Declaration of Restrictions 2019-0124191 DOC# 2019-0124191
PLEASE COMPLETE THIS INFORMATION. 111101iIIIIIIInllllll'IIIIIIII IIIII11I VIIIII
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RECORDING REQUESTED BY: u Apr 08,IU2019 10:32 AM
J 7Y Of Pout' OFFICIALRECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
AND WHEN RECORDED MAIL TO: FEES: $74.00 (SB2 Atkins: S0.00)
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9/95
Rcc.Form NR25
DECLARATION OF RESTRICTIONS
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Poway
Ann: Director of Development Services
13325 Civic Center Drive
Poway. CA 92064
SPACE ABOVE MIS LINE RESERVED FOR RECORDER'S USE
DECLARATION OF RESTRICTIONS
This Declaration of Restrictions (this "Declaration") is made as of '4-1 g 1 2019.
by RREEF CPIF KIRKHAM WAY JV. LLC, a Delaware limited liability (referred to herein as
"Declarant") in favor of the City of Poway("Beneficiary").
WHEREAS. Declarant is the owner of real property (the "Property") situated in the City
of Poway. State of California, as more particularly described in Exhibit "A". attached hereto and
by this reference incorporated herein; and
WHEREAS. Declarant affirms and declares that Declarant's desire to burden the
Property with an obligation to construct an extension of Kirkham Way from its existing terminus
at the Property to Scripps Poway Parkway, and the installation of new traffic signals at the
Kirkham Way / North Office Park Driveway and Scripps Poway Parkway / Kirkham Way
intersections ("Deferred Roadway Improvements") or pay to the City an amount equal to fifty
percent (50%) of the cost of designing, permitting and constructing the Deferred Roadway
Improvements ("Fair Share Payment"), as set forth in that certain AGREEMENT FOR
KIRKHAM WAY IMPROVEMENTS dated (the "Kirkham Way Agreement"), a true and
correct copy of which is attached hereto as Exhibit"B".
WI-IEREAS, Declarant hereby encumbers the Property with the obligation set forth
herein.
NOW. THEREFORE. Declarant declares as follows:
I. Recitals. The recitals set forth above are true and correct and incorporated herein
by this reference.
2. Covenant Running with the Land. The covenants contained in this Declaration
shall run with the land, shall be binding upon Declarant and each subsequent owner of the
Property (each, an "Owner"), and their successors and assigns.
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e
3. Creation of the Lien Upon the Property. Declarant and each subsequent Owner of
the Property, by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to complete the Deferred Roadway Improvements or
make the Fair Share Payment to the Beneficiary, in the manner set forth in that certain Kirkham
Way Agreement.
4. Effect of Nonpayment of Charge: Remedies of the Beneficiary. In the event of a
default on Declarant's obligation to complete the Deferred Roadway Improvements or make the
Fair Share Payment in the time required in that certain Kirkham Way Agreement, in addition to
any other remedies herein or by law provided, the Beneficiary may enforce any obligation under
this Declaration as follows:
(a) By suit or suits at law to enforce each such charge obligation. Any request
for judgment in any such action may include a sum for reasonable attorneys' fees and related
costs.
(b) At any time after any delinquency of any obligation under this
Declaration, the Beneficiary may give notice to the defaulting Owner, which said notice shall
state the date of the delinquency, the amount of the delinquency, the late fee and the interest
charge for such delinquency, and make a demand for payment thereof. If such delinquency, late
fee and interest are not paid within thirty (30) days after delivery of such notice, the Beneficiary
may elect to file a claim of lien against the Property of such delinquent Owner. Such claim of
lien shall state (I) the name of the delinquent Owner or reputed Owner, (2) a description of the
Property against which claim of lien is made, (3) the amount claimed to be due and owing (with
any proper offset allowed), (4) that the claim of lien is made by the Beneficiary pursuant to the
terms of these restrictions (giving the date of execution and the date, book and page reference of
the recording hereof in the Office of the Recorder of the County of San Diego), and (5) that a
lien is claimed against said described Property in an amount equal to the amount of the stated
delinquency plus interest and late fees as applicable. Any such claim of lien shall be signed and
acknowledged by an authorized officer of the Beneficiary. Upon recordation of a claim of lien
by the County Recorder, the lien claimed herein shall immediately attach and become effective
as a continuing lien covering all subsequent delinquencies and attendant penalties. Any such lien
may be foreclosed by the Beneficiary, its attorney, or any other person authorized by the
Beneficiary, either by appropriate action in court or in the manner provided by law for the
foreclosure of a mortgage under power of sale. Upon any such sale of the Property, a certificate
of sale shall be executed and acknowledged by an authorized officer of the Beneficiary or by the
person conducting the sale. A deed upon foreclosure shall be executed in like manner. The
Beneficiary shall have the power to bid for the Property at the sale under its power of sale or at
any court foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
No sale or transfer shall relieve the Property from liability for any charge(s) thereafter becoming
due as from the lien thereof. Notwithstanding anything herein, to the extent California law
addresses the lien priority issue, California law shall prevail.
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5. Condition To and Termination of this Declaration. This Declaration shall remain
in full force and effect until and unless the date on which the Beneficiary records a release of this
Declaration.
6. Waiver of Causes of Action. Declarant for itself and its agents, representatives,
trustees, assignees, successors, and future Owners of the Property and each of them, hereby
waives and forever relinquishes its right to allege a cause of action against the City of Poway or
any department or division thereof, asserting that the Deferred Roadway Improvements or Fair
Share Payment is an impermissible tax, assessment, fee, or charge or an exaction imposed as a
condition of development of the Property or imposed as a condition of obtaining entitlements to
develop the Property.
7. Successors and Assiens Bound. Declarant shall comply with these covenants,
conditions and restrictions burdening the Property in perpetuity. Subject to the limitations
contained in this Declaration, and without modifying its terms, the provisions of this Declaration
shall be enforced as equitable servitudes, and conditions, restrictions, and covenants running
with the land, and shall be binding upon the agents, representatives, trustees. assignees,
successors, and future owners of the Property and each of them, unless and until this Declaration
is terminated as provided for herein.
8. Mortgagee Protection. Any breach of this Declaration shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith for value, but this
Declaration shall be binding upon and effective against any Owner of the Property whose title
thereof is acquired by foreclosure. trustee's sale or otherwise.
Declarant:
RREEF CPIF KIRKHAM WAY JV, LLC.
a Delaware limited liability company
By: RREEF CPIF Kirkham Way Member, LLC,
a Delaware limited liability company,
its Manager
By: RREEF Core Plus Industrial REIT LLC,
a Delaware limited liability company,
its Member
By: RREEF America, L.L.C.
/ a Delaware limiteability company
its Investme vlser
By: Michae Nigro
I ts:lAu.4410,
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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.
( tt'Vtt
State of Gelifornia
County of C
ook-
(`On M Lt(Vl 1 �d V l before me Wek1&'\ l IIS . Notary Public
n� r- (insert name and title of the officer)
Personally appeared 1r 11t(_I)O('i
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1I Ic,'4S
I certify under PENALTY OF PERJURY under the laws of the State of Gali.fnrnia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ' (Seal)
Official Seal
Beverly A Dillon
Notary Public State of Illinois
My Commission Expires 03/03/2022
5MR11:485774341.3
060115
EXHIBIT A
Legal Description of Property
That certain real property located in the City of Poway, County of San Diego, State of California
legally described as follows:
Parcel 2 of Parcel Map No. 21053 recorded in the official records of San Diego County,
California.
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EXHIBIT B
Kirkham Way Agreement
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
THIS SPACE ABOVE FOR RECORDER'S USE
AGREEMENT
FOR KIRKHAM WAY IMPROVEMENTS
THIS AGREEMENT FOR KIRKHAM WAY IMPROVEMENTS ("Agreement") is
made by the City of Poway ("City") and RREEF CPIF KIRKHAM WAY JV. LLC, a Delaware
limited liability company ("Developer").
RECITALS
A. Developer holds the title to that certain real property("Property") located in the
City of Poway, the legal description of which is set forth as Exhibit "A" attached hereto.
B. City approved Development Review No. 18-004 authorizing development of two
warehouse distribution buildings with a combined total of approximately 531,000 square feet,
with parking, vehicular circulation areas, landscaping and other miscellaneous improvements on
39.5 acres on October 12, 2018 ("Project Approvals").
C. Development of the Property was analyzed in that certain mitigated negative
declaration adopted by the City on January 16, 2007, as Resolution No. P-07-07 ("MND") as
part of a larger development contemplating an approximately 600,000 square foot office or light
industrial development with 20,000 square feet of commercial space. a Specific Plan
Amendment (SPA 84-01 WW W) to the South Poway Specific Plan (Ordinance No. 649) and
Tentative Parcel Map (TPM) 06-04 authorizing a 4-lot subdivision of approximately 150-acres of
which the Property is a pan.
D. The Transportation Improvements Phasing Plan for Parkway Summit Project
(TIPP), most recently updated by Michael Baker International by letter dated November 10,
2016, prepared as part of the MND, requires construction of an extension of Kirkham Way from
its existing terminus at the Property to Scripps Poway Parkway, and the installation of new
traffic signals at the Kirkham Way/ North Office Park Driveway and Scripps Poway Parkway/
Kirkham Way intersections ("Deferred Roadway Improvements") at such time that development
of the Property generates more than 697 peak PM average daily trips.
E. The alignment of the Deferred Roadway Improvements shall be as set forth on
Exhibit "B" attached hereto and incorporated herein ("Approved Alignment").
F. The Project Approvals authorize a use of the Property that will generate fewer
than 697 peak PM average daily trips. Therefore, pursuant to the Project Approvals, Developer is
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not obligated to construct the entire Deferred Roadway Improvements at the time of the Effective
Date, unless the Project Approvals are modified in a manner that allows a use generating 697, or
more, peak PM average daily trips and/or the Developer actually implements a use that generates
more than 697 peak PM average daily trips.
G. Notwithstanding that development of the Property pursuant to the Project
Approvals will not trigger the requirement to construct the entire Deferred Roadway
Improvements at the time of the Effective Date,the Project Approvals require Developer to,
pursuant to the terms of this Agreement, either(i) pay to the City, within thirty (30) days of the
completion and the City's acceptance of the Deferred Roadway Improvements, an amount equal
to fifty percent (50%) of the actual cost of designing, permitting and constructing the Deferred
Roadway Improvements if the owner (the "Adjacent Parcel Owner") of that certain real property
as legally described in Exhibit "A-I" attached hereto (the "Adjacent Parcel", as further described
herein) constructs the Deferred Roadway Improvements pursuant to the Approved Alignment
("Fair Share Payment"), or(ii) design, permit and construct the Deferred Roadway
Improvements subject to partial reimbursement, as set forth herein.
NOW THEREFORE, in consideration of the covenants herein, the Parties agree as
follows:
ARTICLE I
OBLIGATIONS AND DURATION
1.1 This Agreement shall be effective on the date it is executed by the last
party to sign the Agreement ("Effective Date") and shall be effective until the date (the
"Satisfaction Date") that the Deferred Roadway Improvements are completed and the Developer
has fulfilled its obligations hereunder, including but not limited to delivering the Fair Share
Payment to the City in the manner set forth in Section 1.4 herein, if applicable.
1.2 Developer shall design and construct the Deferred Roadway
Improvements in accordance with the Approved Alignment and public improvement plans to the
satisfaction of the City Engineer when required by the Project Approvals. As discussed in
Recital F above, the Project Approvals shall only require Developer to design and construct the
Deferred Roadway Improvements if use of the Property generates 697. or more, peak PM
average daily trips. Notwithstanding the foregoing, as set forth Recital G, Sections 1.3, 1.4 and
elsewhere in this Agreement, regardless of the total amount of peak PM average daily trips
generated by the development of the Property and the Adjacent Parcel, Developer shall, in all
cases, be responsible for the Fair Share Payment when the Deferred Roadway Improvements are
constructed, completed and accepted by the City.
1.3 City acknowledges that if Developer elects to construct the Deferred
Roadway Improvements itself, prior to approval of a development application for the adjacent
parcel which would trigger the requirement for construction of the Deferred Roadway
Improvements, development of Adjacent Parcel will benefit from construction of the Deferred
Roadway Improvements. Therefore, City agrees that at such time that a development application
is approved for development of the Adjacent Parcel, provided such approval occurs within 15
years of the City's acceptance of the Deferred Roadway Improvements constructed by the
Developer, the City shall'impose a condition of approval requiring the Adjacent Parcel Owner to
reimburse Developer for fifty percent (50%) of all costs incurred by Developer in connection
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with the design. permitting and construction of the Deferred Roadway Improvements. if
Developer constructs the Deferred Roadway Improvements.
1.4 If the Adjacent Parcel Owner constructs the Deferred Roadway
Improvements pursuant to the Approved Alignment, or in any Alternate Alignment that
extends Kirkham Way to Scripps Poway Parkway. Developer shall pay the Fair Share
Payment to the City (for the benefit of the Adjacent Parcel Owner) within thirty (30) days of
the City's acceptance of such Deferred Roadway Improvements. Developer agrees to execute
a recordable instrument against the Property securing Developer's obligation to make the
payment set forth in this Section 1.4 specifically, and this Agreement generally, in the form set
forth in Exhibit "C" hereto (the "Restrictive Covenant"). The City and Developer shall
execute and record a termination and release of the Restrictive Covenant within twenty (20)
days of the Satisfaction Date (as defined in Section 1.1 above).
1.5 In each case where the Adjacent Parcel Owner constructs the Deferred
Roadway Improvements and the City receives the Fair Share Payment from Developer (for the
benefit of the Adjacent Parcel Owner), the same shall be remitted to the Adjacent Parcel
Owner as soon as practicable, following the construction, completion and acceptance of the
Deferred Roadway Improvements.
ARTICLE II
FUTURE CHANGES
2.1 The parties agree that if the Adjacent Parcel Owner proposes and the City
approves an alignment of the Deferred Roadway Improvements that deviates from the Approved
Alignment, then Developer shall be required to provide the Fair Share Payment based on the
then estimated cost of permitting, design and construction of the Approved Alignment, as if the
alignment was not changed.
2.2 The parties acknowledge that the Deferred Roadway Improvements and
any related improvements may be included by Developer in a community facilities district
formed to cover property owned by Developer and any neighboring properties that are benefited
by the Deferred Roadway Improvements.
ARTICLE III
INDEMNIFICATION
3.1 Developer agrees to defend, indemnify, protect, and hold harmless the
City, its agents, officers and employees, from and against all claims, demands, causes of action,
liability or loss asserted or established for damages or injuries to any person or property arising
out of any challenge brought by a third party in any way relating to or arising out of the Project
Approvals, this Agreement, or Developer's construction of the improvements described herein,
specifically including Deferred Roadway Improvements. The Developer's duty to defend,
indemnify, protect and hold harmless shall not include any claims or liabilities arising from the
established negligence or willful misconduct of the City, its agents, officers or employees. This
Article and the indemnification obligations contained herein shall remain in full force and effect
until the Deferred Roadway Improvements have been completed by Developer and accepted by
the City. Developer agrees to not challenge this agreement and consents to the obligations
SMRU:185774341.3
imposed herein.
ARTICLE IV
MISCELLANEOUS
4.1 Notices. In all cases where written notice is required under this
Agreement, services shall be deemed sufficient if the notice is deposited in the United States
mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided
otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in
writing, notice to the City shall be addressed to:
City of Poway
Development Services
13325 Civic Center Drive
Poway, CA 92064
and notice to the Developer shall be addressed to:
RREEF CPIF KIRKHAM WAY JV, LLC.
a Delaware limited liability company,
c/o Andy McDonald
101 California Street, Suite 2400
San Francisco, CA 94111
RYAN COMPANIES US. Inc.
c/o Chris Wood
4275 Executive Square, Suite 370
La Jolla, CA 92037
4.2 Headings. All article headings are for convenience only and shall not
affect the interpretation of this Agreement.
4.3 Covenant Running With the Land. All of the provisions,agreements,
covenants, conditions, restrictions and obligations contained in this Agreement shall be
covenants running with the land pursuant to applicable law, including Section 1468 of the
California Civil Code.
4.4 Covenants and Conditions. All provisions of this Agreement expressed as
either covenants or conditions on the part of the City or the Developer, shall be deemed to be
both covenants and conditions.
•
4.5 Compliance with Controlling Law. The Developer shall comply with all
laws, ordinances, regulations, and policies of the federal, state and local governments applicable
to this Agreement. In addition, the Developer shall comply immediately with all directives
issued by the City or its authorized representatives under authority of any laws, statutes,
ordinances, rules or regulations. The laws of the State of California shall govern and control the
terms and conditions of this Agreement.
4.6 Jurisdiction. The venue for any suit or proceeding concerning this
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Agreement, the interpretation or application of any of its terms, or any related disputes shall be in
the County of San Diego, State of California. The prevailing party in any such suit or
proceeding shall be entitled to a reasonable award of attorney's fees in addition to any other
award made in such suite or proceeding.
4.7 Successors in Interest. This Agreement and all rights and obligations
created by this Agreement shall be in force and effect whether or not any parties to the
Agreement have been succeeded by another entity, and all rights and obligations created by this
Agreement shall be vested and binding on any party's successors in interest.
4.8 Integration. This Agreement and the exhibits and references incorporated
into this Agreement fully express all understandings of the parties concerning the matters
covered in this Agreement. No change, alteration or modification of the terms or conditions of
this Agreement and no verbal understandings of the parties, their officers, agents or employees
shall be valid unless made in the form of a written change agreed to in writing by both parties or
an amendment to this Agreement agreed to by both parties. All prior negotiations and
agreements are merged into this Agreement.
4.9 Counterparts. This Agreement may be executed in counterparts, which
when taken together shall constitute a single signed original as though all parties have executed
the same page.
4.10 No Waiver. No failure of either the City or the Developer to insist upon
the strict performance by the other of any covenant, term or condition of this Agreement, nor any
failure to exercise any right or remedy consequent upon a breach of any covenant, term or
condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term
or condition. No waiver of any breach shall affect or alter this Agreement, and each and every
covenant, condition, and term hereof shall continue in full force and effect to any existing or
subsequent breach.
4.11 Severability. The unenforceability, invalidity or illegality of any provision
of this Agreement shall not render any other provision of this Agreement unenforceable, invalid
or illegal.
4.12 Drafting Ambiguities. The parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to this
Agreement is a decision which is the sole responsibility of each party. This Agreement shall not
be construed in favor of or against either party by reason of the extent to which each party
participated in the drafting of this Agreement.
4.13 Signing Authority. The representative for each party signing on behalf of
a corporation, partnership,joint venture or governmental entity hereby declares that authority has
been obtained to sign on behalf of the corporation, partnership,joint venture or governmental
entity and agrees to hold the other party or parties hereto harmless if it is later determined that
such authority does not exist.
4.14 Extensions. This Agreement may be extended so long as agreed to. in
writing, by both parties.
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4.15 Satisfaction of Conditions. City agrees that the execution of this
Agreement constitutes satisfaction of Developer's obligation under the Condition No. 1 of the
Project Approvals.
4.16 Recitals. The recitals are true and correct and incorporated by reference.
[Signatures on following page]
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IN WITNESS WHEREOF, this Agreement is executed by the City of Poway, acting by
and through the City Manager, pursuant to the Poway Municipal Code and by Developer on this
X day of A p-; L 2019.
THE CITY OF POWAY, a municipal
:otioiurn
ra �l�' 6 " "_`--�
Name: Tina White
Title: City Manager
Approved as to form:
cfr
By: ` IAA" `'✓ --
Alan Fenstermacher. City Attorney
RREEF CPIF KIRKHAM WAY 1V, LLC.
a Delaware limited liability company
By: RREEF CPIF Kirkham Way Member, LLC,
a Delaware limited liability company,
its Manager
By: RREEF Core Plus Industrial REIT LLC.
a Delaware limited liability company,
its Member
By: RREEF America, L.L.C.
a Delaware limited liability company
its Invest! - t Adviser
By: (Irk/ I . _
Namea:�Micha= '1 i_ro
Title: R4dV1ortrer) Sig'n440.4
SAIRn:485774341.3
060118
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
2. )
County of San 4. )
Diego
On , before me. , a Notary Public,
personally appeared , who proved to nae on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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.
SI(MIAs
As
State of CLI;fu11d;d 6.
County of•Sen W0k 8.
Diego
On M Of del (gI -o 9 . before meat&t(R, )‘(.Dv) . a Notary Public.
personally appeared Mickaell% AMID . who proved to me on the basis of
satisfactory evidence to be the person(swhose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s) acted, executed the instrument.
P tt wks
I certify under PENALTY OF PERJURY under the laws of the State ofCalifo11da that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 6 _ 4.0...02."_,J.4ikk
SMRII:485774134 1.3 Official Seal
060118 Beverly A Dillon
Notary Public State of Illinois
My Commission Expires 03/03/2022
EXHIBIT "A-I"
ADJACENT PARCEL
THE WEST HALF OF THE SOUTHWEST QUARTER, THE SOUTH HALF OF THE NORTHWEST QUARTER AND
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OP SECTION 20, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OP SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAY THEREOF.
EXCEPTING PROM THE ABOVE DESCRIBED PROPERTY THOSE PORTIONS THEREOF DESCRIBED IN A
DECREE OP CONDES'.NATION TO THE UNITED STATES OF AMERICA DATED JUNE 28, 1943 AND
RECORDED IN BOOK 1564, PAGE 438 OF OFFICIAL RECUWS AND MORE PARTICULARLY DESCRIBED
IN PARCELS-°A° AND "B' AS FOLLOWS:
PARCEL 'A•:
ALL THAT•PQ%TION OP SAID WEST HALF OP THE SOUTHWEST QUARTER INCLUDED WITHIN THE
FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE SOUTHWEST CORNER OP SAID SECTION 20; THENCE ALONG THE WESTERLY LINE
THEREOF NORTH 1°33'45° CAST, 1115.67 FEET; THERE LEAVING SAID WESTERLY LINE NORTH
39°51' EAST, 33.94 PEET; THENCE NORTH 84°31'30' EAST, 562.31 PEST; THENCE NORTH 12°12'
EAST, 558.18 PEST; TRENCH NORTH 47°29'30• EAST, 624.70 PEET; THENCE NORTH 41°50' 30'
EAST, 240.29 PEET TO A POINT ON THE EASTERLY LINE OP THE WEST HALF OP THE SOUTHWEST
QUARTER OP SAID SECTION 20; THENCE ALONG SAID EASTERLY LINE SOUTH 1.06' 15' WEST.
2370.03 PEET TO THE SOUTHEAST CORND OP SAID WEST ONE-HALF OP THB SOUTHWEST QUARTER
OF SECTICV 20; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION MIRTH 08°46.30• HEST,
1305.35 FEET TO THE POINT OP BEGINNING.
PARCEL 'B•:
ALL THAT PORTION OP THE SOUTHEAST QUARTER OP THE NQTIHWEST QUARTER AHD THE SOUTHWEST
QUARTER OP THE NORTHEAST QUARTER OP SAID SECTION 20, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OP THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OP SAID SECTION 20; THENCE AL IG THE EAST AND WEST CENTER LINE OF SAID SECTION NCH7H
89°25'45' WEST, 2272.42 FET; THENCE LEAVING SAID CENTER LINE NCRTH 72°55'30' EAST,
311.95 PEET; THENCE NORTH 39°54'30• FAST, 241.78 PEET; THENCE NORTH 68°09' EAST,
1854.85 FEET; THENCE NORTH 59°19' FAST, 117.81 FEST TO A POINT ON THE EASTERLY LINE
(P SAID SOUTHWEST QUARTER OP THE NORTHEAST QUARTER; THENCE AIONO SAID EASTERLY LINE
SOUTH 0°13' WEST, 1050.12 PEE? TO THE POINT OP BEGINNING.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OP THE NORTHWEST QUARTER OP THE SOUTHWEST
QUARTER OP SAID SECTION 20, WHICH LIES SOUTH OF A LINE WHICH BEGINS AT A POINT IN THE
WESTERLY LINE OF SAID NORTHWEST QUARTER OP SAID SOUTHWEST QUARTER OP SAID SECTION 20,
DISTANT SOUTH 1°30'44° WEST, 703.64 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER OP SAID SOUTHWEST QUARTER WHICH LINE RUNS WE EASTTO THE EASTERLY BOUNDARY OP
SAID NORTHWEST QUARTER OP SAID SOUTHWEST QUARTER OF SAID SECTION 20.
ALSO EXCEPTING THEREFROM THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF DESCRIBED
IN A FINAL ORDER OP CONDEMNATION TO THE CITY OF PWAY, A MUNICIPAL CORPORATION. GATE
JUNE 14, 1996 AND RECORDED JULY 2, 1996 AS DOCUMENT SO. 1996-0332364, OFFICIAL
RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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A STRIP OF LAND OP VARYING WIDTH LYIDO WITHIN THE SINITHWE,ST QUARTER AND THE SOUTHEAST
QUARTER OP THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF NE NORTHEAST QUARTER
OP SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OP POWAY, COUNTY OF SAN DIEGO,
STATE OP CALIFORNIA, THE CENTER LINE OP SAID STRIP OP LAND OF VARYING WIDTH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCIUG AT THE NORTHEAST CORNER OP SAID SECTION 20; THENCE SOUTH 00°15.03' WEST
ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OP 269.84 PEET, TO A POINT CN A
NCH-TANGENT 3,000.00-PGCE RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID CURVE
BEARS SCUM 09°06'08' EAST; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 148.47
FEET THROUGH A CENTRAL ANGLE OF 02.50'08•: TWCB scum 83°44'00' WEST, A DISTANCE OF
360.00 FEET TO THE BEOINNINO OP A 'WENT 3,000.00-FOOT RADIUS CURVE CONCAVE
SOUTHERLY AND SOUTHEASTERLY; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE A
DISTANCE OP 1,315.11 PEST THROUGH A CENTRAL ANGLE OF 25°07'00'7 THENCE TANGENT TO
SAID CURVE SOUTH 58.37'00' WEST, A DISTANCE OP 945.00 PEET TO THE BEGINNING OP A
TANOENT 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALANO
SAID CURVE A DISTANCE OP 91.33 PEET THROUGH A CENTRAL ANGLE OP 01.44'40' TO A POINT
IN THE EARTH LINE OP THE SOUTHWEST QUARTER OP THE NORTHEAST QUARTER OF SECTION 20,
SAID POINT BEING THE POINT OP BEGINNING OF THE CENTER LINE OF A STRIP OP LAND 124.00
PERT WIDE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT 'A' ; THENCE CONTINUING
SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OP 260.92 FEET THROUGH A
CDTTRAL ANGLE OP 04.58'59• TO A POINT HE7REINAFTER REFERRED NO AS POINT •9 ; THENCE
CONTINUING SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE CONCAVE A DISTANCE OP
350.00 PEET THROUGH A CENTRAL ANGLE CF 04.46'39' 'TO A POINT HEREINAFTER REPERRED 7'0
AS POINT 'C' ; THENCE CONTINUING SOUTHWESTERLY AND WESTERLY ALONG SAID 3,000-FOOT
RADIUS CURVE A DISTANCE OF 612.35 FEET THROUGH A CENTRAL ANGLE OF 11°41.42° TO THE
TERMINUS OP THE CENTER LINE OP SAID 124-FOOT WIDE STRIP OP LAND AND TO THE BEGINNING
OP A STRIP OP LAND OF CONSTANT VARYING WIDTH PROM 124.00 PEET TO 107.00 PEET, THE
CENTER LINE OP SAID STRIP OP LAND OP CONSTANT VARYING WIDTH IS DESCRIBED AS FOLLOWS:
THENCE SOUTH 81.48'50" WEST, A DISTANCE OP 187.65 PEST TO A POINT HEREINAFTER
REFERRED TO AS POINT 'TY AND NE TERMINUS OP THE CENTER LINE OP SAID STRIP OP LAND OP
CONSTANT VARYING WIDTH AND TO BEGINNING OP A STRIP CF LAND 107.00 PEET IN WIDTH, THE
CENTER LINE OP SAID 107-FOOT WIDE STRIP OF LAND IS DESCRIBED AS FOLLCMS:
THENCE CONTINUING SOUTH 81°48' 50' WEST, A DISTANCE OP 680.00 PEET TO A POINT
HERBINAPTER REFERRED TO AS POINT 'E'; THENCE CONTINUING SOUTH 81°48'50° WEST, A
DISTANCE OP 506.01 PEES TO 'MB BEGINNItG OP A TANGENT 2,000.00-FOOT RADIUS CURVE
CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE A DISTANCE OP 55.69 PEET THROUGH
A CENTRAL ANGLE OP 01°35'43• TO A POINT HEREINAPIER REPERRED TO AS POINT 'P'; THENCE
CONTI81.11NG WESTERLY ALONG SAID 2,000-LOOT RADIUS CURVE CONCAVE A DISTANCE CF 123.27
FEET THROUGH A CENTRAL ANGLE OP 03.31'53• TO A POINT IN 'THE WEST LINE OP SAID SECTION
20, SAID POINT BEING THE TERMINUS OP SAID 107-FOOT WIDE STRIP OF LAND.
THE SIDELINES OF SAID 124-FOOT WIDE STRIP OP LAND TO BE SHORTENED OF LENGTHENED SO AS
TO TERMINATE NORTHERLY IN THE NORTH LINE OF THE SOUTHEAST QUARTER OP THE NORTHWEST
QUARTER AND THE NORTH LINE OP THE SOUTHWEST QUARTER OP THE NORTHEAST QUARTER OP SAID
SECTION 20 AND THE SIDELINES OF SAID 107-FOOT WIDE STRIP OP tAND TO TERMINATE
WESTERLY IN THE WEST LINE OF SAID SECTION 20.
SMRH:485774341.3
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EXHIBIT "B"
APPROVED ALIGNMENT
SMR11:485774341.3
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FUTURE
KIRKHAM WAY
OA PROFILE ru GRADING SECTION
—EU,RIPE KIRKHAM WAY—t
SCALE: i' = 80 (H), 1 = 16' (V)
0 1 2 3
NORTH NOR I N
R/W 65' R/W
5" G.U.E32' C 32' _ _15' G.U.E
5' A.C. ON _
7'714" _ 7'
5' AGGREGATE 5'
i BASE
2� 2Z ---
4" P.C.C. SIDE V/ACK
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(ONE SIDE ONLY) 6" TYPE "G" CURB a
FUTURE EXTENSION KIRKHAM WAY
NOT TO SCALE AND GUTTER (TTP.) Z.
SHEET 2 OF 2 aa s
FUTURE KIRKHAM WAY EXTENSION sBscti ii-!
PLANNING INMEW+O SURMEW10 hl
2-4-19 73870.12
Exhibit C
Declaration of Restrictions
[Remainder of Page Intentionally Left Blank]
SMRH:485774341.3
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EXHIBIT "A"
PROPERTY
Parcel 2 of Parcel Map No. 21053 recorded in the official records of San Diego County.
California.
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