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Irrevocable Offer to Dedicate Real Property 2003-0956304�pa c?r uCr RECORDING REQUES@b BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 No transfer tax Tax Parcel Nos. 27T-460 -26, 58 and 314 - 370 -36 9476 DOC IT 2003 - 0956304 AUG 08, 2003 9:10 AM OFFICIAL RECORDS SAM DIEGO COINJTY RECORDER'S OFFICE GREGORY J. SMITH, COtR2TY RECORDER FEES: 0.00 OC: NA 2= -OW304 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. (C5(J-1- �C� C5�3't(4o 0 9477 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 Ices /sors, and assigns. Dated this Ldp day of fit+ , 2003. THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE AA- — M M:\engserv\eng forms \Irrevocable offer to dedicate real property EA 02- 14.doc 9478 . CALIFORNIA ALL -PURR ACKNOWLEDGMENT State of I ijbi -A jA County of -Z 6-A On p t t I 33 ?, 3 before me, NiWA Ac sn D A Name aw This of Officer (e.g.,'Jane Doe, Notary Public* personally appeared �rsonally known to me - OR - o be the person(s)- whose name(sCslare subscribed to )he within instrument and acknowledged to me that ih etktley executed the same in lue ejj their authorized capacity(ies), and that by VgNESSA EWNEINCgUt}}� r signature(s}vn the instrument the persoa(a), 4 Commission111 1 3 7 14 54 or the entity upon behalf of which the person(s) acted, Notary Public - California executed the instrument. San Diego Cotulty tih Comm. Exgres Set) 14, X008 WITNE S my hand and official seal. 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: C O - 2 .3 . Z OCi3 Number of Pages: -. `r c Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E■ e 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: e i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER O 1994 National Notary Association • 8236 Remnant Ave., PQ Be. 7184 • Canoga Park, CA 913097164 Proof No, 5907 Room, Call Toll -Free 1- 800876 -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 00 057'16" 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 03746" WEST; THENCE NORTH 26 037'46" 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 00057'16" 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: a15 1 7 J HN EARDENSOHN, L.S. 5278 (MY LICENNSE EXPIRES 12 -31 -03 DATED: TI' e cA'Ib h SI rE CASA AVENIDA ROBERT( Wy tiop� Q�E �Q. TWIN PEAKS RG NaN1TY MAP NOT TO SCALE SCALE: 1" =100' 74:I EXHIBIT "B" EA 02 -14 R= 100.00' D =28 43'11 " L= 50.13' N2637', 36.00' I N8754'35 "W 60.34' R= 64.00'1 6 D =28 43'11 "I N8754 L= 32.08' „ N26'37'46 WJCR rJ r r 1JT T rl .J r� - 1%L 4335 LJr I1lr rJ�r-jrr,1 ALA r 11/1 01-01 N89`02'44 OW 3.98 INSTRUMENT NO. 2002 - 0293324 O.R. N88'13'24 "W 693.00' r41 aW p 'ci o� v -_ 2 P° N�� 0 2 NDD57'16 "E 36.00' ro� N W b ;n o° 'z TRUE POINT OF BEGINNING • O Q Lu O a SEE EA 02-15y WATER EASEMENT RECORDED ------ AS INSTRUMENT NO. •- - - - - -- O.R. DETAIL 'A' NOT TO SCALE rJ (� r \_ POINT OF BEGINNING r rl ✓..� SOUTHEAST CORNER ,PAIJ, f335 OWNERS: LOT MERGER PLAT M 01 -01 THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE mnnnu►nn Planning and Enginee? 4933 Paramount Dr. 2nd Mr. San Diego, Ca. 92123 858- 751 -0633 Fax 858- 751 -0634 ADDRESS: 15546 POMERADO ROAD POWAY, CA 92064 PHONE NO.: (858) 487 -4755 ASSESSORS PARCEL NUMBERS: 275 - 460 -26, 58 & 314 - 370 -36 YAINDICATES IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES AREA: 0.084 ACRES H: \400 \496 \EXHIBITS \IOD.dw9 3/10/2003 4:1750 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: A❑ru 23- 2nn3 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 S OA lvl:\engseiv \eng fors \Easements \certificate of acceptance -city EA02- 14.doc