1988-538832 0 0770 88 $ 3 8=33 2
Recording Requested By:
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When Recorded. Mail to: 0C 21 A3=111: 15
f City Clerk `rLE
CITY OF ENCINITAS
527 Encinitas Boulevard, Suite 100 ) m.
Encinitas, California 92024 )
SPACE ABOVE FOR PO FEE
j ) RECORDER'S USE 0
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY r
FOR Public Right-of-Way REQUIRED AS CONDITION
OF APPROVAL OF EN 175/176-88
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Rimmer Development Corporation
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("OWNER" hereinafter) is the owner of real property described w
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS Vd
REFERENCE,
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which is commonly known as 2381 & 2383 Oxford Avenue, Cardiff, CA 0
A.P.N 261-093-38 ("PROPERTY" hereinafter) . In ^^m
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consideration of the approval of
RN 175/176-$$ O
S` by the City of Encinitas ("CITY" 0
hereinafter) , OWNER(s) hereby make(s) an Irrevocable Offer of
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Dedication, for the benefit of CITY, of the hereinafter Z
described real property for Public Right-of-Way
The real property referred to above is situated in the City of
Encinitas, County of San Diego, State of California, and is m
more particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS
REFERENCE. r
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TF/04/COV1-45wp 1(8-9-88-4)
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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( right-of-way where required for the construction and
maintenance of said public right-of-way RESERVING Q
7 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 ther
g protection, support and/or
drainage facility, provided such substitution is first approved m
in writing by CITY. 0
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OWNER hereby further offers CITY all trees, growths � .
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(growing or that may hereafter grow) , and road building 0
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 Z,
necessary, in the construction, reconstruction, improvement or
maintenance of said public right-of-way. ^^m
OWNER, for himself, his successors and assigns, hereby O
s:
waives claim for any and all damages to OWNER'S remaining
property contiguous to the right-of-way hereby conveyed by O
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reason of the location, construction, landscaping or z
maintenance of said public right-of - way
This Offer of Dedication is made pursuant to Section 7050
of the Government Code of the State of California and may be C
accepted at any time by CITY. '
A
This Offer of Dedication may be terminated and the right
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to accept the offer may be abandoned in accordance with the
TF 04 C0V1-45
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rY procedures in Section 8300 et seq. of the
Streets and Highways Code of the State of California. The i
termination and abandonment may be made by CITY.
This Offer of Dedication shall be irrevocable and shall
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run with the land and be binding upon and inure to the benefit '
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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 r
deed(s) and easement(s) shall be subordinated to this Offer of m
' Dedication.
OWNER agrees that OWNER's duties and obligations under
this Offer of Dedication are a lien upon the PROPERTY. Upon v
fl notice and opportunity to respond, CITY may add to the tax
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bill of OWNER any past due financial obligation owing to CITY n
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by way of this Offer of Dedication. z
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If either OWNER or CITY is required to incur costs to
3 enforce the provisions of this Offer of Dedication, the ^m
prevailing party shall be entitled to full reimbursement of all 0
k costs, including reasonable attorneys' fees, from the other '01
party. CITY may assign to persons impacted by the performance O
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of this Offer of Dedication the right to enforce this Offer of Z
Dedication against OWNER.
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F DATED
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DATED
STATE OF CALIFORNIAI
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STATE OF CALIFORNIA Iss
DIEGO
couNTYOF SAN )
September 13, 1988 before me,the undersigned,a Notary Public in and for
O and /t•�
3 RONALD D. RIMMER-- 1y��
said Slate,personally appeared
`� �t x4t3o�tb5Hx(br Proved to me on the Mn
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f`c basis of satisfactory evidence)to be the persons who executed the within instrument as 3(i `{ FR
E n President ° XXXXXXXXXXrCr on behalf of R TMM
LL E
=v DEVELOPMENT CORPORATION
OFFICIAL St"
mthe corporation therein named,and acknowledged to me that Norma K.Gelriapn
suchcorporalionoxoculodthawithininstrumentpursuanttoIts yr Noy�yPublic-California r
SAN DIEGO COUNTY
by-laws or resolution of its board of directors. MyCanmExPires Mar-0 1Be' '
e r
WITNESS my hand and official seal. i
}l i (This area for official notarial seal)
S
r� Signature
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I certify on behalf of the City Council of the City of rn i
Encinitas, pursuant to authority conferred by Resolution of
said Council adopted on July 271 1987 that the City of
Encinitas consents to the making of the foregoing Irrevocable
C Offer of Dedication and consents to recordation thereof by its
duly authorized officer. O <.
Date: j O By:
,4e-' LWARRE H. SHAFER, City Manager Z
City f Encinitas
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0 07'74
EN 175/176-88
Public Right-of-Way dedication APN#261-093-38
Rimmer Development Corp.
j EXHIBIT "A" ` d
Lots 27 and 28 in Block 13 of Cardiff, County of San Diego, State �D
of California, according to Map thereof No. 1298, filed in the office r
of the County Recorder of San Diego County, November 14, 1910.
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EN 175/176-88
Public Right-of-Way dedication
Rimmer Development Corp.
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EXHIBIT "B" _'
The westerly 10'-Oty of Lots 27 and 28 in Block 13 of Cardiff, County r
of San Diego, State of California, according to Map thereof No. 1298,
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!'! filed in the office of the County Recorder of San Diego County, m
'I November 14, 1910.
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