1989-588082
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Recording Requested By: )
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City of Encinitas 59 OCT 30 AM 8: 20
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When Recorded Mail to: ) , ,-
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City Engineer ) CU"i ", ¡
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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
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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,
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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
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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.
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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.
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DATED /
STATE OF CALIFORNIA)
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COUNTY OF SAN DIEGO)
onc),Of::!¡ ~ifJt', , 1989..., before me, the undersigned, a
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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
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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)
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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.
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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.