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1990-27005r I Recording Requested By: City of Encinitas 1 9 6 9 0 I~ 27-nl 0 5 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) 1 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 TF/03/COV1-95wp5 (6-13-89) 2 • 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. 1198 0 TF/03/COV1-95wp5 (6-13-89) 3 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. • ~ izoi 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.