1990-442975 IZI-- ---
464
89 153018
ED OM
Recording Requested By: -046"A
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City of Encinitas 89101'27 AM 8:55
When Recorded Mail to: V E t:f L E
City Engineer
CITY OF ENCINITAS
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024
fV0 FEE
�E ABOVE FOR M
For the benefit of-tjj�� RECORDER'S USE 0
[THIS DOCUMENT IS BEING RERECORDED IN ORDER TO SUPERSEDE THE 0
LEGAL DESCRIPTIONS SHOWN IN EXHIBITS "All AND "B"I
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. : ►L3-09
No. 254-413-19 Project No. :
W.O. No. . NSA
WILLIAM A. PERRONE AND JOYCE N. PERRONE, HUSBAND AND WIFE
("OWNER" hereinafter) is the owner of real property described
as follows:
SEE EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF BY THIS 110,
REFERENCE, 10
which is commonly known as SEE EXHIBIT "A"
A.P.N 254-413-wI9_ ("PROPERTY" hereinafter) In 0
consideration of the approval of 87-023-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:
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465
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, 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 d
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
necessary, in the construction, reconstruction, improvement or
maintenance of said public right-of-way. M
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 ''
TF/04/COV1-45wp 2(11-2-88-5)
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466 NQ5.
of the Government- Code of the State of California and may be �
o
accepted at any time by CITY.
This Offer of Dedication may be terminated and the right P
to accept the offer may be abandoned in accordance with the �e
/V►
summary vacation procedures in Section 8300 et seq. of the M
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.
0
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
� i
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.
Tr/04/COV1-45wp 3(11-2-88-5)
467A
Owner: now
ron
7 70
r DATED William A. Perrone V.
M
DATED ✓ Joyce N. Perrone OF
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Signature of owners must be
notarized. Attach the
` appropriate acknowledgement.
. 2
i certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council M
adopted on July 27, 1967 that the City of Encinitas consents to the
na}:ing of the foregoing irrevocable Offer of Dedication and y�
consents to recordation thereof by its duly authorized officer. '✓
Date: 0 By:
.�
WARR F. SHAFER, City manager
' City of Encinitas
/ I
TO 199 CA ,B)0)
_
(Individual) TITLE INSURANCE
161ANB TRUST
STATE OF CALIFORNIA
1 aTIWPCOMPAM4 f
COUNTY OF--LOS ANGELES I SS.
�
s On_ Ju1�18th,_1990 __ before me,the undersigned,a Notary Public in and for said
State,personally appeared WILLIAM A. PERRONE and JOYCE N. PERRONE 3Ek3
Personally known to me ,
to be the person _whose name s--_AKEI subscribed
to the within instrument and acknowledged that_.th @y___
executed the same.
BFFIQA�.SEAL
W
WITNESS my hand and official seal. IMEN ymyt
aruY �
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III _ (This area for official notarial mall
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468
EXHIBIW "A'1
LEGAL DESCRIPTION '
PARCEL A
i'
That portion of Lot 3, in Block "J" of SOUTH COAST PARK ANNEX, k
in the City of Encinitas, 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 most Southerly corner of said Lot 3, thence
along the Southeasterly line thereof North 68. 04' 2311 East (N 68'
04' 4011 E Record) 431.00 feet per Map 1788 to the TRUE POINT OF < <:
BEGINNING, being the Southeasterly corner of land described in deed
to Emanuel D. Bachmann, recorded May 1, 1933, in Book 207, Page 322
of official Records, thence along the Easterly line of said
Bachmann's land North 116 09' 5711 West 39.94 feet to an angle point
in the boundary of land first described in deed to John C. OPP
Goodnough, at ux, recorded November 26, 1946, as Document No.
126465 of Official Records, thence along said boundary North 680
04' 2311 East 30.00 feet; thence North 11. 09' 5711 West 40.00 feet;
thence North 5° 241 2111 west 234.10 feet to the Northeasterly WNW
corner of land described in deed to Marland C. Smith, at ux, R
recorded August 12, 1969, as File No. 146314 of Official Records,
thence South 870 08' 5711 East (Record S 870 131 E) 117.86 feet;
thence South 80 421 0211 East 219.40 feet, thence North 680 041 2311
East 88.98 feet, thence South 50 04' 1211 East 41.80 feet to the
Southeasterly corner of said Lot 3, thence South 680 041 23" West
245.17 feet to the TRUE POINT OF BEGINNING. f
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EXHIBIT "B11 �; OPINION
That portion of Lot 3, in Block "J" of SOUTHCOAST PARK ANNEX, 1
in the City of Encinitas, 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 Southeasterly corner of Lot 3, thence along
the Easterly line thereof North V 041 1211 West 51.45 feet; thence
South 68° 041 2311 West 220.73 feet; thence South 110 091 57" East
10.18 feet; thence South 680 041 2311 West 30.00 feet; thence South
11° 09' 5711 East 39.94 feet; thence North 68' 041 231' East 245.17
feet to the POINT OF BEGINNING.
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