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Removal of Agreement Limitating Water ServiceI 2049 Recording requested by:--;- to: Poway Municipal Water District ® 12324 Oak Knoll Rd.,P.O. Box 348 Poway, California 92064 _ _ _ - � � - -ate _ -- _ • Medalist Corporation 16911 Cloudcroft Drive Poway, California 92064 �. tic, NLC0 P� `_O) p,, -oUEST ?�r ADDRESSEE OCT 18 POWAY MUNICIPAL WATER DISTRICT REMOVAL OF AGREEMENT LIMITING WATER SERVICE By Agreement Limiting Water Service, filed for record on NO FEE March 7, 1973, File /Page 73- 060136, Book 1973, Official Records of the San Diego County Recorder, MEDALIST CORPORATION, a California corporation, ROLLING GREEN DEVELOPMENT CORPORATION, an Ohio corpor- ation, and THE DROVERS NATIONAL BANK OF CHICAGO, a National Banking ® Association, agreed that the lands within Poway Municipal Water Dis- trict, San Diego County, California, described in Exhibit "A ", attached hereto, would not receive any water from Poway Municipal Water District, and would make no demands upon Poway Municipal Water District for water service. The conditions which required said "Agreement" have now been removed and the lands described in Exhibit "A" may now request water service subject to satisfying all conditions otherwise applicable to lands within the boundaries of Poway Municipal Water District's Improvement District No. 4, and the above "Agreement Limiting Water Service" is of no further force and effect. Dated: April 9, 1976 POWAY IPAL WATER DISTRICT By: Harry Barber, General Manager 2050 Identificatiorr: 15.5 Acres in the Northeast Quarter of Southeast Quarter of Section 24, —Township 13 South, Range 2 'ties t. Date: February 14, 1973 DESCRIPTION Ell, The Easterly 530.00 feet of the Northeast Quarter of the Southeast Quarter of Section 24, Township 13 South, Range 2 ;Nest San Bernardino Meridjart in the County of Sari Diego, State of Califor;ii.a according to the Official ' Plat there-of, said Easterly 530.00 feet being measured along the _ Northerly and Southerly lines of said Northeast Quarter of the South -- - east Quarter of Section 24. EXCEPTI!;G from said Easterly 530.00 feet, that portion= thereof included within the boundaries of the foho:iing.described property: _ _ - Gorurrenci ng at the Northeast corner of Lot J, "Reserved for Future - Street," of VATLE VERDE COUNTRY CLZ7B ESTATES, according to the l =ap =x thereof No. 4683, filed in the Office of the County Recorder of said San Diego County December 21, 1960; thence North 88 °33'17" =Test, along the Northerly line, of said Lot 3, a distance of 30.00 feet; thence NTorth 1 °26'43" East 232.00 feet to the beginning of a tangent 550.00 foot radius curve, concave Easterly; thence Northerly along the arc of _ said curve, thror,gh a central angle of 20 °16'53 "S-a distance of 194°69 - feet; thence radial to said curve, North 68016'24" West 30.00 feet to the TRUE POINT OF FEGINIMNG; thence North 76 °3332" West 434.14 feet; ' r thence ZTorth 4 °02'3211 I•Test 280.84 feet; thence Borth 84'41 -jo East ' 271.61 feet; thence South 63 °04'42" East 426.61 feet to a point on the _ arc of a 580.00 foot radius curve, concave Easterly, being concentric _ vith, and distant 30.00 feet j;esterly, measured radially, from the - '- above mentioned 550.00 foot radius curve, a radial line to said point -- bears North 40 °45'24" West; thence Southerly along the arc of said = _ 580.00 foot radius curve, through a central angle of 27 03110011, a distance _ of 278.55 feet to the TRITE. POPTT OF BEGT.NIT1J\TG. EXHIBIT "A" -to REMOVAL OF AGREEMENT LIMITING WATER SERVICE-- VV j 2051 TO 449 C (Corporation) STATE OF CALIFORNIA ) COUNTY OF San Diego ? SS. 0 � Anri_1 C),_.,9%6 before me, the undersigned, a Notary Public in and for said Wpersonally appeared Harry Barber known to me to be theGeneral Manage 'r;PN .W;Kxxzxxxxxxxxxxxxxxxxxxxxxxx $orXxi?Xt�XeXxXY{XXxXXXxX of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of director. WITNESS m hand and official seal. OFFICIAL SEAL /`" l`. EV1A L. POWELL NJTARY PUBLIC CALIFORNIA Signature �aA1 Air_ (.� `° SAN D1EG0 COUNTY a w,P MyCommiss;cnExpires Aug. 15,1976 Evia L. Powell Name (Typed or Printed) E 13811 Tobiasson Road, Poway CA. 92064 (This area for official notarial seal) z o � N 4 N � 200 s r �- Or 5 2w T % COR _CT /OIAI 2¢ 530 15.5 AC. :t � 76 3332 �l^✓ ,� 2)�'p ; �o � \��"�� 30 � -It Ss 3 � � o 30, 530 a ?s 327 vE LOT ,J .. 326 lrg44E V / 1 f,�y M"9'" N O co 16 83 PLAT TO ACCOMPANY DE5CR/PT /Oh' -a.,- �. 71 m V�4 E Recording Reque,ted 10 POWAY i'UNICIPAL WA7. 12 DISTRICT Post Office Box 348 Po:eay, California 92064 And When Recorded Mail To POWAY MUNICIPAL WATER DISTRICT Post Office Box 348 Poway, California 92064 9175 elLs /PA 136 R t5' OF MAP, 4T30 Pg'73 OFFICIAL UOOR08 SAN A L Y� %TY,Q 61F, Re�ORAIR 4'0 FEF POWAY MUNICIPAL WATER DISTRICT (hem ()Uea ^��° AGREEMENT LIMITING WATEP SERVICZE ,7b _35 d0 -ZS f 4, THIS AGREEMENT is made this 23rd day of February, 1973, among POWAY MUNICIPAL TIP TER DISTRICT (hereinafter called. DISTRICT), P,IEDALIST CORPORATION, a California corporation (hereinafter called SUBDIVIDER), ROLLING GREEN DEVELOPMENT CORPORATION, an Ohio corporation (hereinafter called OWNER), and THE DROVERS NATIONAL BANK OF CHICAGO, a National Banking Association (herein- after called BENEFICIARY), in view of the following A SUBDIVIDER, as owner of the lands within the boundaries of Improvement District No 4 of DISTRICT, San Diego County, California, known as Lot 2 of Stoneridge Unit No 1, in order to induce DISTRICT to agree to furnish water to all portions of said lot, agreed that SUBDIVIDER would obtain from all those interested in certain other lands within Improvement District No 4 their agreement that said other lands would not receive water from the present system which will serve Lot 2 B OGTNER owns real property within the boundaries of Improve- ment District No 4 Said real property is described in Exhibit "A" attached hereto Said exhibit is incorporated herein by this reference BENEFICIARY has an interest in the property described v in Exhibit "A" as beneficiary under deed of tr3ist dated Jul, 20, 1972, Oakridge Mortgage and Contract Corporation, Trustor, and Title Insurance and Trust Company, Trustee Said deed of trust was recorded in the office of the County Recorder of San Diego CounL�, on urusL 18, 1972 as Document No 21 81266 E, C O4MER and BENEFICIARY, in consideration of DISTRICT's agreement to furnish water to SUBDIVIDER's Lot 2, desire to make this agreement limiting water service to the real property des- cribed in Exhibit "A" D DISTRICT is unable to furnish water to Lot 2 unless it restricts its obligation to furnish water to an area of land that would otherwise be entitled to receive water through the DISTRICT's existing water system in Improvement District No. 4 IT IS, THEREFORE, AGREED AS FOLLOWS 1 In consideration of DISTRICT's agreement to furnish water to SUBDIVIDER's Lot 2, SUBDIVIDER, OWNER and BENEFICIARY hereby agree for themselves and their successors and assigns that until such time as satisfactory financial arrangements have been made with DISTRICT for the construction within Improvement District No 4 of additional water transmission facilities, that no portion of the real property described in Exhibit "A" attached hereto shall receive any water from DISTRICT and that said parties will make no demand upon DISTRICT for such service 2. The SUBDIVIDER, OWNER and BENEFICIARY acknowledge that except for their agreement that the. DISTRICT would not furnish water to SUBDIVIDER's Lot 2 and each of them further acknowledge that this document is to be recorded in the office of the County Recorder of San Diego County and could effect the value of the real property described in Exhibit "A" 3 It is agreed that the provisions of this agreement are binding upon the present and future owners of the property described In Exhibit "A" 4 Should DISTRICT be required to engage an attorney in any action involving this agreement, SUBDIVIDER agrees to pay all of DISTRICT's attorneys' fees in connection therewith PO4','AY MUNICIPAL WATEP DISTRICT L' y Oen,,ral 2lanag i- -2- �� � ►.iii � -� 13 7 ROLLING GREENS DEVELOPMENT CORPORATION THE DROVERS NATIONAL BANK OF CHICAGO (OWNER) (BENEFICIARY) By By zcuti,�ae� � 1 t 1 e STATE OF CALIFORNIA 6X COUNTY OF SAN DIEGO 01itle) i on*On 1973, before me, the undersigned a Notary Pub ;.c 'n an for said County and State, pe onally appeared known. to me to be the J�c.F__c ��-?'� of the MEDALIST CORPORATION, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors j7�I ua <s N(, f1j, I�MAJC /' /1l IFO) ,IIA ny Co, :r on L.(pu, lulv'I 6 j (SEAL) Notary Pu in and for said County and State STATE OF [LQ� ,A� ) UNTY OF SS �U � ) On 1973, before me, the undersigned a Notary Pub is in a f r s County and State, personally appeared known to me to be the th OLLING GREEN DEVELOPMENT CORPORATION, the corporation that xecut t e within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors bYotary Public n an, d for said (S�L� ,< County and State - MY 6M, Mission Expires December 9, 1®79 StA'T ] o'OF } COUNTY OF SS >�� ,�� ) On 1973, before me, the undersigned, a Not ry Publi n n r said County and State, perso all ppear d known to me to be the o THE DRO S NAT AL BANK OF CHICAGO, a National banking as - ociation, the banking assoc' tion that executed the within instrument, and acknow- ledged to me that such banking association executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors r• Notary Pub is i n or sai County an State ?r� Pd`j ri�i!iiloaYJ11 X(31r8SDecemb:6 1°fy�'Py, -3- vv 9'78 The following described real property located in the County of San Diego, State of California �7 Identification: 15.5 + Acres in the Northeast Quarter of Southeast Quarter of Section 24,— Township 13 South, Range '2 West. Date: February 14, 1973 DESCRIPTION The Easterly 530 00 feet of the Northeast Quarter of the Southeast Quarter of Section 24, Township 13 South, Range 2 West San Bernardino Meridian in the County of San Diego, State of California according to the Official Plat thereof, said Easterly 530 00 feet being measured along the Northerly and Southerly lines of said Northeast Quarter of the South- east Quarter of Section 24 EXCEPTING from said Easterly 530 00 feet, that portion thereof included within the boundaries of the following described property. Commencing at the Northeast corner of Lot J, "Reserved for Future Street," of VALLE VERDE COUNTRY CLUB ESTATES, according to the Map thereof No. 4683, filed in the Office of the County Recorder of said San Diego County December 21, 1960, thence North 88. 033'17" West, along the Northerly line, of said Lot J, a distance of 30 00 feet, thence North 1 026'43" East 232 00 feet to the beginning of a tangent 550,00 foot radius curve, concave Easterly, thence Northerly along the are of said curve, throt,gh a central angle of 20 °16'53 ",. a distance of 194 69 feet; thence radial to said curve, North 68 °16'24" West 30 00 feet to the TRUE POINT OF BEGINNING, thence North 76 033'32" West 484 14 feet, thence North 4 002'32" I -lest 280 84 feet, thence North 84 °41'38" East 271.61 feet; thence South 63 °04'42" East 426 61 feet to a point on the arc of a 580 00 foot radius curve, concave Easterly, being concentric faith, and distant 30.00 feet Westerly, measured radially, from the -above mentioned 550.00 foot radius curve, a radial line to said point bears North 4C °45'24" West, thence Southerly along the arc of said 580 00 foot radius curve, through a central angle of 27 031'00 ", a distance of 278.55 feet to the TRUE POINT OF BEGINNING i ` rI I'iI1 11 u/\" C] D e�