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Covenant Regarding Real Property 2020-0742837RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2020-0742837 11E1 Nov 23, 2020 01:49 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $278.00 (SB2 Atkins: $225.00) (This space for Recorder's Use) PAGES: 14 APN: 317-101-06, 317-472-01, 317-472-06, 317-472-18, 317-472-19, 317-472-20, 317-472-22, 317-472-23, 317-472-24, 317- 472-26 COVENANT REGARDING REAL PROPERTY MC POWAY 97 LLC and POWAY COMMONS, LLC (collectively "OWNER" hereinafter), are collectively the owners of real property located in the City of Poway, California, commonly known as 13021, 13029, 13031, 13033, 13053, 13100, 13117, and 13126 Poway Road and more particularly described in the legal description attached hereto as Exhibit A, shown on Exhibit B and made a part hereof ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map (TTM) 19-005 and Development Review (DR) 19-004, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees not to oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities District(s), a Landscape and Lighting District(s), a Maintenance Assessment District(s), an Enhanced Infrastructures Financing District(s)) and agrees not to oppose the formation of a future Business or Property -Based Business Improvement District in which businesses or property owners respectively are required topay an additional levy to fund improvements or activities within the district's boundaries that includes the PROPERTY. The districts may include, but are not limited to, the payment of a pro rata share of future costs to fund projects within the district's boundaries. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all .osts, including reasonable attorneys' fees, from the other party. OWNER: MC ' . r AY ' LLC atrr! ger CITY OF By: foo P (signature iust be notarized) ert J. Manis1Dired orA Devel {3ment Services Dated: �/c�ZO Dated: 2Q Z, a Dated: //qA6 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 (This space for Recorder's Use) APN: 317-101-06, 317-472-01, 317-472-06, 317-472-18, 317-472-19, 317-472-20, 317-472-22, 317-472-23, 317-472-24, 317- 472-26 COVENANT REGARDING REAL PROPERTY MC POWAY 97 LLC and POWAY COMMONS, LLC (collectively "OWNER" hereinafter), are collectively the owners of real property located in the City of Poway, California, commonly known as 13021, 13029, 13031, 13033, 13053, 13100, 13117, and 13126 Poway Road and more particularly described in the legal description attached hereto as Exhibit A, shown on Exhibit B and made a part hereof ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map (TTM) 19-005 and Development Review (DR) 19-004, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees not to oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities District(s), a Landscape and Lighting District(s), a Maintenance Assessment District(s), an Enhanced Infrastructures Financing District(s)) and agrees not to oppose the formation of a future Business or Property -Based Business Improvement District in which businesses or property owners respectively are required to pay an additional levy to fund improvements or activities within the district's boundaries that includes the PROPERTY. The districts may include, but are not limited to, the payment of a pro rata share of future costs to fund projects within the district's boundaries. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all osts, including reasonable attorneys' fees, from the other party. OWNER: MC ' a r AY • LLC Guy VT Tr: ager CITY OF By: WA (signature ert J. ManisCDire tor •f D lust be notarized) 2ent Services Dated: 0.51/40 Dated: Dated: e//gAb CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ar,-. 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. State of California County of Sbr4 On ski 1 It, 2d� before me, r'lAv'%a--C.0Y ULW1'[pr05 Notary Public, Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th personj j whose name : Care scribed to the within instrument and acknowledge to me tha h she/they executed the sa e in her/th authorized capacity and that by is her/their si naturey on the instrument the person , or the entity upon behalf of which the perso 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. ■RIA CONCEPCION FI,ORE; Cormiiiuion No. 2306200 NOTARY PUOLIC-CALIFORNIA SAN DIEGO COUNTY Conwhis ion Enka Osolomber 20, 2023 Place Notaty Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �. a •_a.�.ea .wY.aa .wt.w.t.ea v.. wt/' .w --v. . v.44,41. ®at aa- Weer,* w .111. w w •.ai.•..ai _ aVAR --Pa SSW). w . 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 County of San Diego On August 31, 2020 before me, Date personally appeared Yvonne Mannion Notary Public, Here Insert Name and Title of the Officer Robert J. Manis Name(s) of Signer(s) 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. YVONNE MANNION Notary Public -California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above 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 �Vt)t OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant Regarding Real Property TTM 19-005 & DR19-004 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A (AFFORDABLE LOT) THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 OF HERITAGE HILLS UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5934 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AUGUST 9, 1967, BEING A POINT ON THE WESTERLY SIDELINE OF TARASCAN DRIVE DEDICATED THEREON; THENCE ALONG SAID WESTERLY SIDELINE SOUTH 01°59'50" WEST, 156.82 FEET (RECORD N01°33'47"E PER SAID MAP) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY SIDELINE NORTH 88°44'00" WEST, 196.60 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF POWAY RECORDED MARCH 11, 2011 AS DOCUMENT NO. 2011-0133672 OF OFFICIAL RECORDS IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE SOUTH 01°52'27" WEST, 183.03 FEET TO THE NORTHERLY SIDELINE OF POWAY ROAD AS DEDICATED PER GRANT DEED RECORDED JULY 29, 1964 AS DOC. NO. 136183, OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY SIDELINE SOUTH 88°42'27" EAST, 176.45 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF SAID TARASCAN DRIVE, BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE LEAVING SAID POWAY ROAD NORTHEASTERLY ALONG SAID TARASCAN DRIVE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°17'43" A DISTANCE OF 31.17 FEET; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE NORTH 01°59'50" EAST, 163.37 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx PARCEL B (RESIDENTIAL LOTS) PARCEL B-1 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF HERITAGE HILLS UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5934 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AUGUST 9, 1967, BEING A POINT ON THE WESTERLY SIDELINE OF TARASCAN DRIVE DEDICATED THEREON; THENCE ALONG SAID WESTERLY SIDELINE SOUTH 01°59'50" WEST, 156.82 FEET (RECORD N01°33'47"E PER SAID MAP); THENCE LEAVING SAID WESTERLY SIDELINE NORTH 88°44'00" WEST, 196.60 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF POWAY RECORDED MARCH 11, 2011 AS DOCUMENT NO. 2011-0133672 OF OFFICAL RECORDS IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE NORTH 01°52'27" EAST, 156.82 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO. TWO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6136 FILED IN THE OFFICE OF SAID COUNTY RECORDER JUNE 26, 1968; THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHERLY BOUNDARY OF SAID MAPS SOUTH 88°43'57" EAST, 196.94 FEET TO THE POINT OF BEGINNING. PARCEL B-2 THE WEST 200.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID Page 2 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx SECTION 13 HEREIN DESCRIBED; THENCE SOUTH 0° 49' 00" WEST, 614.99 FEET; THENCE SOUTH 89° 08' 30" EAST, 733.99 FEET TO THE SOUTHWEST CORNER OF THAT PORTION OF PROPERTY CONVEYED TO RUDOLPH WALTER MATZ ET AL, ON SEPTEMBER 13, 1956 IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED TO MATZ, NORTH 1° 07' 00" EAST, 615.00 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13 HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50.00 FEET OF THE WEST 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL B-3 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE WEST HALF OF THE EASTERLY 266.99 FEET OF THE WESTERLY 466.99 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: Page 3 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER SOUTH 00°49' 00" WEST, 614.99 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO RUDOLPH WALTER MATZ, ET AL, RECORDED SEPTEMBER 13, 1956, IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID MATZ'S LAND AS FOLLOWS: SOUTH 89° 08' 30" EAST, 733.99 FEET AND NORTH 01° 07' 00" EAST, 615.00 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL B-4 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE EASTERLY 133.495 FEET OF THE WESTERLY 466.99 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, Page 4 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL B-5 LOT 2 AND THAT PORTION OF LOT 1 OF K N Q DEVELOPMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8019 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1974, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE US GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2 OF MAP 8019; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP 8019 SOUTH 89°08'30" EAST, 281.73 FEET; THENCE NORTH 01°'07'00" EAST, 270.00 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89°08'30" WEST, 149.67 FEET TO A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 47.12 FEET; THENCE NORTH 89°08'30" WEST, 103.50 FEET TO THE WEST LINE OF SAID MAP 8019; THENCE SOUTH 00°49'00" WEST, 300.00 FEET TO THE POINT OF BEGINNING. PARCEL B-6 PARCEL 2 OF PARCEL MAP NO. 9105, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 3, 1979 AS FILE NO. 79-366067, OFFICIAL RECORDS. Page 5 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx PARCEL B-7 THE EASTERLY 118.00 FEET OF LOT 1 OF K.N.Q. DEVELOPMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 8019 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1974 BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO U.S. GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE SHOWN AS PARCEL 1 RECORDED MAY 26, 1976, AS INSTRUMENT NO. 76-159496 OF OFFICIAL RECORDS. PARCEL B-8 PARCEL 2, AS SHOWN AT PAGE 3579 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1975. EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO THE CITY OF POWAY, ITS SUCCESSORS, OR ASSIGNS, IN GRANT DEED RECORDED SEPTEMBER 13, 1996 AS INSTRUMENT NO. 96-466213 OF OFFICIAL RECORDS. PARCEL C (RETAIL LOTS) PARCEL C-1 THE WEST 200.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 HEREIN DESCRIBED; THENCE SOUTH 0° 49' 00" WEST, 614.99 FEET; THENCE SOUTH 89° 08' 30" EAST, 733.99 FEET TO THE SOUTHWEST CORNER OF THAT Page 6 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx PORTION OF PROPERTY CONVEYED TO RUDOLPH WALTER MATZ ET AL, ON SEPTEMBER 13, 1956 IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED TO MATZ, NORTH 1° 07' 00" EAST, 615.00 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13 HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50.00 FEET OF THE WEST 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL C-2 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE WEST HALF OF THE EASTERLY 266.99 FEET OF THE WESTERLY 466.99 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER Page 7 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx SOUTH 00°49' 00" WEST, 614.99 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO RUDOLPH WALTER MATZ, ET AL, RECORDED SEPTEMBER 13, 1956, IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID MATZ'S LAND AS FOLLOWS: SOUTH 89° 08' 30" EAST, 733.99 FEET AND NORTH 01° 07' 00" EAST, 615.00 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL C-3 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE EASTERLY 133.495 FEET OF THE WESTERLY 466.99 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE Page 8 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL C-4 THAT PORTION OF PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8847 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1979, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 89°08'30" WEST, 100.29 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°51'30" EAST, 0.40 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89°08'30" EAST, 19.80 FEET; THENCE SOUTH 88°59'58" EAST 80.49 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 00°49'00" WEST, 0.20 FEET TO THE POINT OF BEGINNING. PARCEL C-5 PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8847 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1979. EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF A DISTANCE OF 100.29 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0°51'30" EAST A DISTANCE OF 0.40 FEET; THENCE SOUTH 89°08'30" EAST PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 19.80 FEET; THENCE SOUTH 88°59'58" EAST 80.49 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID EASTERLY LINE A DISTANCE OF 0.20 FEET TO THE POINT OF BEGINNING. Page 9 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx PARCEL C-6 PARCEL 1 OF PARCEL MAP NO. 8847, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1979, BEING A DIVISION OF A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. 8/06/2020 DOUGLAS B. STROUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 10 of 10 M:\3345\08\Legal Descriptions\A06 Poway Commons by Use.docx \\I EXHIBIT "B" POWAY ROAD HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street (858)558-4500 San Diego, CA 92121 R:\1558\&Map\EX Poway Commons by use.dwg W.O. 3345-0008 AFFORDABLE LOT; OWNED BY MC POWAY 97, LLC RESIDENTIAL LOTS; OWNED BY MC POWAY 97, LLC RETAIL LOTS; OWNED BY POWAY COMMONS, LLC LEGAL DESCRIPTION PARCEL DESIGNATIONS