Irrevocable Offer to Dedicate Real Property 1984-416584
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:, !':/ RJ:/C:ORDLNG REQUESTEDtly.,) orFICI/It. flccmws I
....... - -.'.< .:- ) Of SAN DI::GO'CUUHl Y,C>\.
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c;ITY OF POWAY ):
, ) 1%4 NOV -5 A119: 58
WHEN RECORDED RETURN TO: )
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City Clerk ) . CO.,,+! :( h"CC",,[~
City of Poway) NO ,fEE
p.b. Box 785 )
PowaYi CA 92064 )
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No Transfer Tax Due ) (This space for Recorder's Use)
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
Assessor's Parcel No. 317-110-16,37,56 Project: DR 83-16
CDS DEVELOPMENT OF CALI~ORNIA, INC., A CALIFORNIA CORPORATION
hereinafter designated Grantors, represent that we are the owners
of the hereinafter described real property, and for a valuable
consideration hereby make an Irrevocabl~ Offer of Dedication of
the hereinafter described real propertv to the City of poway
for the following publicpu~pose: ,-
PUBLIC HIGHlilAY
The real property referred to above is situa~ed in the City of Poway,
County of San Diego', State of California, and is more particularly
described as follows:
See Exhibit "A" Attached Hereto and Made A Part Hereof
The Grantor hereby further offers to the City of poway the privilege
and right to extend drainage structures and excavation and embank-
mentslopes beyond the limits of the herein described right-of-way
where required for the construction and ~aintenance of said highway.
RESERVING unto grantor of the above described parcel of land, his
successors or assigns, the right to eLiminate such slopes and/or
drainage structures or portions ther~of,wh~n in the written opinion
of the Engineer of Grantee" the necessity therefore is removed by
substi tuting other; pro'tection, support, and/or drainage facility,
provided s,uch s'ubstitution is first approved in writing by said
Engineer.
The Grantor hereby further offers to 'Grantee all trees, grow,ths
(growing or that may hereafter grow), and road building materials
within said right,..of-way, including th~ right to take water, together
with the right to use the same' in s,tich manner at such 'location as
said Gran.tee' may deem proper, nee'dftilor neces'sary, in the' 'construct-
ion, reconstruction, improvement or ,maintenance of said highway.
The Grantor, for himself, his successors and assigns,., hereby waives
any claim for any and all damages to Grantor's remaining property
contiguous to the right:"'of-way hereby conveyed by reason of th'e
location, construction, landscaping or maintenance of sa,id highway,.,
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Thi,s; Offer of Ded'ication is made pursuant to Section 7050 of the
,Governmen't Code 'b'f, the State of California and may be ,accepted
at any time by the, Ci.,ty Council of the City bf Pbway \vithin which
,~uch real prop~ri:y i'slocated at thetiome of acceptance,.
'This Offer of Dedication may be terminated and the right to ac<;:ept.
,such offer abandoned, in the same manner as is prescribed for the
yac:ation of streets or highways by' Part 3 (commencing with Sectioh
8300) of Divisio!) 9 ,ot Streets and, Highways Code of the.. State ,of
.California. Such ter~ination and abandonment may be made by the
~ity Council of the City of poway within which such real property
is located.
This Offer of Dedication shall be irrevocable and shall be binding-
on the Grantors, their heirs, executors, administrators, successors
and assigns.
Dated this 16th day of Oc"tohp.r: , 19 114 .
CDS Development of California, Inc.
A Ca,lifoni.-ia Corporation
B g~ N~--ef
Kraus MenaeI1hall
Vice President,Development
(Signatures must be notarized)
(Notary form attached)
Certification
I, Marjorie K. l~ahlsten, City Clerk" certify on behalf of the City
Council of the City of poway pursuant to authority conferred by
Resolution No. 34 adopted on January 20 " 1'981, that the City of
poway consents to the making of the foregoing Irrevocable Offer
ahd consents to recordation thereof by its duly authorized officer.
Dated: By':
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~ :: the undersigned Notary'Public, per~onally aepe,ared \'" .
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" 0 personally known to me \,
,~ 0 proved to me ontheba~is of,satisfactory evidence (~
I:;' to be the person(s) whose name(s) subscribed to' the '
L within instrument; and acknowledged that executed:;t.
~ WITNESS my hand and otticlal seal, ;":
~ Notary's Signature "
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PARTNERSHIP ACKNOWLEDGMENT
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~IState,of } ss. On this the_day of 19_. bef,ore me. ~
t:1 County of , , ~
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n 0 personally known to me 8
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I'; 0 provsd to me on ths basis of,satisfactory evidence ['
:"~' to, be the person(s) who'executed:the wlthin.lnstrumenton behall of the f!
\~,' partnership, and acknowled~ed,t~methatthe partnership executed it. 1%
i~ WITNESS my hand and olflclalseal. .
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r Notary's Signature ~~
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CORPORA17E, ACKNOWLED,GMENT
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fI Sta, Ie Of, C:<lliforni~, '} On this the...1Zlb, day of Onohpr 19.M.. belore me, ~,
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ft County 01 San,Diego Ellen J, Kasper .
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h the undersigned Notary Public, personally appeared
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'i' OFFICIAL SEAL li1l,c proved to me on the basis of.sallsfactory evidence ~
t, EllEN J KASPER to be the person(s)who executed the within Instrument as ;~
'( , TARY PUBllC'- CALIFORNIA - . - - '
,': NO "GO COu' N'TY" ,'lice 'PrQ~ig,Ql'lt oron behalf olllie corporation therein '
" SAN DIE' ' " '"
,~~ My comm, ,"x'pires, MAR 2, 1~87 named,'and aCknowledge,d'to me that,the corporation executed it. I
N WITNESSiny hand and 'offlclalseal.
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EXHIBIT "An
,A :portion of the Northwest Quarter of the Northeast Quarter
of Section 13, Township 14 South, Range 2 West,SanBernardino
Meridian, in the City of Poway, in the Count.y of San Diego, S,ta,te
of California, and more particularly described as follows:
The Southerly 10.00 feet of the Northwest Quarter of the ,North-
east Quarter of Section 13, Township 14 South, Range 2 West,
San Bernardino Meridian lying Easterly of the Westerly boundary
of that land described in Deed to CDS DEVELOPMENT OF CALIFORNIA,
a California Corporation, recorded July 13, 1984, as D6cUlllent
No. 84-26526,6 and in Deed to CDS DEVELOPMENT OF CALIFORNIA, INC.,
recorded June 19, 1984, as Document No. 84-228379:
Excepting therefrom any portion lying within the existing public
right-oI-way known as Midland Road.
TOGETHER WI.TH that land lying Northerly of said Southerly 10.00
feet of the Northwest Quarter of the Northeast Quarter, West.erly
of the Westerly right-Of-way of Midland Road, Southerly South-
easterly and Eas,terly of the arc oI a tangent 20.00 foot, radius
curve concave!llorthwesterly said c,urve being tangent to the
Northerly line o.f said Southerly 10..00 feet and said Westerly
right-of-way oI Midland Road.
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