1989-2635
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0824
89
002635
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Recording Requested By:
CITY OF ENCINITAS
89 JMi -4 Aì1 8: 30
\ VERA L, LYP;_- I
L.£°Ui-HY HEC:.W°£!.j
When Recorded Mail to:
ci ty Engineer
CITY OF ENCINITAS
527 Encinitas Boulevard, suite 100
Encinitas, California 92024
SPACE ABOVE FOR
RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR fueL-Ie. RIc;,I-IT Or 'WA~ REQUIRED AS CONDITION
OF APPROVAL OF EN 318-88
filOffê
Assessor's Parcel
No. 2(;,0-4-/1-35
Log. No.: 07o-tX,
Proj'ect No.: 318-88
W.O. No.: I'I/t<t
Rono.ld M Ic.hel Heje.dus
("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
Zlo4-
EõDINßùl2.GH
A.P.N
z.~o-4// -3,'1
In
("PROPERTY" hereinafter).
consideration of the approval of
£/'J 3/8-88
by
City
("CITY"
Encinitas
the
of
hereinafter), OWNER(s) hereby make(s) an Irrevocable Offer of
Dedication,
benefit
CITY,
of
the
hereinafter
the
of
for
described real property for
"PUBLIC
OF
WA'f
RI(;,I-1T
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:
TF/04/COVl-45wp 1(11-2-88-5)
ac!:f;\}ลก'
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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
I
I
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I
right-of-way
where
required
for
the
construction
and
maintenance of said
'PUBLIc.
1<lbH-T Of' W-A'f
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
R!bl--'T
0;::-
WAV
This Offer of Dedication is made pursuant to Section 7050
TF/04/COVl-45wp 2(11-2-88-5)
of the Governme~code of the state of ~~~ornia 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.
TFj04jCOVl-45wp 3(11-2-88-5)
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0827
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DATED
DATED
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN DIEGO)
On /.;< h / , 198L, before me, the undersigned, a
Notary Public in and for said state, personally
appeared R.~<.1d .M:~¡'..I ¡l{e",.lv1- , known to me or
proved to me on the basis" of satisfactory evidence to be the
person whose name is subscribed to the within instrument and
acknowledge that J~ executed the same.
OFFICIAL SEAL
W RON EDDE
NO-:-^RY PUBLIC' CALIFORNIA
SAN DIEGO COUN1Y
My comm. expires M'AY 25, 199~
WITNESS my hand and official seal.
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:
/2 -27-'/';
By:
l\ .~ ~
-~ (C~~-U, 'rS'-- .
WARREN H. SHAFER, ity Manager
city of Encinitas
TF/04/COVl-45wp 4(11-2-88-5)
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129
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