Irrevocable Offer to Dedicate Real Property 1983-330430
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RECORDING REQUESTED BY: )
COM/i1()II9i!AI.TH lAND TIRE fNSURANCECIl ) r:PtRECC'RDED INi
CITY OF POWAY ) OfFICIAL RECOrmS
r.~C~IVED OF SAri DIEGO COUNTY, CA,
WHEN RECORDED MAIL TO: 1eB3 sl: PI 'G AM 8:00
OCT 40 1883
CITY CLERK ~VERA L. LYLE~
CITY OF POWAY ) COUNTY RECORDER
P. O. BOX 735 CITY qF POWAY
POWAY, CA 92064 CITY C!... i-''''5 OFFICE
) m5 ~ee
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No Transfer Tax Due ) (This 'space for Recorder's use)
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IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
Assessor's Parcel No. 317-130-49 Project: TPM 82-13
PARK PLACE POWAY, A CALIFORNIA GENERAL PARTNERSHIP hereinafter
designated Grantors, represent that we the owners of the hereinafter
described real property, and for a valuable consideration hereby
make an Irrevocable Offer of Dedication of the hereinafter described
real property to the City of Poway for the following public purpose:
Drainage and Flood Control Structures
The real property referred to above is situated in the City of
Poway, County of San Diego, State of California, and is more
particularly described as follows:
A portion of the Southwest Quarter of the Northeast Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino
Meridian in the City of Poway, County of San Diego, State of
California and more particularly described as foll'ows:
COMMENCING at the intersection of the Southerly line of the Northerly
170.00 feet of said Southwest Quarter of the Northeast Quarter with
the Westerly line of County Road Survey No. 335 according to Plat
thereof on file in the office of the County Engineer of San Diego
County and being a point herein designated as Point "yll , thence
along the Westerly boundary of said County Road Survey No. 335 as
follows: North 00010'00" West 53 feet to the beginning of a tangent
175.00 foot radius curve, concave Southeasterly; and Northerly along
the arc of said curve to the Southerly line of the Northerly 55.00
feet of said Southwest Quarter of the Northeast Quarter and being
the TRUE POINT OF BEGINNING: thence continuing along said Westerly
boundary, Northerly along the arc of said curve to the Southerly
line of County Road Survey No. 910 according to Plat thereof on file
in the office of the County Engineer of San Diego County; thence
Westerly along said Southerly line to a line which bears North
00010'00" West from said Point lIyll thence continuing Westerly
along said Southerly line a distance of 165.00 feet to a point
herein designated as Point "XII,
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thence continuing Westerly along said Southerly line 340 feet more
or less to the Easterly boundary of that existing Irrevocable Offer
of Dedication for drainage purposes granted to San Diego County
Flood Control District. per Document No. 79-398478 recorded
September 24, 1979; thence leaving said Southerly line along said
Easterly line South 22033'33" West 31. 00 feet; thence leaving said
Easterly line North 87008'23" East 40.00 feet; parallel to said
Southerly line South 88033'33" East 310 feet more or less to a line
which bears South 00010'00" East from said Point II XII ; thence North
00010'00" West 2.05 feet more or less to the Southerly line of the
Northerly 55.00 feet of said Southwest Quarter of the Northeast
QU3.rter; thence East:erly along said Southerly line to the TRUE POINT
OF BEGINNING.
The Grantor hereby further offers to the City of poway 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 drainage and
flood control structures. RESERVING unto grantor of the above
described parcel .. c land, his successors or assigns, the right to
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eliminate such slopes and/or drainage struc,tures or portions thereof,
when in the written opinion of the Engineer of Grantee, the necessity
therefore is removed by substituting other protection, support and/or
drainage facility, provided such substitution is ~irst approved in
writing by said Engineer.
The Grantor hereby further offers to Grantee 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 location
as said Grantee may deem proper, needful or necessary, in the cons-
truction, reconstructiont improvement or maintenance of said drainage
and flood control structures.
The Grantor, for himself, his successors and assigns, hereby waives
any claim for any and all dama~Jes to Gr.antor's remaining property
contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said drainage
and flood control structures.
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 the City Council of the City of pawny Vv'i thin ~l..lhich sllch
real property is located at t'i1e time of acce,ptancE<, .
This Offer of Dedication may be terminated and thG right to accept
such offer abandoned in the same manner as is prescribed for the
vacat,ion of streets or highways by part 3 (corrunencing with Section
8300) of Division 9 of Streets and Highways Code of the State of
Ca.lifornia. Such termination and abandonment may be made by the
City Council of the City of poway within which such real property
is located.
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This Offer of Dedication shall be irrevocable and shall be binding
on the Grantors, their heirs, executors, administrators, successors
and assigns.
Dated t,his nT1f- _ day of AtJE:rOST ,1983.
Park Place Poway, a California
General Partnership
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(Signatures must be notarized)
. (Notary form attached)
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. Certification
I, Marjorie K. Wahlsten, 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, 1981, that the City of
poway consents to the making of the foregoing Irrevocable Offer
and consents to recordation thereof by its duly authorized officer.
Da ted : 9 - i ",} - 3 .? By: ';1~,\M.. 1< :;YU{vUG...-
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CAT, NO. NNOO63Q
TO 1946 CA (7 -82) .nne INSURANce
( (Partnership)
AND TRUST
STATE OF CALIFORNIA , } SS, A T1COA COMPANY
COUNTY OF ..5....,., 4/
, J 'On /?u 8" a.r /7 /9% 3 before me, the undersigned, a Notary Public in and for
said Stare, personally appeared /h1(1H/:JE~ -;;;>, ?~~~
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::z::_ I , personally known to me or
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,oJ ~ proved .to me on the basis of satisfactory evidence to be ~. V ~--. -.-.J4..-: J "'~.. .1'.-.. or.. ....~ -.-.?~ J'.~"'_-_-.,..
.. the person _ who executed the within instrument as
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~ r1U- of the partners of the partnership KATHRYN J, CHAUSSEE
.. , . ,; NOrAR' PUBLIC, CALIfORNIA ~
~ that execU[ed the within instrument, and acknowledged
to me that such partnership executed the same. > PRINCIPAl OffiCI IN ]
WITNESS my hand and official seal. SAN DIEGO cau:..,
~ My Commission Expires August 23. 1985
Ya:dir J-(l~ ...........ttI\I\.........,......................."~..^..~v~
Signature
(This area for official notarial seal)