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1989-384948 . 89 .4948 . . 0571 " '- \ Recording Requested By: ) I ) , 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 - 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\ ).-.. - - . 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. .- - 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 - - . , ,. " 057A . . .. ~ ~ 2- ,. ,): :., 1 -- ~~¿~ , .. -r-.~ DATED PADAM S. GILL IêIJ .~ - '-6 31- ~9 - 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 ... 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... """' A 11t11", 1992 . . . 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) - " . 05'76 . , 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. i I " 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 - .. . 0577 8 , . 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.