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1989-605756 . 2108 " 605756 ," Recording Requested By: City of Encinitas M1 8: 22 ESNOV-7 When Recorded Mail to: city Engineer ) CITY OF ENCINITAS ) 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) ) SPACE ABOVE FOE For the benefit of the City ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY NO FEE FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF EN 300-89 Assessor's Parcel No. 261-062-12 Project No.: EN ,jW ub""l w.o. No.: N/A Log. No.: ¿18 S,C, JONES CONSTRUCTION. INC, , a California corporation ("OWNER" hereinafter) is the owner of real property descr~bed as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Bi THIS REFERENCE, which is commonly known as 2187 Manchester Avenue A,P.N 261-062-12 ("PROPERTY" hereinafter), In consideration of the approval of EN 300-89 by the City of Encinitas ("CITY" hereinafter), OWNER(s) hereby makers) 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, TFjOJjCOVl-95wp5 (6-13-89) 1 C( -.{-I . 2109 . 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. 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 wj~thin 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/COVI-95wp5 (6-13-89) 2 . . 2110 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. TFjOJjCOVl-95wp5 (6-13-89) J . 2111 . Own~r: S.C, Construction, Inc, ~ ,,(>.~ ~ 3 /9 1'1 ~ëv \_~- ë\, DATED PRESIDENT 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 by its duly authorized officer. Date: 1/~ &,- :¿'1 By: Ù~ -+J ()L~ WARREN H, SHAFER, Cit Manager City of Encinitas CAT. NO. NNOO737 SURANCE TO 1945 CA (8-84) ~ TICOR TITLE IN (Corporation) STATE OF CALI } SS. COUNTY OF . . before me, the undersigned, a Notary Publ1c In and for On t lid State, personally ppeared . ersonally known to me or proved to me on the basIs .. satisfactory evidence to be the person who executed œ t e withIn Instrument as the ~ resident, ~" .. ~O1O",.oIl) ¡'AB A l~ 'He ~ ~ ~rB.iI " .... V" lL b.,¡. sf ..L;.f..Lvl) . ¡à.. .. M :: Ii ,". r ..VH "I,u cxccuced d,c ";,1.;,, ¡""'ORl'At aD , ~ ~ee'e"'r of the CorporatlOn that executed the within instrument and acknowledged to me thar such corporation executed the wIthIn mstru- mem pursuant to its by-laws or a resolutlOn of as board of directors. WITNES~ . (This area fa, official notadal seal) SIgnature H/VJ/'-VVl.-';"WP'" (b-lJ-89) 4 . 2112 . EXHIBIT "A" Lots 25 and 26 in Block 29 of CARDIFF, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No, 1298, filed in the Office of the County Recorder of San Diego County, May 14, 1910, . 2113. .;. EXHIBIT "B" Those portions of Lots 25 and 26 in Block 29 of CARDIFF, in the City of Encinitas, County of San Diego, State of Cali- fornia, according to Map thereof No, 1298, filed in the Office of the County Recorder of San Diego County, May 14, 1910, lying Southwesterly of a line that is 30.00 feet Northeasterly of and parallel with the centerline of Manchester Avenue as s,10wn on said Map No, 1298 AND that portion of said Lot 25 lying South- easterly of a line that is 30,00 feet Northwesterly of and para- llel with the centerline of Chesterfield Drive as shown on said Map No, 1298, TOGETHER WITH that portion of said Lot 25 lying Northeasterly of a line that is 30,00 feet Northeasterly of and parallel with the centerline of said Manchester Avenue AND lying Northwesterly of a line that is 30,00 feet Northwesterly of and parallel with said Chesterfield Drive AND lying Southerly of a 20.00 foot radius curve, concave Northerly, said curve being tangent to said line that is 30,00 feet Northeasterly of and parallel with the center- line of Manchester Avenue and tangent to said line that is 30,00 feet Northwesterly of and parallel with the centerline of Chester- field Drive,