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Acknowledgment of Payment in Full and Satisfaction of All Obligations 1994-0608749so Recording Requested by and When Recorded Mail to: CITY CLERK'S OFFICE CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 163? EXHIBIT "B" V t1 U1, ft 17 7=* V0 1 47 13—OCT-1994 09: ode AN OF1 .1 � RECORDS ( 9H PIEGn COUNTY SMITH, COUNTDERECORDEF.'CE FEES; 0.00 [Above space for recorder's use only] ACKNOWLEDGMENT OF PAYMENT IN FULL AND SATISFACTION OF ALL OBLIGATIONS This Acknowledgment of Payment In Full and Satisfaction of All O li ations ( "Acknowledgment ") is made effective as of / / by the City of Poway ( "Poway"). 1. This Acknowledgment is made in contemplation of and with reference to the following facts: a. McMillin Equity Partners II ( "MEP II ") is owner and developer of real property located in Poway and in the County of San Diego, California, known as the McMillin South Poway project ( "Property "), and more particularly described in Exhibit "1" attached hereto and incorporated herein by reference. b. Effective as of ' / 7 If 1992, MEP II and Poway entered into a MemorandunVof Understanding regarding the Property. Pursuant to Paragraph 3 of the Memorandum of Understanding, MEP II was obligated to pay $108,847.20 in additional reservation fees for sewerage connection on or before October 1, 1994 according to a schedule contained within the Memorandum of Understanding. Additionally, pursuant to Paragraph 4 of the Memorandum of Understanding, Poway is obligated to execute and cause to be recorded this Acknowledgment within fifteen (15) calendar days of receipt of said payment. Poway now desires to acknowledge receipt of payment in full and satisfaction of all obligations owed by MEP II to Poway under the provisions of the Memorandum of Understanding. 2. Poway hereby acknowledges receipt from MEP II of payment in full of $108,847.20 in additional reservation fees for sewerage o: \5 \5546 \41858 \memund_2.953 9 CLE:sh 8/14/92 4 33 N connection. Poway further acknowledges that receipt of said payment constitutes full satisfaction by MEP II of any obligations which may exist pursuant to the Memorandum of Understanding, Letter of Availability of Sewer Service No. 193, and /or Poway Ordinance No. 83 pertaining to payment of such reservation fees prior to final map recordation. IN WITNESS WHEREOF, the undersigned have executed this Acknowledgment as of the day and year first written above. "Poway" CITY OF POWAY By• �---- ,'Mayor of the City of Poway ATTEST: 1'1 7v Marjokik K. Wahlsten, City "k APPROVED AS TO FORM AND SUBSTANCE: a, Step a M. Eckis, Cit ttorney o:\5\5546\41858\mernund-2.953 10 CLE:sh 8/14/92 CALIFORNIA ALL- PURPORACKNOWLEDGMENT 46 State of County On (5�C'�. 3 / l� 1� before me, GcJLc ATE �i NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY P LIC' personally appeared NAME(S) OF SIGNER(S) ❑ personally known to me to be the personX whose name(j is subscribed to the within instrument and ac- knowledged to me thakjoe executed the same in authorized capacity, and that by i "ef " "� signature(4 on the instrument the person or the entity upon behalf of which the person Xacted, executed the instrument. MaalE °FT°" WITNESS my hand and official seal. a COMM. t 1024766 Z Z . 'o .. �lotgry Public — Coliforr:ia D SAN DIEGO COUNTY ' My Comm. Expires MAY 1. 1998 • SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ck el , --? , / '�7 � v DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 00 1635 00 EXHIBIT "1" PROPERTY LEGAL DESCRIPTION PARCEL A: THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THAT PORTION OF THE EAST HALF OF SAID NORTHWEST QUARTER LYING NORTHEASTERLY OF THE CENTER LINE OF THAT 60 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 369 OF DEEDS. ALSO EXCEPTING THAT PORTION OF THE NORTH HALF OF SAID NORTHWEST QUARTER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 26, NORTH 890 42' 00" EAST 542.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 18' EAST 470.50 FEET; THENCE 890 42' EAST 613.07 FEET; THENCE NORTH 210 28' EAST 248 FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE INTERSECTION OF THE NORTHERLY LINE OF SAID SECTION 26 WITH THE CENTER LINE OF THAT CERTAIN 60 FOOT EASEMENT FOR ROAD PURPOSES (KNOWN AS POMERADO ROAD) DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 369 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 26, SOUTH 890 42' 00" WEST TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF CITY OF POWAY TRACT 85 -04 UNIT 1, ( POMERADO BUSINESS PARK - PHASE I) ACCORDING TO MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 9, 1987 AS FILE NO. 87- 122499, SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID SECTION 26; THENCE WESTERLY ALONG SAID BOUNDARY AND SAID SECTION LINE NORTH 890 52' 20" WEST 269.64 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1926.50 FEET, A RADIAL BEARS SOUTH 270 25' 28" EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID PARCEL MAP NO. 15915 AS FILED DECEMBER 21, 1989 AS FILE NO. 89- 692072 AND RECORD OF SURVEY MAP NO. 12674 AS FILED MAY 3, 1990 AS FILE NO. 90- 242690, BOTH FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR PARCEL 1 OF DEED o: \5 \5546 \41858 \memund_2.953 11 CLE:sh 8/14/92 •• 5 0• TO THE CITY OF POWAY RECORDED APRIL 27, 1989 AS FILED NO. 89- 220347 IN THE OFFICE OF SAID RECORDER; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 10 10' 41" A DISTANCE OF 39.61 FEET; THENCE NON - TANGENT TO SAID CURVE SOUTH 670 25' 25" WEST 183.74 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1961.50 FEET, A RADIAL BEARS SOUTH 190 55' 41" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 46' 43" A DISTANCE OF 334.77 FEET TO THE CENTER LINE OF OLD POMERADO ROAD AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF SAID RECORDER, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL BEARS SOUTH 420 49' 51" WEST; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 00 41' 02" A DISTANCE OF 11 .94 FEET TO A POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1971.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID 1961.50 FOOT RADIUS CURVE, A RADIAL BEARS SOUTH 100 21' 36" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 05' 51" A DISTANCE OF 37.75 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF SAID OLD POMERADO ROAD; THENCE CONTINUING WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60 47' 10" A DISTANCE OF 233.45 FEET; THENCE SOUTH 870 11' 25" WEST 67.19 FEET TO A POINT HEREIN DESIGNATED POINT "A "; THENCE NORTH 370 26' 30" EAST 175.22 FEET; THENCE CONTINUING NORTH 370 26' 30" EAST 68.67 FEET TO THE WESTERLY RIGHT OF WAY OF SAID OLD POMERADO ROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY SOUTH 400 48' 32" EAST 6169 FEET; THENCE CONTINUING SOUTH 400 48' 32" EAST 61.12 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1030.00 FEET, A RADIAL BEARS SOUTH 490 07' 04" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50 40' 35" A DISTANCE OF 102.04 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF SOUTHWEST QUARTER OF SECTION 23 AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, BOTH OF TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE ABOVE SAID POINT "A "; THENCE CONTINUING SOUTH 87° 31' 25" WEST 111.10 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 6000.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 51' 43" A DISTANCE OF 194.98 FEET; THENCE SOUTH 850 30' 42" WEST 417.21 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY BOUNDARY OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 18, 1987 AS FILE NO. 87- 529031 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE SOUTHERLY ALONG SAID WESTERLY BOUNDARY SOUTH 00 08' 08" WEST 202.12 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY NORTH 850 53' 30" WEST 261.05 FEET; THENCE NORTH 860 51' o: \5 \5546 \41858 \memund -2.953 12 CLE:sh 8/14/92 pp- 34" WEST 283.36 FEET TO THE WESTERLY LINE OF SAID SECTION 26; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 00 19' 53" EAST 437.00 FEET TO THE NORTHWEST CORNER OF SAID SECTION 26, SAID CORNER BEING IN COMMON WITH THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE EASTERLY ALONG THE COMMON SECTION LINE SOUTH 890 52' 20" EAST 203.42 FEET; THENCE LEAVING SAID COMMON SECTION LINE NORTH 00 11' 35" EAST 195.00 FEET; THENCE SOUTH 890 52' 20" EAST 67.80 FEET; THENCE SOUTH 0° 11' 35" WEST 195.00 FEET TO THE AFORESAID COMMON SECTION LINE; THENCE EASTERLY ALONG SAID COMMON SECTION LINE SOUTH 890 52' 20" EAST 270.68 FEET; THENCE LEAVING SAID COMMON SECTION LINE SOUTH 00 08' 08" WEST 267.89 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 15915, 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 21, 1989. o: \5 \5546 \41858 \memund_2.953 13 CLE:sh 8/14/92