1989-153018 8b 153018
1693
Recording Requested By:
qri City of Encinitas ) 89 MAR 27 $.
I When Recorded Mail to: )
.City Engineer L_9)€i2t1Y RECORDER
CITY OF ENCINITA3 )
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024 )
SPACE ABOVE FOR NO FEE 3.r
For the benefit of the City ) RECORDER'S USE
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY "''
FOR Public Right-of-way REQUIRED AS CONDITION
OF APPROVAL OF 87-023-BA '
Assessor's Parcel Log. No.: //3=001
No. 254-413-19 Project No. : 87--0Q-,64
W.O. No. : �/qm
to
WILLIAM A. PERRONE AND JOYCE N. PERRONE, HUSBAND AND WIFE !♦�
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("OWNER" hereinafter) is the owner of real property described
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as follows: _ .
)
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE,
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which is commonly known as SEE EXHIBIT "A" ,
10
A.P.N 254-413-19 ("PROPERTY" hereinafter) . In
consideration of the approval of $7-023-BA }.:
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, County of San Diego, State of California, and is
more particularly described as follows:
TF/04/C0V1-45wp 1(11-2-88-5)
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1694
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 R/W 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,y, provided such substitution is first approved ♦♦v
in writing by CITY.
OWNER hereby further offers CITY all trees, growths �
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(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 mannera.
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 R/W
This Offer of Dedication is made .
pursuant to Section 7050
T' TF/04/COV1-45wp 2(11-2-88-5)
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. 16`95
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 se q.
of the
L' 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
t run with the land and be binding upon and inure to the benefit
i
of -future owners, encumbrancers, successors heirs-
personal i sm
representatives, transferees and assigns of the respective
parties.
At time of acceptance of this offer any and all trust
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deed(s) and easement(s) shall be subordinated to this Offer of
P b
a
A
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
1.
by way of this Offer of Dedication. AV
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 t
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 '
f
Dedication against OWNER. '
Pik
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2
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D D jam'
DATED
' William A. Perrone
7
i t ♦lit,r I / ' �ifir � o ..
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DATED Uo�N. Perrone
STATE OF CALIFORNIA)
WsAmacles) ss:
) COUNTY OF - )
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On �
F+ 1 if A R -1-S , 198 , before me, the undersigned, a
x Notary Public in and for
Said personally.
appeared )tLLI{}i�l PERRnn1E iToycr�l, a�F known to me or
VFW
proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and
acknowledge that executed the same.
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WITNESS my hand and official seal.
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N i ry Public in and for
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OFFICIAL SEA[, said County and State }
toroENE G.wnuOXSON
ROTARY PU@L'C.:,A({FORNA
LOS ANGELES COUNTY
ft Comm.Expires Oct 31.1992 �r .
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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 Council 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
z duly authorized officer.
3 Date: 03-z3—�`� By
WARREN H. SHAFERI Cit anager
{
City of Encinitas
TF/04/COV1-45wp 4(11-2-88-5)
1� M
F_ulIBIT "A" -
4. 1697
THE 'LAND REFERRED TO HEREIN I5 SITUATED IN THE STATE OF CALIFORNIA,
{ COUNTY OF SAN DIEGO, CITY OF (UNINCORPORATED AREA) , AND IS
DESCRIBED- AS FOLLOWS:
PARCEL 1:
i
THAT PORTION OF LOT 3, IN BLOCK "J" OF SOUTH COAST PARK
ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE OFFICE OF
I COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF'SAID LOT 3, THENCE
ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 68.04'40" EAST
431.00 FEET TO POINT "A" OF THIS DESCRIPTION, BEING THE '
SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO EMANUEL
D. BACHMANN, RECORDED MAY 1, 1933, IN BOOK 207, PAGE .32..
OF OFFICIAL RECORDS, THENCE ALONG THE EASTERLY LINE OF
SAID SACHMANN'S LAND NORTH 11.04'00" WEST 40.00 FEET TO
AN ANGLE POINT IN THE BOUNDARY OF LAND FIRST DESCRIBED
IN DEED TO JOHN C. GOODNOUGH, ET UX, RECORDED NOVEMBER
26, 1946, AS DOCUMENT NO. 126465 OF OFFICIAL RECORDS, THENCE 3
ALONG •SAID BOUNDARY NORTH 68.04'-40" EAST 30.00 FEET AND
NORTH 11004'00°WEST 40.00 FEET'TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING THE LAST COURSES TO SAID POINT "A THENCE
ALONG SAID SOUTHEASTERLY LINE OF LOT 3 NORTH 68.04'40"
EAST 245.18 FEET TO THE SOUTHEASTERLY CORNER THEREOF, THENCE
ALONG THE EASTERLY LINE OF SAID LOT 3 NORTH 03.03'55" 50.98
Fes' TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED
TO OLIVER PHILLIPS, ET UX, RECORDED`AUGUST 13 1969
FILE NO. 147314 OF OFFICIAL RECORDS, THENCE ALONG THE BOUNDARY OF SAID PHILLIPS' LAND NORTH 87.13'00'• WEST 89.00 FEET,
AND NORTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE
WESTERLY LINE OF SAID LOT 3, DISTANT THEREON NORTH 87.13'00"
WEST 100,00 FEET FROM THE NORTHEASTERLY CORNER OF SAID
LOT 3, THENCE ALONG SAID NORTHERLY LINE NORTH 87.13.00,-
WEST 123.00 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED
IN DEED TO MARLAND C. SMITH, ET UX, RECORDED AUGUST 12, `
1969, AS FILE NO. 146314 OF OFFICIAL RECORDS, THENCE ALONG
THE EASTERLY LINE OF SAID SMITH LAND SOUTHEASTERLY IN A `
STRAIGHT LINE TO THE TRUE POINT OF BEGINNING.
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1698 y
EXHIBIT "B"
t,
S` IRREVOCABLE OFFER
TO DEDICATE
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That portion of Lot 3, in Block "J" of SODTgCOAST PARK ANNE{, in the
County of San Diego, State of California, according to Map thereof No,.
1788, filed in the Office of the County Recorder of San Diego County,
described as follows: !BEGINNING ' at the South-easterly corner of Lot 3,
thence along the Easterly line thereof North 50 04' 12" Vest 52.25 feet;
thence South- 68° 04' 23" West 219.98 feet; thence South 60 37' 54 East
10.37 feet; thence South 680 04' 23" West 30.00 feet; thence South 110 l ' ✓ '{
09' 57" East 40.72 feet; thence North 680 04'' 23" 245.17 feet to the Q '
POINT OF BEGINNING.
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