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Memorandum of Understanding 1994-0459290 1998 Dr~ " 1994-0459290 26-JUL-1994 09=07 AM OFFICIAL RECORDS SAH DIEGO COUHTY RECOROER'S OFFICE GREGORY SMITH, COUHTY RECORDER FEES: 0.00 City Clerk City of Poway P.O. Box 789 Poway, CA 92074-0789 ) ) ) /, ) ! ) ) ) [Above spaoe for Recorder's use only] Recording Requested by and When Recorded Mail to: MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into as of ~ /;:;;.., , 1994, by and between Environmental Development, Ltd" a California limited p ers p ("Developer") and the City of Po way ("City") with reference to the following facts: RECITALS A. Developer is the owner and developer of real property located in the City of Po way, County of San Diego, California, known as the Old Coach Golf Estates (the "Project"), and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, B. On or about April 3, 1990, the City Council of City ("City Council") approved and adopted Resolution No. 90-34, approving, subject to certain conditions set forth therein, Tentative Tract Map 89-13 (TIM 89-13) for development of the Project. C. On June 11, 1990, Developer applied to City for a Letter of Availability of Sewer Service ("LOA") and posted with City a reservation fee equal to $121,487.20, which amount equals twenty percent (20%) of the appropriate sewerage connection fee, based upon available capacity, City issued LOA No. 228 to Developer on June 12, 1990, D. City Ordinance No, 83 governs the reservation of sewerage capacity and the payment of connection fees for service, Section 2 of Ordinance No. 83 provides: "Where applicant's project is a tentative tract or parcel map, it shall be subject to all provisions of this ordinance except the time limitations of Section 1.2. In such case, the City shall represent in the LOA that sewerage availability is assured for applicant's project for a period of time equal to the time of expiration of the tentative map," City represented in LOA No. 228 that the LOA would expire on June 11, 1992 unless extended pursuant to the provisions of the Ordinance. Section 4.2 of Ordinance No, 83 provides that an applicant for an extension of an LOA shall pay an additional reservation fee for sewerage connection. 1999 E. On November 27, 1990, the City adopted Ordinance No, 327 approving the execution of the Old Coach Golf Estates Development Agreement ("Development Agreement") between the City and Developer. Pursuant to Ordinance No. 327, the Development Agreement was to be effective upon the effective date of the Ordinance. Ordinance No. 327 became effective on December 27, 1990. Section 4 of the Development Agreement provides that, pursuant to Government Code Section 66452.6(a), the Tentative Tract Map for the Project (TTM 89-13) shall be extended so that the Tentative Tract Map shall remain valid for a period equa1 to the term of the Development Agreement, as it may be extended, The Term of the Development Agreement is defined to be ten (10) years ITom the date of execution of the Development Agreement (which 10-year period expires on December 26, 2000). F, Developer has requested written acknowledgement of extension of TTM 89-13 and LOA No. 228 for the duration of the term of the Development Agreement. A dispute arose between the City and Developer concerning whether Developer is required to proceed through the public hearing process before the City Council in order to obtain extension ofTTM 89-13 and LOA No. 228, and whether Developer need pay the additional reservation fees for sewerage connection required by Ordinance No, 83 when an LOA is extended, G, It is the intent of the City and Developer, by entering into this MOD, to settle and resolve amicably this dispute. Developer and City now desire to memorialize their understanding with respect to extension of TIM 89-13 and LOA No, 228 and payment of additional reservation fees for sewerage connection for the Project. NOW, THEREFORE, in consideration of the recitals set for above, the provisions of the Development Agreement, and the mutual covenants set forth herein, the parties agree as follows: 1. City hereby acknowledges that the duration ofTTM 89-13 and LOA No. 228 shall be concurrent with the term of the Development Agreement, which shall expire on December 26, 2000. 2, Developer shall pay an additional ten percent (10%) of the sewerage connection fee, or $60,743,60, on or before June 11, 1996, an additional ten percent (10%) or $60,743 on or before June 11, 1997, and an additional ten percent (10"10) or $60,743 on or before June 11, 1998, for a total, deposit of fifty percent (50%) or $303,718. The total amount of these deposits shall be credited toward the fina1 sewerage connection fee for the Project. 3. City hereby acknowledges that receipt of the fees described in Section 2 of this MOD constitutes full satisfaction by Developer ~f any obligation which may exist pursuant to this MOD, Resolution No. 89-34, LOA No, 228, and/or Ordinance No, 83 pertaining to payment of reservation fees for sewerage capacity or sewerage connection fees prior to recordation of a fina1 map for TTM 89-13, 4. Developer and City understand and agree that this MOD does not constitute either an amendment to the Development Agreement or an amendment to TTM 89-13, and the Development Agreement and TTM 89-13 shall remain in full force and effect. 2000 5. Any notice or instrument required to be given or delivered to either party to this MOU may be given and delivered by depositing the same in the United States Mail, registered or certified, postage prepaid, addressed to: City: City of Po way P.O. Box 789 Poway, CA 92074-0789 Attn: James L. Bowersox, City Manager Developer: Environmental Development, Ltd, 1200 Third Avenue, Suite 1324 San Diego, CA 92101 Attn: Bruce E, Tabb 6. If either party commences legal proceedings for any relief against the other party arising out of this MOD, the losing party shall pay the prevailing party's court costs and reasonable attorney's fees. 7. Developer sha1I have the right to assign its rights and obligations hereunder, in writing, to a successor owner of the Project, provided written notice of such assignment is delivered by Developer to City, In the event of such an assignment, Developer shall be relieved of all further obligations hereunder. IN WITNESS WHEREOF, City and Developer have executed this Memorandum of Understanding as of the date first written above. CITY: DEVELOPER: CITY OF POWAY ENVIRONMENTAL DEVELOPMENT, LTD., a Calfornia limited parntership BY:~c-W~ Don Higginson, Ma fthe City ofPoway By: Planned Real Estate Investments Inc. a California corporation, General Partner ~ By: h~~ Bruce E. Tabb, President ATTEST: k'1\\~t:, Wahlsten, o FORM AND SUBSTANCE 2001 EXHIBIT .A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL ~: ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST QUARTER OF SECTION ~9, TOWNSHIP 13 SOUTH, RANGE ~ WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING EASTERLY OF A LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER (LOT 3) AND IS 687.6~ FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SECTION 24, TOWNSHIP ~3 SOUTH, RANGE 2 WEST; THENCE SOUTH 33000'56" EAST, 8~6.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40043'00" EAST, 89.'98 FEET; THENCE SOUTH 820~7'OO" EAST, 70.00 FEET; THENCE SOUTH 520~7'OO" EAST, 120.00 FEET; THENCE S~ 7043'00" WEST, 105.29 FEET; THENCE NORTH 82017'00" WEST, 187.50 FEET; THENCE NORTH 14017'00" WEST, 65.00 FEET TO A POINT TO BE KNOWN HEREIN AS POINT--"+."; THENCE NORTH 14017'00" WEST, 31.00 FEET; THENCE NORTH 40043'00" EAST, 2.98 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL WATER CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND. PARCEL 2: ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST QUARTER OF SECTION ~9, TOWNSHIP ~3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF. EXCEPT ALL CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. PARCEL 3: ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP ~3 SOUTH, RANGE ~ WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF. , " ~-~-- '" '. 2002 \ EXCEPT ALL CLAIMS OR RIGHTS TO WATER IN OR UNDER SAID LAND. PARCEL 4A: THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (LOT 1) OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET; THENCE SOUTH 89053'50" WEST, 200.00 FEET; THENCE SOUTH 0006'10" EAST, 100.00 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE 200 FEET MORE OR LESS TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO. 335 (ESPOLA ROAD) AND THE CENTER LINE OF ROAD SURVEY NO. 722 (OLD COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 722 NORTH 5040'37" EAST,--rnO,78 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY OF THE SAN DIEGO AQUEDUCT; THENCE ALONG SAID AQUEDUCT RIGHT OF WAY LINE NORTH 37024'41" WEST, 356.00 FEET; THENCE NORTH 25030'00" EAST, 241.29 FEET; THENCE SOUTH 64030'00" EAST, 234.52 FEET TO A POINT IN THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET, SAID CURVE BEING THE CENTER LINE OF SAID SURVEY NO. 722; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 19049'23", A DISTANCE OF 345.98 FEET TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 5040'37" WEST, 68.34 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. PARCEL 4B: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOW: , , , 2003 \, BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET; THENCE SOUTH 89053'50" WEST, 200.00 FEET; THENCE SOUTH 0006'10" EAST TO THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING TO PLAT OF ROAD SURVEY NO. 335 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER; THENCE ALONG SAID NORTH LINE SOUTH 83026'48" EAST TO A LINE WHICH BEARS SOUTH 0006'10" EAST FOR THE POINT OF BEGINNING; THENCE NORTH 0006'10" WEST, 112.61 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING WITHIN SAID LOT 1 OF SECTION 30. PARCEL 4C: THAT PORTION OF LOT 1 IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET; THENCE SOUTH 89053'50" WEST, 200.00 FEET; THENCE SOUTH 0006'10" EAST, 100 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE, 200 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 5: ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING BETWEEN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SAID SECTION 30, AND THE NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING TO THE PLAT OF ROAD SURVEY NO. 335, ON FILE IN .THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID SOUTHERLY LINE OF LOT 1 AND THE NORTHERLY LINE OF ROAD SURVEY NO. 335 ARE SHOWN ON RECORD 'OF SURVEY NO. 6721, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 3, 1966 AND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET; THENCE SOUTH 89053'50" WEST, 200.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 0006'10" EAST TO THE NORTH LINE OF SAID ROAD SURVEY NO. 335. EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. 2004 '" '- \ PARCEL 6: ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPT ALL WATER CLAIMS OR RIGHT TO WATER IN OR UNDER SAID LAND. PARCEL 7: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IN TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 24 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE STREET" , OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH' 88033'17" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET; THENCE NORTH 1026'43" EAST, 232.00 FEET TO THE BEGINNING OF TANGENT 550.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'53", A DISTANCE OF 194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68016'24" WEST,'30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033'32" WEST, 484.14 FEET; THENCE NORTH 4002'32" WEST, 280.84 FEET; THENCE NORTH 84041'38" EAST, 271.61 FEET; THENCE SOUTH 63004'42" EAST, 426.61 FEET TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A RADIAL LINE TO SAID POINT BEARS NORTH 40045'24" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL ANGLE OF 27031'00", A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 8: ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY OF A LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER (LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: 2005 "'- ,\, BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST; THENCE SOUTH 33000'56" EAST, 816.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40043'00" EAST, 89.98 FEET; THENCE SOUTH 82017'00" EAST, 70.00 FEET; THENCE SOUTH 52017'00" EAST, 120.00 FEET; THENCE SOUTH 7043'00" WEST, 105.29 FEET; THENCE NORTH 82017'00" WEST, 187.50 FEET; THENCE NORTH 14017'00" WEST, 65.00 FEET TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14017' 00" WEST, 31.00 FEET; THENCE NORTH 40043'00" EAST, 2.98 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 9: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE STREET" , OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88033'17" WEST, ALONG THE NORTHERLY LINE OF SAID LOT J, A DISTANCE OF 30.00 FEET; THENCE NORTH 1026'43" EAST, 232.00 FEET TO THE BEGINNING OF A TANGENT 550.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'53", A DISTANCE OF 194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68016'24" WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033'32" WEST, 484.14 FEET; THENCE NORTH 4002'32" WEST, 280.84 FEET; THENCE NORTH 84041'38" EAST, 271.61 FEET; THENCE SOUTH 63004'42" EAST, 426.61 FEET TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A RADIAL LINE TO SAID POINT BEARS NORTH 40045'24" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL ANGLE OF 27031'00", A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 4.11 ACRES, MORE OR LESS. PARCEL 10: THE SOUTHWEST QUARTER OF SECTION 18; THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19; THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; ALL IN TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ~