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1989-588082 " .' . 89 5.82 .. , . , ., . Recording Requested By: ) . 1178 ~ City of Encinitas 59 OCT 30 AM 8: 20 . ) When Recorded Mail to: ) , ,- ", City Engineer ) CU"i ", ¡ ! CITY OF ENCINITAS ) ---' 527 Encinitas Boulevard, Suite 100 ) Encinitas, California 92024 ) NO FEE ) SPACE ABOVE FOE ) RECORDER'S USE IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT-OF-WAY REQUIRED AS CONDITION OF APPROVAL OF EN 431--'88 Assessor's Parcel No. 260-084-18 proj ect No.: EN 431-88 W,O. No.: N/A Log. No.: 242 Michael R. Gutierrez and Virginia L. Gutierrez ( " OWNER" hereinafter) lS the owner of real property descriDed as follows: SEE EXHIBIT "All ATTACHED HERETO AND MADE A PA...~T HEREOF :BY THIS REFERENCE, which is commonly known as 1535 Rubenstein Avenue , A.P.N 260-084-18 (IIPROPERTYII hereinafter). In consideration of the approval of EN 431-88 by the city of Encinitas ("CIT'::'II .. hereinafter), OWNER(s) hereby make(s) an Irrevocable Offer of ûedication, for the benefit of CITY, of the hereinafter des~ribed real property for PUBLIC RIGHT-OF-WAY The real property referred to above lS situated in the City of Encinitas, '1'10'/0] /COV 1-<) ~)Wp~j «(;-lJ-89) 1 CCid-sq I I" . . I 1179 ' , " County of San Diego, State of California, and is more particularly d€.-scr ibed 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-W1W . RESERVING unto OWNER, his successors or asslgns, 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 wi.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 RIG¡¡T-OF-~\mY '[IF/ 0 1/ COVl-\) ~;\ýP'j (C;-LJ-n')) 2 . 118 . . 0 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 wi th 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 anà 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. 'l'F/()'J/COVl-()~jwP~) (i-ll-i]'J) :3 . " . . , ~~J--e. 7Ò 19!'Ý ~ "" . DA D \ \" ¿xV, ~~q cY LW.~ DATED / STATE OF CALIFORNIA) ) ss: COUNTY OF SAN DIEGO) onc),Of::!¡ ~ifJt', , 1989..., before me, the undersigned, a . Notary t. ~ in, Ii and for said State, personally appeared 11 R.. f trf7ln/~ 6ut/erre~ , known to me or proved to me on the basis of satisfactory evidence to be the person whose nam~bscribed to the wi thin instrument and acknowledge that. l executed the s e. WITNESS my hand and official seal. lic in and for OFFICIAL SEAL Y and State ',' M RAINEY . NOTARY PUBLIC. CAUF'ORNIA SAN DIEGO COUNTY My COInm. 8Xþires SfP 25, 1992 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Coqncil 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: \ o. 2.S -<gOf By: Ù~-+\~ ' WARREN H. SHAFER, Clty Manager City of Encinitas TFjO4jCOVl-45wp 4(11-2-88-5) . . . . . . " 1182 EXHIBIT "A" Pa~cel 2 of Parcel Map 14406, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on August 7, 1986, Recorder's file No. 86-336513. I . '.' . . ~ 1183 EXHIBIT "B" That portion of Parcel 2 of Parcel Map 14406 as described in EXHIBIT "A" above, lying Westerly to Northwesterly of a line that is 30.00 feet Easterly to Southeasterly of and parallel with the centerline of Rubenstein Avenue as shown on said Parcel Map 14406.