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Declaration of Restrictions 2019-0124191 DOC# 2019-0124191 PLEASE COMPLETE THIS INFORMATION. 111101iIIIIIIInllllll'IIIIIIII IIIII11I VIIIII IIIIIIII IIII 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) /.-Ca — OF Ail_ Sena/•cAS PAGES: 21 1 3 325 er ✓.G. I77o w4Y, LA- q zob q 1; ; a:. : /. JkC LIWMDAJ OF' Z14,7e- c-7-1 DAJ (Please fill in document title(s)on this line) • THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 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. SAtRH:485774341.3 060118 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. SMRH:485774341.3 060118 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, SMRH:485774341.3 060118 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. SMRH:435774341.3 060118 EXHIBIT B Kirkham Way Agreement SN1R11:485774341.3 060118 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 86MR:485774341.3 060118 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 SMR1-1:485774341.3 060118 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 S811211:45774341.3 060118 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. 5MRH:485774341.3 060118 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] 881RH:J85774341.3 060118 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: SMRH:485774341.3 060118 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 060118 EXHIBIT "B" APPROVED ALIGNMENT SMR11:485774341.3 060118 ,lyaQolii ./e/ 610e 'le cwi .pa;lopi li.rP'irr7S/,Y/X*..lit i-tootiefi 'ONI N CO ° AM)ld .IVMOc I rn N1' r") T 9) 91i ro CO N " Sdd! OSI �,_— I '8'0 90'6L8 0 ,i 1Zcf-1 91f 8 - ro =JyM .WVHANINi L91 _, N • • SI'8L 1Z6 In ti8'8fi+£6 1NI 7J ' ,- �-- N �% rte`` 8Z 60'088 N c9 --- -all o) " k. •S 3 84. 588, . ' �. , U 0i1 :7 Z8'OS+16: { 1 .- / N ....S) i "4‘') VI! i N , v ro� I o O W 3 ', , ro Cr) r� a i ¢4 z • cn CC 0 •. al '_ `, CAW , 'CC 2 • a 0I~ N. ) . 04 �� �� ;co . ct' a: 0,�\` 44:40 , II CO1_ —Cc 1.� ,41k01 LL • 1 CD. `\ I II ?-1/4n W • • W, ! 4 CO da I I j n• ,• ' � t U -' ' 4 7 i 11- CO I I I • t CO ULA • II S Q. h II F r 1.0 II I 11 /\ j0 iii -•;; ' • \ (`. 1, , y. !--O i+ to I'i Z I I 1! \ CO W ¢ II • II \ : II , N\' I II 7 I, b • . \ j � rr + • DVS-30-7(13 • I ri �"7 ' 03SOdQHd ON3 Zf'LS+ZS N. I. ` E I5V -30-7n0 'y N `: co ,,.' 03SOd021d . ' ii HiQ 3 'Zt'LS+Z8 v iiij r l l r 4a. . . 'i u ., 4._,_ _. \_ _ _ _ _,..,.., 11 11 O) rn in m in rn m � 1l ro Co ro N 4it l $ * I • I r I ---960 \--- ------- --�-------/-- -- ----�- ---- -_._.--- ---960- 1 `_ _ EXIST. GROUND -1 PROPOSED FINISHED / GRADE 940 ---j------- /— ----ti'--- ------940— / S �i 1 I (C1 � Q 1 PROJECT SITE ?I cI .920.---�-- -- /-I -.__ -- 1. -- ---- ttl R/W JI R/W N 14, 910- 11.--- ---;--- -I --i—-- -. --- -910- 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 .`6rT D -i.i aa i a - -- Allm - 2% 1 (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 060118 EXHIBIT "A" PROPERTY Parcel 2 of Parcel Map No. 21053 recorded in the official records of San Diego County. California. SNIR11:485774341.3 060118