1989-59474489 594744 f
1856 i
Recording Requested By: t�CC =B ��� �iCtt- fCUUN WEA City of Encinitas ) 't30��..,�JUNT'f ca (.
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When Recorded Mail to: 89 MOO -1 AN 81-20
City Engineer L COl grY RFCGROER
CITY OF ENCINITAS
527 Encinitas Boulevard, Suite 100 )
Encinitas, California 92024 ) .1
SPACE ABOVE FOR ;
RECORDER'S USE i
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY XQ F9-6 .
FOR PUBLIC RIGHT OF --WAY REQUIRED AS CONDITION
�i
OF APPROVAL OF EN 344 -88
Assessor's Parcel
No. 257 - 011 -13 Project No.: EN 344 -88
W.O. No.: N/A
DOUGLAS ALLEN SCHWAEBE Log. No.: 271
NICHOLAS JON SCHWAEBE AND SABINA HILDEGARD SCHWAEBE
( "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 502 Quail Gardens Road
A.P.N 257- 011 -13 ( "PROPERTY" hereinafter). In -- j
consideration of the approval of EN 344 -88
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 /'0.3 /COV1 -95wp5 (6- 1.3 -89) 1
1857
County of San Diego, State of California, 1 fornia, 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 construat;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
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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 t
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 r'
claim for any and all damages to OWNER'S remaining property
contiguous to the right -of -way hereby conveyed by reason of the
Y
location, construction, landscaping or maintenance of said
PUBLIC RIGHT -OF -WAY
TF /03 /COVJ -95Wp5 (6- 13 -89) 2
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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 in Section 8300 et seq. of the 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 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.
1858
TF /03 /COV3. -95wp5 (6- 13 -89) 3
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DOUG L S AEBE
DATED
NICH LAS J N SCHWAEBE
DATED
SABINA HILDEGARD SCHWAEBE
x'
Signature of owners_ must be
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notarized. Attach the
'
appropriate acknowledgement.
{ `'
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
making of the foregoing
consents to recordation thereof
consents to the
Irrevocable Offer of Dedication and
by its duly authorized officer.
s'.
Date: �C7 -3o ^VZ
r�
By:
WARREN H. SHAPER, Cl Manager`ti"
City of Encinitas
TP /03 /COV1 -95wp5 (6- 13 -89)
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•. � 860
NOTARY FORM
STATE OF CALIFORNIA }
a"
COUNTY OF _San Diego }
°;
On October 20, 1989 before me, the
undersigned, a Notary Public in and for said State, personally
'
appeared _ Douglas A Schwaebe
personally known to me zxxVx=vxadx±=XWXXMXtj= x
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XAtiM: AVtvX.lix> AV=e to be the person whose name is subscribed
to the within instrument and acknowledged that
Douglas A hwa be executed the same.
Notary signature line
(seal)
OFFICIAL. SEAL,
:�
ELIZABETH WILTS -HULL
Ft_a6k h107ARY PVDl.1C - CALIFORNIA
�""r
SAPI DI oo CCi3'IT7
MY comet expire, JU 2, 1993
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%I NOTARY FORM
1J
STATE OF CALIFORNIA }
COUNTY OF San Diego }
On October 20, 1989 before me, the
undersigned, a Notary Public in and for said State, personally
appeared Nicholas J. Schwaebe
�CRKPcyc�xi�cxx�c proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged that
Nicholas J. Schwaebe executed the same.
(seal)
otary signature line
��^
OFFICIAL SEAL
ELIZABETH WILLS -HUL'L
fJOTF,RY PUBLIC - CALIFORNIA
I z SAN DIEGO CWNiTY
;hn" rsy Comm. apfras IU-L 2, 1993
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NOTARY FORM
STATE OF CALIFORNIA }
COUNTY OF San Diego }
{ {{ On October 20, 1989 before me, the
undersigned, a Notary Public in and for said State, personally
appeared Sabina Q. Schwaebe
P8XB0na1iyxknmxxxkmxmaxmx proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged that
Sabina D. Schwaebe executed the same.
otary signature line
(seal)
t
OFFICIAL SEAL I
j
i
� Y ELIZABETH WILLS -HU LL
m r it NOTARY PUBLIC - CAUFORNI A
o SAN 014
NOTARY FORM
STATE OF CALIFORNIA }
COUNTY OF San Diego }
{ {{ On October 20, 1989 before me, the
undersigned, a Notary Public in and for said State, personally
appeared Sabina Q. Schwaebe
P8XB0na1iyxknmxxxkmxmaxmx proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged that
Sabina D. Schwaebe executed the same.
otary signature line
(seal)
OFFICIAL SEAL I
� Y ELIZABETH WILLS -HU LL
m r it NOTARY PUBLIC - CAUFORNI A
o SAN 014
CO .1.1
fy5 �g 'v ' My L Z, 199; comm. expires JU
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EXHIBIT "A"
t, 1 863
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,
1881, DESCRIBED AS FOLLOWS:
IBEGINNING AT A POINT ON THE EAST AND WEST CENTERLINE OF SAID
SECTION 13, DISTANT THEREON SOUTH 89' 01' 50" EAST 421.24 FEET
FROM THE CENTER OF SAID SECTION 10; THENCE ALONG SAID EAST AND
WEST CENTERLINE OF SAID SECTION 10, NORTH 89' O1' 50" EAST
421.24 FEET TO THE CENTER OF SAID SECTION 3.0; THENCE ALONG THE
NORTH AND SOUTH CENTERLINE OF SAID SECTION 10 NORTH 02' 15' 30"
EAST 30.01 FEET; THENCE PARALLEL TO SAID EAST AND WEST
CENTERLINE OF SAID SECTION 10 SOUTH 89' O1' 50" EAST 322.11
j FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
I CONCAVE NORTHEASTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 00'
58' 10" WEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF
SAID CURVE 37.23 FEET THROUGH A CENTRAL ANGLE OF 106' 39' 00"
` TO A POINT ON THE ARC OF SAID CURVE TO WHICH A RADIAL LINE
BEARS NORTH 74' 19' 10" EAST; THENCE TANGENT TO SAID CURVE AND
PARALLEL TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 373, KNOWN
AS QUAIL GARDENS DRIVE, NORTH 15' 40' 50" WEST 111.40 FEET TO A
t POINT ON THE SOUTHERLY BOUNDARY OF PARCEL 1 OF PARCEL MAP NO.
4957 RECORDED JULY 29, 1976 AS FILE NO. 76- 241622; THENCE ALONG
THE SOUTHERLY BOUNDARY OF SAID PARCEL 1 AND PARCEL 2 OF SAID
PARCEL MAP NO. 4957 SOUTH 89' 01' 50" EAST (SOUTH 89' 07' 59"
EAST PER PARCEL MAP NO. 4957) 363.15 FEET; THENCE SOUTH 18' 02'
12" EAST 136.47 FEET; THENCE PARALLEL TO SAID CENTERLINE OF
SAID ROAD SURVEY NO. 373 SOUTH 15' 40' 50" EAST 34.89 FEET TO
THE POINT OF BEGINNING.
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f' 1864
EXHIBIT "B" Page 1 of 2
a
LEGAL DESCRIPTION
IRREVOCABLE OFFER TO DEDICATE
REAL PROPERTY TO THE CITY OF ENCINITAS
SCHWAEBE - APN 257 - 011 -13
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, RANGE
4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881,
DESCRIBED AS FOLLOWS:
BEGINNING
AT A POINT ON THE EAST AND WEST CENTERLINE OF SAID
SECTION 10, DISTANT THEREON
SOUTH 89' 01' 50" EAST 422.76 FEET
FROM THE CENTER OF SAID SECTION 10; THENCE
ALONG SAID EAST AND
WEST CENTERLINE OF SAID SECTION 10, NORTH 89' 01' 50 11'EAST
422.76
FEET TO THE CENTER OF SAID SECTION 10; THENCE ALONG THE
NORTH AND SOUTH CENTERLINE
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OF SAID SECTION 10 NORTH 02. 15' 30"
EAST 30.01 FEET; THENCE PARALLEL TO
SAID EAST AND WEST'•
CENTERLINE OF SAID SECTION 10 SOUTH 89' O1' 50"
EAST 322.11
FEET TO THE BEGINNING OF A TANGENT 20,00 FOOT RADIUS CURVE,
p,CONCAVE NORTHWESTERLY,
...
TO WHICH, A RADIAL LINE BEARS SOUTH 00
58' 10" WEST; THENCE EASTERLY AND
'
NORTHERLY ALONG THE ARC OF
SAID CURVE 37.23 FEET THROUGH A CENTRAL ANGLE
OF 106' 39' 00"
TO A POINT ON THE ARC OF SAID CURVE TO WHICH A
RADIAL LINE
BEARS NORTH 74' 19' 10" EAST; THENCE TANGENT TO SAID CURVE AND
PARALLEL TO THE
CENTERLINE OF COUNTY ROAD SURVEY NO. 373, KNOWN
AS QUAIL GARDENS DRIVE, NORTH 15'
40' 50" WEST 111.40 FEET TO A
POINT ON THE SOUTHERLY BOUNDARY OF PARCEL 1
OF PARCEL MAP NO.
4957 RECORDED JULY 29, 1976 AS FILE NO. 76- 241622; THENCE
THE
ALONG
SOUTHERLY BOUNDARY OF SAID PARCEL 1 AND PARCEL 2 OF
PARCEL
SAID
MAP NO. 4957 SOUTH 89' O1' 50" EAST (SOUTH 89' 07' 59"
EAST PER PARCEL MAP NO.
`
4957) 56.77.FEET; THENCE SOUTH 18' 02'
12" EAST 171.83 FEET TO THE POINT
OF BEGINNING.
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