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Participant Covenants 86-013339 ` ® 86 - 013339 . . 2330 EronLJED r:- • CU�L i� 11.9(18;t114: �f S:it:�/1fR�p� f'tiCtUt:f): (':.3 )986 J.r 13 dM 5? , PARTICIPANT COVENANTS VER�+ L. LYLE J_OUttTY RECORDEJ RECORDED REQUEST OF FIRST ARRRICAA TM! la RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) RECEIVED Poway Redevelopment Agency ) FEB 0 4 1985 RF `J City Hall ) AR 7 13325 Civic Center Drive ) CITY 61Au i[P'. r-t"- TLR Poway, California 92064 ) MG / 706 914:2—/ 1-- ) (Space above for recorder' s use only) WHEREAS, CF POWAY LTD. , a California limited partnership ( the "Covenantor" ) , and the POWAY REDEVELOPMENT AGENCY ( the "Agency" ) have entered into a certain Owner Participation Agreement dated Dec. ' 30 , 1985 (the "Agreement" , a. copy of which is on file with the Agency at its •' offices and which" i& incorporated herein by reference) pursuant to which the Covenantor has agreed to subject certain real property belonging to the Covenantor (which property is • referred to as the "Affected Property" , and is described in the "Legal Description of the Affected Property" , which is attached hereto as Exhibit A and incorporated herein) to certain covenants; and WHEREAS, the enforcement of said covenants will ensure proper implementation of the Redevelopment Plan for the Agency approved by Ordinance No . _ of the City Council of the City of Poway ( the "Redevelopment Plan" ) , and will , therefore, benefit the Covenantor, the City of Poway ( the "Covenantee" ) , and the Agency; and WHEREAS, the Community Redevelopment Law (California Health & Safety Code §33000 et seg. ) provides that a redevelopment agency shall establish covenants running with the land in furtherance Of the relevant redevelopment plan; NOW, THEREFORE, the Covenantor agrees and covenants as follows : 1 . Covenantor agrees for itself, and its successors and assigns, and every successor in interest to the Affected Property, or any part thereof that the Covenantor, and such successors and assigns shall : • 12-19-85 9890p/2345/O5 Page 1 of 2 • (‘• ' • • 2331 • ( a ) Devote the Affected Property to those uses permitted by the Redevelopment Plan (which covenant shall run with the land) ; (b) Not unlawfully discriminate against or segregate any person or group of persons on account of race, color, origin, sex, marital status, national origin, religion or ancestry in the sale, lease , sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the Covenantor itself or any person claiming under or through the grantee, establish or permit any such unlawful practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees, or vendees in the premises herein conveyed. All deeds, leases, or contracts for the sale, lease , sublease or other transfer of the Affected Property shall contain such non-discrimina- tion provisions . The foregoing covenant shall run with the land. 2 . � ..Agreements and. dovenants' contained herein. shall be covenants running with the land and shall, in any event, and without regard to technical classification or designation, legal or otherwise, except only as otherwise specifically • provided in the Agreement, be binding, to the fullest extent permitted by law and in equity with the benefit and in favor of, and enforceable by, the Agency, its successors and assigns and the Covenantee and its successors and assigns against the Covenantor, its successors and assigns and every successor in interest to the Affected Property, or any part thereof or any interest therein . 3 . The agreements and covenants contained herein • pertaining to the uses of the Affected Property shall remain in effect from the date hereo until the expiration date of the Redevelopment Plan as said expiration date may be extended by proper amendment to the Redevelopment Plan. Covenants regarding discrimination shall remain in effect in perpetuity. CF POWAY, LTD. , a California limited partnership, a California corporation By: Cadillac Fairview/California, Inc . , a California corporation Its : pGeneral Partner 6Qx�y 93 9 P 12-19-85 9890p/2345/05 Page 2 of 2 • 2332 STATE OF CALIFORNIA 11 ) COUNTY OF L-.03 11�Kgl P.IP Tr On Jot,u 2 19 Y6 before me, the undersigned, a Notarnblic. in and for said State, personally appeared (Y i C-'O- f4 Lia N- -h personally known to me or proved to me on the basis of satisfactory evidence too be the person who executed the within instrument as the d R• V President, and . , , y itne a—t r proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary—of the Corporation that executed the within instrument such corporation being known to me to be the general partner of CF POWAY, LTD. , a California limited partnership and acknowledged to me that such corporation executed the within instrument as such partner. WITNESS my hand and o ficial seal . 0 •:yr OFFIc1AL SEAL • :c .49; BERNICE SAMBERG 9; NOTARY PUBLIC CALIIOKNIA vLOS ANGELES COUNTY r' ' My Commission Expires Mar.2, 1988 irlr.ryf —r rrr,�•. — 1 rrrr 12-19-85 9890p/2345/05 Page 3 of 2 UGAL %iSCISfTION • 2333 OA= N0. 830976-6 PAGE NO. 1 EXHIBIT "A" The South Ralf of the Northeast Quarter and the Southeast Quarter of Section 23 and the Vest Self of Section 24 end those portions of the North Ralf of the d the Southoast �tt ca©t of the Sou hwoot Quarter tand the Southvootof said tiQuarteron 23 aof the Southeast Quarter of Section 14, all in Township 14 South, tangs 2 Boat. Son Bernardino seas and Meridian, in the City of Poway, County of San Dingo. State of California, according to United States Govortusent Survey approved September 11. 1879, said portions being described es follow,: Beginning at a point on the taoterly line of Mission goad 1-4, according to Map of said Mission load 1-4. Sheet 15, San Diego County Rig Commission, , filed in the Office of the County Surveyor of San Diego County, which said Point of Beginning beats South 3°14'52' test, 289.06 feet °frem the Intersection of the North line of Section 23, at a point North 08'57' West, 3955.5 feet from the Northeast corner of said Section with the center line of said road et Station 378+70.9 thereof; thane() South 78°49'07' Snot, 193.25 foot; thence North 0°43' East, 80.6 foot; score or less, to the Southwest corner of the land described in Deed to C. n Borer and Cr lin Sorer, 19b1 it husband end wife, recorded Pebruary 10, page 174f Official Records; thence South 89'17' toot. 941 feet; thence 1136, 0°06'4 of. East , 288.39 feet; thence North 63'29'15' East 224.94 toot; thence North. 58°05'25' East, 236.33 foot to the Southeast corner of the land deocribod in Deed to Edward C. McAlees et us. socorded August 18, 1927 in Book 1361, page 278 of Deeds; thence Worth 0'43' test along the East line of lend described in said Deed to Malone et us, 12.2 feet to the Southwest corner of land described in Deed to Cecil E. Wood, recorded August 20, 1927 in Book 1361, page 285 of Deeds; thence North 83'20' East, along the South line of land described in said Deed to Wood, 242.01 feet to the Southeast corner thereof; thence Worth 0'43' toot along the East line of land described in the said Deed to Woods, 217.80 foot to the Northeast corner thereof; thence North 83'20' East h d 30 feet les Southerly�froe theline that is cantor lineoftheL 40nfoot County distant totright Poway 242.01 feet to tho Northwest corner of land doscribod in Dead to Cale Boni Herrington,, sed Hattie45, Elizabeth of Official.lacords; thenced and wife. Southrecorded 0"83' Vest 2, 1938 in Book 745, page toothethe West Southwestino of corner thereof;cribod in said thence North 83'20'ed to tact, 658.12,feet;8thence North 49'43'17" toot, 89.22 fact; thence Worth 70°47'59' East. 364.95 feat; thence South 89'21' East, 23 feat, more or less, to intersection with the West line of the Southeast Quarter of tho Southeast Quarter of said Section 14; thence South along said West line to intersection withthe North line of Se:tion 23; thence East along the North line of said Section 23, 602.96 feet, wore or lass to the Northeast caner of the parcel of land second described in Deed to S. M. Harrington et es. rocorded June 25, 1926 in Book 1173. page 410 of Deeds; thence South 0'39' Beat, 332.65 feet; thence North 83'20' East, 740 foot, sore or less, to the East line of said Section 23; thence South along said East line to the Southeast corner of the Northeast Quarter of tho Northeast Quarter of said Section 3; of thence ed Vest aloes esttiom 23the te t and Vast Southeest center lino of the Northeast Quarterscot of toldtheSou'Section not corner of the Northwest Quarter of Worthiest Quarter rth and e of said Section 23 to the South Quarter corner the23; f said Section;South sn thence South along thenceVestalo along the South line of said EXHIBIT 'A" • 1sCAL DESCRIP?I0N ® 2334 • Oat N0. 830974-6 . - . . • PAGE N0. 2 • • Section. South 89°42' host, 975.73 (oat; thence North 0°61' Sant, 166.87 feet to a point on a curve concave Northnnet•rly. the center of which bears North 0°41' Bast. 50 feet from maid last mentioned point; thence Northwesterly and Northerly along the arc of paid curve 95.99 foot; thanes South 83'52'42' Vest. 126.66 feat; thence South 38°33' West. 130 foot to a point in the Easterly lino of said Mission Road teA; thence North 41°33' West along acid Easterly line, 125 loot; thence North 45°57'57' Bast 190.14 feet; thence South 71'14' East, 191.57 foot; thence'South 89°19' East, 40 feet; thence North 0°41' Eaat, 216.47 feet; thence North 68'19' West. 123.34 foot; thence North 54'46'30' Hoot, 185.63 feet to a point in • curve concevo Northwesterly the center of which bears North 68'18'47' West. 85.82 feet from paid last conflated point; thence Worthoacterly along the arc of said curve 70.01 feet; thence tangent to said curve. North 25°03'13' West, 199.79 feet; thence North 24'33'52' Most. 177.31 foot; thence North 15°25'05' West, 610.53 feet; thence North 0'42' 16' West, 743.62 foot to the beginning of a tangent curve to the right having a radius of 78.27 feet; thanca Easterly along the arc of said curve. 120.38 feet; thence tangent to oeid curve. North 57'15' Soot, 227.85 feet to the beginning of a tangent curve concave Northwesterly having a radius of 127.84 feet; thence Northeasterly and Northerly along the arc of said curve, 205 fest, more or less, to the Worth lino of the Northeast Quarter of , the Southwest quarter of said Section 23; thence Meet along said North line and the North line of - the North Half of the eouthwoot Quarter of said Suction to - intarsectioc with -the Noitheastsrly tins .of "land deoetibed "as Pirce1 2 in Deed' to Ivy Alice Armstrong, recorded December. 16, 1941 in 'look 1281. page 391 of Official Records; thence Rorthvoatorly along said Wortheaeterly line end the Northesotarly and Northerly line of Parcel 1. described in said toad to Point of Intersection with the Easterly lino of acid Clacton Road A-1 said point being in a curve concave Southeasterly having a radius of 980 feet the center of which bears South 74'23'02' East from paid point; thence Northa•sterly along the Easterly line of said road and along the arc of said curve 279.07 feet; thence tangent to acid curve, North 31'56' East, 1464.58 feet to the beginning of a tangent curve concave Northwesterly having a radius of 720 feet; thence Worthoaoterly and Northerly along the arc of said curve, 392.28 feet; thence North 0'43' East, 200.15 foot to the Point of Beginning. Excepting therefrom all that portion lying Northerly of the cantor line of the 50.00 foot County Road, known as Mutate Lane, according to the Map of Road Survey No. 887, Mod in the Office of the County Recorder of said County and • Westerly of the moat Easterly boundary of Tustin 8111s Unit No. 1. according to Map thereof No. 4442, filed in the Office of the County Recorder of San Diego County. January 12, 1960, together with all that portion lying within said Nap 4442. Also excepting therefrom that portion described as follows: Commencing at the Northeast corner of Poseredo Gardens, (according to the Map thereof No. 4282, filed in the Office of the County Recorder of acid San Diego • County, July 29, 1959; thence South 06'33'00' East, along the boundary of said Pomerado Gardens, 11.00 feet to the TIDE POINT O7 =INNING; thence continuing along the boundary of said Porerado Cardona as follows: South 06'33'00' test, 199.00 feet to the beginning of a tangent 770.00 foot radius curve, concave Northeasterly; Southerly along said curve 229.42 feet through a central angle of 35'31'38' South. 47'55'22' Most. 41.00 foot. South DECAL DBSCRIP'tION ®: L 2335 outs N0. 8309746 1008 NO. 3 , 55°19'00' Vest, 799.76 fry oot, and Sous, 31�it001 left, feet; thence thence locoing Nast.. Ee4.95 feet; thence North 83'19'00' Hast, 1187.55 feet; thence South 66°56'00' East 653.54 foot; thence South 83'10'00' Bast, 420.00 feet; thence North 01°04'00' Vest, 575.00 feet; thence North 16°28'00' East, 504.18 feet to the intersection with the Southerly prolongation of the Easterly line of land daoeribed in Dead to Tustin DevelopoestCorp=Corporation. of laCalifordia corporation recorded July 30. 1959 in Book 7799, page g shone° North 00'42'20' East along said Southerly prolongation 352.04 foot to the Southeast corner of land so descrihod in said Deed to Tustin Development Corporation; thence South 83'27'00' Vest, along the Southerly line of land so described, 1321.20 feet to the intersection with the prolongation of tho ed California. et el, , o LOCO d dnd sscribed in October . 14, D1939tin_hBooko7936 ,, p gelmly of 194 of Official Rocords; thence North 06°33'00' Vest along said prolongation and said et; thet South ofsaid of 61.00 Tho pesos-Brown ©landsh and •27'00' Vest. parallel line the Vest rly prolougation thereof, 399.44 foot; thence South 06°33'00' Met. 41.00 foot to the intersection with the Southerly lino of said Tustin Den'elopuont Corporation land; thence South 83'27'00" Vest along said Southerly line, 19.00 feet to the TRUE POINT OP EECINlING. Also excepting therefrom that portion described:assfollows: Beginning at the intersection of the center Unto f�ttheaCoun OiBond, o40.00 00 feet wide, known as Mission Road 1-A, according County Surveyor, said Ccutty, with the cotterine of the ned Survey No. 887,f otiCod in Road, known es Motets Lane, according to Kap of the Office of the County Recorder of said County, being Engineer's Station 0400 on said center line of Road Survey No. 887; thence along said line of Road Survey No. 887, North 85°19' East. 1043.77 feet to an angle point said Rood Survey;t thence North 3'27' Bast along said center lino East, 210.00 feet rd to Worth i' Leat,) 535.00 feat; thence South 6'3300 the beginning of a tangent 370.00 foot rediae curve concave thence Southerly along said curve, 229.42 feet through an angle thence radially to said curve, South 47°35'22' Vest, 6is 1 . 0 fourth and thence distantouh 85'19'00' Vest. 799.76ostfeet atta rightine angle , from the canter lies of said Missionisteat Bouthasstorly, North31'56'00'4 last, 1664.58 feesold t; thine encetparallelawith said distance shown as •South 31'56'00" Past, 929.30 feat; thence South 11'16'00' Vest, 60.00 feet; thence South 31'36'00' Voot, 110.00 feet; thenceSouth 7'47' 0 East , 99 99.01 fefeel; thence South 8°04'00' Moot, 150.00 foot; thence South feet; thence South 6'37'10' last, 300.00 feet to the Southerly line of said Worth Half of Section 23; thence Worth 89'32'17' Vest along said Southerlin y line, 341.76 feet to the Northerly Sins of 6ha 1955tainBParcel 2,S70S, described 215 of the Deed to Nora Marshall. recorded (record No July North 76°56'31' 13 of Official Records; thence North 76°53'58' Woot, rah 76'56'5; thence along said Northarly line, 111.68 feet to the Westerly South 13'06'02' Vast (record South 13'03'09' Vest) 25.04 feet to said Southerly lino of the North Sal! of Suction 23. being 8180 the Aliceo Isoot Easterly corner of that Parcel 2, described in the Dead t�ficial Eoeordoi thence recorded tosb cear 16, 1941 in Book 1281, page 391 of North 76°53'58' Vast (record North 76°56'51' Vest) along the Northaosterly 2336 411 LICAL BISCSIPZION 01881 O. 8309744 - PACI N0. 4 line of said Parcel 2. a di tonta of 178.49 feet ee d to an NoHeagle in ai�ad ndaryg; • thence continuing North 71°20'07' Vast paid Northeasterly line and the Northeasterly line of Parcel 1, described in said of said PPaarcel71, aaid®ocurve being tangentpoint 8outhoaaot tly and having a radion the Northerly us of 25.00 feet; thence Masterly along said Northerly lino and along paid curve, 40.56 feet through a control angle of 93°O0'O0to a Point of Interoactioe with the tooterly line of said Mission Road radius of s9aid p intot be;intghente cusrve concave 8outhansterly and having 74°20'07° Vest. radially to said curve 20.00 feet to the center line of said 1415.100 toad 1-A; thence Wortheaatorly along the 1000.00 foot radius curve in said center line, 263.94 foot through an angle of 16'16'07'; thonco tangent to said r feet t(recordr 1464.58 '00"foot)sto the beginning ®of11ae tangent dietariesa of 1662.69 curveconcave Northwesterly and having a radius of 700.00 foot; thence Northerly along the arc of the last said curve, through an angle of 7°S8'30' a distance of 97.43 feet to the Point of Beginning. Zak/co • 3111/61 • •