEES: 0.00
When Recorded ~ail to:
City Clerk
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, California 92024
SPACE ABOVE FOR
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 EN 93-1382
Assessor,s Parcel
No. 256-151-4~ Project No.: ~I_~82
W.O. No.: N/A
BRUCE CORNEL~
("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 646 Ocean View Avenu~ ,
A.P.N 256-151-43 ("PROPERTY" hereinafter). In
consideration of the approval of Buildinq Permit No. EN 93-1382
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
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:
BO/03/COV4-257wp51 (11-10-93-3) 1
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.
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.
BO/03/COV4-257wp51 (11-10-93-3) 2
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.
BO/03/COV4-257wp51 (11-10-93-3) 3
Owner:
DATED Bruce Co~e 11
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 y its duly authorized officer.
b '
C~'~y M~age~
City of Enc~nitas
BO/03/COV4-257w-pS1 (11-10-93-3) 4
EXHIBIT "A"
LOT 3 IN BLOCK 3 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 29, 1924; EXCEPTING THE NORTHERLY 20 FEET OF SAID LOT
3.
" :' 60
EXHIBIT "B"
THE EASTERLY 7.00 FEET OF LOT 3 IN BLOCK 3 OF AVOCADO ACRES, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924; EXCEPTING THE
NORTHERLY 20 FEET OF SAID LOT 3.