1988-538831
. 0 0764 8- 88 538831
."
Recording Requested By: )
)
) «C r~- "! ,..,:, f 5
) - c, L,
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 Right of Way REQUIRED AS CONDITION
OF APPROVAL OF J:<:N <::56-88
Henry Dean Kedenburg
("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 1707 Hygeia Avenue, Leucadia, Ca.
,
A.P.N 216-081-36 ("PROPERTY" hereinafter). In
consideration of the approval of EN 256-88
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 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:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS
REFERENCE.
TFj04jCOVl-45wp 1(8-9-88-4) " I
~í
-'J
hereb_urther 0 0765
.' OWNER offers to CITY. privilege and
right to extend drainage structures and excavation and
embankment slopes beyond the limits of the herein described
right-of-',¡ay where required for the construction and
maintenance of said 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 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.
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) I
vacation4lÞrocedures 0 0766 838 et
summary in Section sec;:. 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.
..-
;" ( ,/
;?',:r- 'í ,.~ ";-"¡ /'::;C.v' ~-_.' ¡./
DATED ~I
.J 'J
TF/04/COVl-45wp 3(8-9-88-4)
0 0767
. . DATED 9/15/88 . .
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
9/15 8 .
On , 198--, befare me, the underslgned, a
Natary Public in and far said State, persanally
appeared HRNRV DRAN KRDRNRTTRr. , known to. me or
proved to. me an the basis af satisfactory evidence to. be the
persan whase name is subscribed to the within instrument and
acknowledge that he executed the same.
WITNESS my hand and afficial seal. ./..) .' .' .' ./'.' 1
I ' (/
\ - / .J. !
_/ ¿- ," / i /, - ¿y(~ --
~..+......... .... ............. Nota'ry Public in and far
. '"D. t 'd t d
. ."- ", OFFICIAL SEAL ¡ sal Coun y an State
¡ Joan K. Seltz i
. ; NOTARY PUBLiC-CALIFORNIA
: PRINCIPAL OFfICE 'N
. SANOIEGOCQUNT,'oM :
L My CommissIOn Expires June 14~
..... +. + +....................
I certify an behalf af the City Council of the City of
Encini tas, pursuant to authority conferred by Resolution of
said Council adapted an July 27, 1987 that the City af
Encinitas cansents to. the making of the faregoing Irrevacable
Offer of Dedication and cansents to. recordatian thereaf by its
duly authorize.. d O.ff.lOO" - , ~-
/^ / (í / d X' - 1 /j., i Fo'" L-
Oa te :' ,II. / () iJ By: - , v ( /
'~.'. ,"'- WARRE,lfftlI. SHAFER, City Manager
/ City'af Encinitas
TFj04jCOVl-45wp 4(8-9-88-4)
\, . 0 0768 .
., -.
EXHIBIT A
PARCEL 3 OF PARCEL MAP NO. 15083, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 23, 1987
AS FILE NO. 87-705612 OF OFFICIAL RECORDS.
t. . 0 0769 .
. .,.
EXHIBIT B
THE WESTERLY AREA OF THE PARCEL DESCRIBED IN EXHIBIT A WHICH
LIES WITHIN THIRTY FEET OF THE CENTER LINE OF HYGEIA AVENUE.