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Irrevocable Offer to Dedicate Real Property EA 02-14 2003-0956304a RECORDING REQUESPD BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 No transfer tax 275 - 460 -26, 58 and 314 - 370 -36 9476 HOC IT 2003 - 0956304 AUG 08, 2003 9 :10 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECDRDERT OFFICE GREGORY J. SMITH, MTY RECORDER FEES: 0.00 OC: NN 2003 -=6304 IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY EA 02 -14 The Roman Catholic Bishop of San Diego, a Corporation Sole, (hereinafter designated "GRANTOR ") represents that it is the owner of the hereinafter described real property, and for a valuable consideration hereby makes an Irrevocable Offer to Dedication of the hereinafter described real property to the City of Poway for the public road purpose: A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 26, 1975, AS FILE NO. 75- 365820 OF OFFICIAL RECORDS, EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF POWAY IN DEED RECORDED SEPTEMBER 13, 1996 AS FILE NO. 1996- 0466250 OF OFFICIAL RECORDS AS SHOWN ON THE LOT MERGER PER PLAT M 01 -01 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 9, 2002, AS DOCUMENT NO 2002 - 0293324 OF OFFICIAL RECORDS. 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: (See Attached Legal Description, Exhibit "A ", and Plat, Exhibit "B ") 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 City roadway. RESERVING unto Grantor of the above described parcel of land, its successors or assigns, the right to eliminate such slopes and /or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support, and /or drainage facility, provided such substitution is first approved in writing by said Engineer. (60-lq 63 -tyc) 0 94'77 0 The Grantor hereby further grants 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 locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said roadway. The Grantor, for itself, its 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 the location, construction, landscaping or maintenance of said roadway. 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 Poway within which such real property is located at the time of acceptance. This Offer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the vacation of streets or highways by Park 3 (commencing with Section 8300) of Division 9 of Streets and Highways Code of the State of California. Such termination and abandonment may be made by the City 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 Grantor, its heirs, executors, administrators, s ccessors, and assigns. Dated this .,/T,-) day of %+ 2003. THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE By. Wengsery \eng fors \Irrevocable offer to dedicate real property EA 02- 14.doc (9476 � CALIFORNIA ALL -PURR ACKNOWLEDGMENT r State of r �Orn fn County of �, r X� U 400 r 9 On f`( 2 l�— before me, N iou ynA i1 ,� I �l� A_ , lo1Q -ry f„ battle n Name and Title of Met, (e.g.,'Jane Ooe, Nolary PuGic') � personally appeared Y61rsonally known tome -OR - o be the person(&)- whose name(ss,(are subscribed to he within instrument and acknowledged to me that *e& b" executed the "ai same in hw their authorized capacity(ies), and that by VANESSA ELAINE MCAULFFE �r signature(s}on the instrument the person(&), Commission 01371454 or the entity upon behalf of which the persorl(s) acted, • -� Notary Publi�Diego bfornis executed the instrument. Santy tilycomm 14 2008 WITNE S my hand and official seal. IP All Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: © LI - 2 3 . Z Number of Pages: k, Signer(s) Other Than Named Above: i✓�4 Capacity(ies) Claimed by Signer(s) Signer's Name: ■ In Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUl.iRPRINT OF SIGIJER w roan national notary Association • 8236 Remmet Ave., PO Box 7184 • Canoga Park, CA 91309 -7184 Prod, No 5907 Reorder Call Toll -free 1- 800 -876 -6827 � 9479 . EXHIBIT "A" EA 02 -14 LEGAL DESCRIPTION IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 26, 1975 AS FILE NO. 75- 365820 OF OFFICIAL RECORDS, EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF POWAY IN DEED RECORDED SEPTEMBER 13, 1996 AS FILE NO. 1996- 0466250 OF OFFICIAL RECORDS AS SHOWN ON THE LOT MERGER PER PLAT M 01 -01 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 9, 2002 AS DOCUMENT NO. 2002 - 0293324 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT MERGER; THENCE ALONG THE EASTERLY LINE, NORTH 02 °07'41" EAST A DISTANCE OF 67.01 FEET; THENCE NORTH 00057'16" EAST A DISTANCE OF 85.45 FEET; THENCE SOUTH 89 °02'44" EAST A DISTANCE OF 3.98 FEET; THENCE NORTH 00 °57' 16" EAST A DISTANCE OF 283.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, NORTH 87 054'35" WEST A DISTANCE OF 61.06 FEET TO THE BEGINNING OF A 64.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 28 °43'11" AN ARC LENGTH OF 32.08 FEET, A LINE RADIAL TO SAID POINT BEARS NORTH 26 037'46" WEST; THENCE NORTH 26 °37'46" WEST A DISTANCE OF 36.00 FEET TO THE BEGINNING OF A NON - TANGENT, 100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 28043'11" AN ARC LENGTH OF 50.13 FEET; THENCE SOUTH 87 054'35" EAST A DISTANCE OF 60.34 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00'57'16" WEST A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING. SAID IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES CONTAINS AN AREA OF 0.084 ACRES MORE OR LESS. BY: la- M, � a 4 J HN EARDENSOHN, L.S. 5278 (MY LICEENSE EXPIRES 12 -31 -03 DATED: x//z/03 SITE 0° R \cn' Q�6 RO VICINITY MAP NOT TO SCALE SCALE: 1"=100' PEAKS o EXHIBIT "B" EA 02 -14 R =10000' D=28'43'1 1 " L= 50.13' I N87754'35 "W 60.34' R= 64.00'-'T 61.06' D=28'43'11"1 N8754'35 "V L= 32.08' I N26'37 -46" W -CR)J !' PA J-c rl L J P, A/1, 4 JJJ L07' Jilrr' irJ rL A r Ail 01-01 N89.02'44 "W, 3.98 INSTRUMENT NO. 2002 - 0293324 O.R. N88'13'24 "W 693.00' P / r) r/ PSI /l, 4335 Latitude nuauuu►m Planning and A g unnununn 4933 Paramount Dr. 2nd Mr. San Diego, Ca. 92123 858- 751 -0633 Fax 858- 751 -0634 aW co } �° v :W ;n Ld 2 o° o`O�z N00 57'16 "E 36.00' TRUE POINT OF BEGINNING ° ;`°o O i 2 Q, LU to Q- b Q o LU �2 O SEE E WATER EASEMENT RECORDED ---- - - - - -- AS INSTRUMENT NO. M DETAIL 'A' NOT TO SCALE POINT OF BEGINNING SOUTHEAST CORNER OWNERS: LOT MERGER PLAT M 01 -01 THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE ADDRESS: 15546 POMERADO ROAD POWAY, CA 92064 PHONE NO.: (858) 487 -4755 ASSESSOR'S PARCEL NUMBERS- 275-460-26, 58 & 314- 370 -36 FAPP��jjJJ INDICATES IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES AREA: 0.084 ACRES H: \400 \496 \EXHIBITS \I0D.dWg 3/10/2003 417:50 PM PST 0 9481 0 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: Aori 1 n, 2nna from The Roman Catholic Bishop of San Diego, A Corporation Sole, to the City of Poway, Grantee, a political corporation and /or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: August 5. 2003 CITY OF POWAY 1;2 ffim 0 MAI r, . I ME M WA 3 W Fewiff-I - .. MAengseMeng forms \Easements \certificate of acceptance-city EA02- 14.doc