May 6, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf{'
Andrea Palacios, Assistant Engineer
(858) 668-4623 or [email protected]
Acceptance of Irrevocable Offer of Dedication on Claire Drive
CITY COUNCIL
This action will accept an existing thirty-foot wide Irrevocable Offer of Dedication (IOD) of right-of-way for a public street on a portion of the west side of Claire Drive. This strip of land will provide connectivity and continuation of existing public right-of-way on Claire Drive.
Recommended Action:
It is recommended the City Council approve a resolution accepting an irrevocable offer to dedicate real property at APN 323-060-02 (Attachment A), which will provide an additional 30 feet of public right-of-way on Claire Drive.
Discussion:
Background:
California Government Code Section 7050 states that with the consent of the city and/or county, an irrevocable offer of dedication of real property for any public purpose can be made, and such offer of dedication, when recorded in the office of the County Recorder, shall be irrevocable and may be accepted at any time by the City Council or Board of Supervisors.
Project Details:
Roben Mansur made an irrevocable offer to dedicate the easterly 30 feet of their property located at APN 323-060-02 (Attachment B) to the City of Poway for right-of-way and incidents thereto for a public street on February 12, 2019 per Document No. 2019-0050974 (Attachment A, Exhibit A). At the time the IOD was made, the City did not have a need to accept the dedication. Pursuant to Section 7050 of the Government Code of the State of California, the offer of dedication shall remain open and subject to future acceptance by the City.
While conducting research for the development of a new commercial building at 14251 Garden Road, staff discovered that the northwest portion of Claire Drive is currently maintained by the City; 1 of 9
May 6, 2025, Item #7
however, half of the road width has not been accepted as right-of-way. Existing improvements within the limits of the IOD include street, curb and gutter. Acceptance of the 30-foot-wide westerly strip of land would make Claire Drive a full-width City right-of-way fronting APN 323-060-02.
Acceptance of this IOD is in the public interest and is necessary to ensure continued proper maintenance of the roadway. No physical changes will occur as a result of accepting the IOD and there is no adverse impact to Mr. Mansur (property owner). The acceptance shall be recorded in the office of the County Recorder.
Environmental Review:
The acceptance of the proposed irrevocable offer of dedication for a 30-foot-wide existing street, curb and gutter is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and 15061 (b)(3) in that the proposed IOD does not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, in the event of routine future maintenance, the project is determined to be categorically exempt from CEQA pursuant to Guidelines Section 15301 (C) (Class 1 ).
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Public Notification:
None.
Attachments:
A. Resolution
B. Location Map
Reviewed/Approved By:
Assistant City Manager
2 of9
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~-
City Manager
May 6, 2025, Item #7
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER
TO DEDICATE REAL PROPERTY AT APN 323-060-02 ON
CLAIRE DRIVE
WHEREAS, pursuant to Section 7050 of the Government Code, Roben Mansur made an Irrevocable Offer of Dedication to the City of Poway for public street purposes, recorded in the Official records of San Diego County, California, on February 12, 2019, as document number 2019-005097 4 attached hereto as "Exhibit A"; and
WHEREAS, public convenience and necessity will be served if the Irrevocable Offer of Dedication is accepted by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, pursuant to and in accordance with the authority in Government Code section 7050 as follows:
SECTION 1: The City Council hereby finds and determines the foregoing recitals are true and correct.
SECTION 2: All portions of the Irrevocable Offer to Dedicate Real Property, described in Exhibit A, attached hereto and incorporated herein by reference, is hereby accepted.
SECTION 3: The City Clerk is hereby directed to cause a certified copy of this resolution, attested by the City Clerk under the seal of the City, to be recorded in the office of the County Recorder of San Diego County, California.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of May, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
3 of 9 ATTACHMENT A
May 6, 2025, Item #7
EXHIBIT A
DOC# 2019-005097 4
11111111111111111m11111111111111111111111m111111111111111111111111 RECORDING REQUESTED BY: Feb 12, 2019 03:37 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr., CITY OF POWAY
AND WHEN RECORDED MAIL TO:
SAN DIEGO COUNTY RECORDER
FEES: S0.00 (S82 Atkins: S0.00)
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 323-060-02
(This space for Recorder's Use)
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
(CLAIRE DRIVE)
NO DOCUMENTARY TRANSFER TAX DUE
PAGES: 5
Roben Mansur, property owner (hereinafter "GRANTOR"), for good and valuable consideration, hereby makes an Irrevocable Offer of Dedication to CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the right-of-way and incidents thereto for a public street upon, over, and across that certain real property in the City of Poway, County of San Diego, State of California, described as follows:
The Easterly 30.00 feet of the easterly 164.00 feet of the Westerly 260.00 feet of the Northerly 164.00 feet of the Southeast Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, According to Official Plat thereof.
GRANTOR hereby further offers to GRANTEE the privilege and right to extend drainage structures and street improvements beyond the limits of the herein described right-of-way where required for the construction and maintenance of said City Street. 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 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.
GRANTOR hereby 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 locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, improvement, or maintenance of said street.
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 Part 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.
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May 6, 2025, Item #7
This Offer of Dedication shall be irrevocable and shall be binding on the GRANTORS, their heirs, executors, administrators, successors, and assigns.
Dated this il day of
Approved as to Form:
Office of the City Attorney
~~
Alan Fenstermacher, City Attorney
5 of9
Byd
Roben Mansur
Owner
Date: ------'-/J.....-/3-:io/4'-/ _~ __
Date
May 6, 2025, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On bu('l,W s,lk o!.019 before me, Yvonne Mannion Notary Public '-j bate ' Here Insert Name and Title of the Officer
personally appeared -----~£'-"· """""o....,.b""e .... n.....__----L(()...:........,=M...__,_ ... ~ ... u._.c'------------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s} whose nam~(8) @are subscribed to the within instrument and acknowledged to me that ~she/they executed the same in l@.~er/their authorized capacity(iesy; and that by 11§/her/their signature(6) on the instrument the persof)(s), or the entity_ upon behalf of which the person(s)"acted, executed the instrument. loeeee+eeee♦,
YVONNE MANNION
:@ Notary PubUc -California ;g
i San Diego County !
j · . Commission i 2201766 t
_;
0 MLCo:mzxpires Jun 18, 2022,
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ..:..I .,__(..._Ce---=--.1..__o,.,._r-'-'rc..b:....:.1,...e _ _...Q....._f..._& ..... r.____..N-=--..... ,i)..,,e~c""'I :=c .... n.Lt<?=--__.i=~~I _ _._B"'"'ro<+ee-"'-'-ct.,_, __ _ Document Date: , lJ,Is }.;.101 q Number of Pages
1 :
1 ~ ..... ~---~---------------------
Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General □ Individual D Attorney in Fact □ Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee D Guardian or Conservator 0 Other: _____________ _ □ Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ .~~~.,~~m...cmr-w~e~--G<.""w™rn~-iwrn™'l
©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
6.of9
May 6, 2025, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On ;.e hM a.rtl 6 . \Jo I q before me, Yvonne Mannion Notary Public -bate Here Insert Name and Title of the Officer
personally appeared ___ ...:.K>-:><Co ..... be=t,, ... C'--..a.J""--· ....... «l...:....L.L:.>(3..._ll:a.;-;..;:i! ______________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} ~re sybscribed to the within instrument and acknowledged to me that ~he/they executed the same in ~er/their authorized capacity(ieSJ, and that byl!§ther/their signature{s}on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. ee+eeeeeeeoel
@
YVONNE MANNION
i ·Notary PubTic -California l
i San O~c County !
Commission• 2201766
My Comm. Expirtl Jun 18, 202\
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
TI tie or Type of Document: ..J1 .... 2 .... 2..rc.e ..... v"'-Ou.Cc ........ ki""1.,_(} _ __.oq:ffe::µ...,.l{____,t;:...,o"--~V'!:>-.d..,,_,_i""c ,.,...,.,ce _ _._P ... a.,..cyc:..I -+Pfo..:..x.{'f!l--"-'d"""""~-'""fc ... Jcl.._,,,.,· re"--"D...,e._._\ ....
Document Date: ___________________ Number of Pages: _____ _ Signer{s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ 0 Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ m\..~tx.~~~"t..C~~:C~--b<,.~-W!.itV<•-..;,,~-e\
©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 7 of 9
May 6, 2025, Item #7
CERTIFICATION
I,
Robert
J_
Manis,
Director
of
Development
Services,
certify
on
behalf
of
the
City
Council
of
the
City
of
Poway,
pursuant
to
authority
conferred
by
Resolution
No.
17-007
adopted
on
April
18,
2017,
that
the
City
of
Poway
consents
to
the
making
of
the
fore-going
Irrevocable
Offer
and
consents
to
recordation
thereof
by
its
duly
authorized
officer.
Dated:
-~-~--=-.&
/,,,_/_f
_
CITY
OF
POWAY
Director
of
Development
Services
8 of
9 May 6, 2025, Item #7
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City of Poway
Location Map
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ATTACHMENT B
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