1989-384948
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89 .4948 .
. 0571
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Recording Requested By: )
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City of Encinitas )
) 59 JUt. 21 AM 8= 30
When Recorded Mail to: ) f VER,ù L. LYL~
City Engineer ) '('r"".,v",.,._,.
j "l1Vj' ¡ ;-e: t.=}ROfR
CITY OF ENCINITAS ) ~ .
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 )
) SPACE ABOVE FOR "~,'LfE&~
) RECORDER'S USE
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IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR PUBLIC R~GHT-~F-WAY REQUIRED AS CONDITION
OF APPROVAL OF EN 225-89
Assessor's Parcel
No. 258-350-28 proj ect No.: t=tJ Z25-8~
W.O. No.: 1"//1
Log. No.: /11
PADAM S. GILL AND RANI B. GILL
( "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 754 Bonita Rd. ,
A.P.N 258-350-28 ("PROPERTY" hereinafter). In --
consideration of the approval of EN 225-89
'-- by the City of Encinitas ("CITY"
hereinafter), OWNER(s) hereby make(s) 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,
TF /OJ/COVl-95wp5 (6-:1.3-89) 1
C. C -M' L\ ).-..
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. 0572 . .
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 construc-i;-ion 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 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 RIGHT-OF-WAY
T'F/O3/COVl-95wp5 (6-13-89) 2
. 05738 .
,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 ln Section 8300 et seq. of the Streets and
Highways Code of the State of California. The termination and
abandonment may be made ~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.
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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.
TF/OJ/COVl-95wp5 (6-13-89) 3
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DATED PADAM S. GILL
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'-6 31- ~9
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DATED (, - c¡ - ~C¡ ~ ~~k
STATE OF CALIFORNIA) RANI B. GILL
) ss:
COUNTY OF SAN DIEGO)
On rn 1+'1 ~I , 1981-, before me, the undersigned, a
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Notary PubllC in and for said State, personally .
appeared f fi.IJAI1-1 $, Gì/¡ , 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 H¡: executed the same.
~ WITNESS my hand and official seal, ~
I ~ S'. S2 "'. ..
8 '~ P~1ic in and for'
\. OOUGs.SlMTTUCK said County and State
HOTNIV .wuc . CALFONM
MH OI!GO COUNt'V
"'" CoM... """' A11t11", 1992
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I certify on behalf of the City Council of the City of
Encinitas, pursuant to authority conferred by Resolution of
said Cot¡ncil 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- \ q - <fS'1 By: Ù~--+-\ ~ -
WARREN H. SHAFER, C~ Manager
City of Encinitas
TF/04/COVl-45wp 4(11-2-88-5)
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EXHIBIT "A"
The South Half of the East Half of the Northeast Quarter of the
Northeast Quarter of the Southeast Quarter of Section 15,
Township 13 South, Range 4 West, San Bernardino Merdian, in the
City of Encinitas, County of San Diego, State of California,
according to the Official Plat thereof.
EXCEPTING THEREFROM the East one rod thereof.
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" 0575
San Diego Trust 6- Savings Bank S NOTARY ACKNOW~~:~:I~~::'
STATE OF CALIFORNIA } SS.
COUNTY OF SAN DIEGO
On this~ day of bQ. in the, I qyq befoĊ me, the unde>'S~ned, a Nota", Public in and fo, sa~ County
arnJ State, "",,,onally a""ea",d ,,~ ,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to this instrument. and ac-
knowledge that he (she/they) executed the same,
OFfiCIAL SEAL
. MAl/LA MAl/TIN
Z NOr", ""~ . """'OR""
:> "" PRINCIPAL OfFICE 'N
~ W~Q~fficiar :~......... ... " ..._~AN DIEGo COUNTY
L!) <.. ---- -....".'\ y """'mISSIOtl E .p 4- , 3
j, -"- ) . ..,.,n ,1992
~ (for notary seal or stamp)
Notary's Big ature
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EXHIBIT "B"
That portion of the South Half of the East Half of the Northeast
Quarter of the Northeast Quarter of the Southeast Quarter of
Section 15, Township 13 South, Range 4 West, San Bernardino
Meridian, in the City of Encinitas, County of San Diego,
State of California, according to the Official Plat thereof,
lying Easterly of a line that is 30.00 feet Westerly of and
parallel with the centerline of Bonita Drive, said centerline
also being the East line of said Section 15.