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1989-59474489 594744 f 1856 i Recording Requested By: t�CC =B ��� �iCtt- fCUUN WEA City of Encinitas ) 't30��..,�JUNT'f ca (. i 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 F 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 I 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 -N 'i TP /03 /COV1 -95wp5 (6- 13 -89) 4 1 Onr DOUG L S AEBE DATED NICH LAS J N SCHWAEBE DATED SABINA HILDEGARD SCHWAEBE x' Signature of owners_ must be t 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) 4 1 z;:ss:':: ...xv��tcs,•»x.�•�edecp.- zr.=: � 'r::.m,a�nr,+..��,.�- .,.,...... .t...«,.. .<...... �l •. � 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 1' LA 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 ' a� z;:ss:':: ...xv��tcs,•»x.�•�edecp.- zr.=: � 'r::.m,a�nr,+..��,.�- .,.,...... .t...«,.. .<...... sa 1861 %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 _ i is x I i 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 r. J �h t' 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. t t 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 w �, 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. \ \.eta DO,,'AL1..) ;s ri +3:, w LcJ OF C \ 1. iJ lr n... -. •..\ i•, A 1 IW— LL- ¢ O �� X140 4 U >- N j5' 0 F— J av CL o =< t F— t Z LJOo O LL- X F- o�--w _U mWo M o 0 0 0. 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