1990-27005r
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Recording Requested By:
City of Encinitas
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When Recorded Mail to:
City Engineer
CITY OF ENCINITAS
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024
SPACE ABOVE FOR
RECORDER'S USE
E~
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC RIGHT-OF-WAY. REQUIRED AS CONDITION
OF APPROVAL OF EN 271-89 NO FEE
Assessor's Parcel
No. 258-233-01 Project No.: EN 271-89
W.O. No.. N/A
Log. No.
. 23 Z
Kathleen McDonald, an unmarried woman
("OWNER" hereinafter) is the owner of real property descr_:Ded as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
which is commonly known as
A.P.N 258-233-01 ("PROPERTY" hereinafter). In
rt T e:
705 Arden Drive
consideration of the approval of
by the City
EN 271-89
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,
TF/03/,COV1-95wp5 (6-13-89)
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1197
County of San Diego, State of California, and is more particularly
described as follows: -
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETC 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
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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.
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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.
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EXHIBIT "A" izoo
Lot 11, Block E of ENCINITAS HIGHLANDS, in the City of
Encinitas, County of San Diego, State of California,
according to Map thereof No. 2141, filed in the office
of the County Recorder of San Diego County, December 4,1928.
EXCEPTING THEREFROM that portion described as follows:
Beginning at the Southwesterly corner of said Lot 11;
thence Easterly along the Southerly line of said Lot 11
to the Southeasterly corner of said Lot 11; thence
Northerly along the Easterly line of said Lot 11, 58.00
feet; thence Westerly along a line parallel with the Southerly
line of said Lot 11 to a point in the Westerly line of Lot
11; thence Southerly along the Westerly line of Lot 11,
58.00 feet to the Southwesterly corner and POINT OF
BEGINNING.
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EXHIBIT "B"
That portion of said Lot 11 as described in EXHIBIT "A"'above,
lying Northerly of a line that is 30.00 feet Southerly of and
parallel with the centerline of Riqueza Street as shown on said
Map No. 2141 AND lying Westerly of a line that is 30.00 feet
Easterly of and parallel with the centerline of Arden Drive
as shown of said Map No. 2141.
TOGETHER WITH that portion of said Lot 11 lying Southerly of
a line that is 30.00 feet Southerly of and parallel with the
centerline of said Riqueza Street AND lying Easterly of a line
that is 30.00 feet Easterly of and parallel with the centerline
of said Arden Drive AND lying Northwesterly of a 20.00 foot
radius curve, concave Southeasterly, said curve being tangent
to said line that is 30.00 feet Southerly of and parallel with
the centerline of Riqueza Street AND to said line that is 30.00
feet Easterly of and parallel with the centerline of Arden Drive.