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,