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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 !♦� s ("OWNER" hereinafter) is the owner of real property described r 9 as follows: _ . ) SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, y . 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) I p flu 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 � D (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) o .1 . 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 p 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 R j TF/04/COVJ-45wp 3(11-2-88-5) 2 ryr f 1696 D D jam' DATED ' William A. Perrone 7 i t ♦lit,r I / ' �ifir � o .. v DATED Uo�N. Perrone STATE OF CALIFORNIA) WsAmacles) ss: ) COUNTY OF - ) f z 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. ) WITNESS my hand and official seal. r 'Y N i ry Public in and for r 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 . I �f 0; ; 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. .0 j 7 � , 1 ,�: 1698 y EXHIBIT "B" t, S` IRREVOCABLE OFFER TO DEDICATE Mmm �r •; 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. r 1 '1 1 t° i k I ' *S T 11 07 { I e aj .: 4 ice.