Amendment to Owner Participation Agreement and to Agreement to be Recorded Affecting Real Property 2006-0768980RECORDING REQUESTED BY
AND WHEMIZECORDED RETURN TO:
City Clerk
City of Poway
P O Box 789
Poway CA 92074
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2006- 0768980
AMENDMENT TO OWNER PARTICIPATION AGREEMENT
AND TO AGREEMENT TO,BE RECORDED AFFECTING REAL PROPERTY
This,AMENDMENTTO OWNER PARTICIPATION AGREEMENT AND TO
AGREEMENT TO BE RECORDED�AFFECTING REAL PROPERTY ( "Amendment "), dated
as of the 15 day,of August 2006, is entered`into'by and between POWA'Y
REDEVELOPMENT AGENCY, a public,body corporate and politic ("Agency"), PARKWAY
DEVELOPMENT, LLC, a Delaware limited liability company ( "Parkway "), and PARKWAY
DEVELOPMENT III, LLC, a Delaware limited liabilitycompany ( "Parkway III ")(together,
Parkway and Parkway III are herein referred to as "Participants "), with reference to the
following Recitals which are deemed to be a substantive part hereof:
RECITALS
A. Agency and Parkway's predecessor in interest entered into an unrecorded
"Owner Participation Agreement" dated March 24, 1997 ( "OPA No: I") as disclosed by .a
memorandum thereof recorded April 8,.1997 as Instrument No. 1997- 0161588, Official Records,
San:Diego County Recorder's Office, -which affects the real'property described in Exhibit A
attached hereto and made a part'hereof(the "OPA No. 1 Property ").
B PursuaniYo'OPA No. 1, Agency and Parkway's predecessor in interest
executed an "Agreement To Be Recorded Affecting Real'Property" which was recorded,in the
Official Records of the;San,Diego County Recorder's Office on April 8, 1997 as.Instrument No.
1997-0161589 ("Agreement No. I"), which, among other things, incorporates certain provisions,
and obligations of OPA No. I
Q. Agency and Parkway III entered, into that Pertain "Owner Participation
Agreement " which waserecorded April 1, 1999 as Instrument No. 1999- 021692 -1, Official
Records,, San Diego County Recorder's. Office ( "OPA No. 2 ") concerning the development, use
and operation of improvements upon the real property which is described in Exhibit attached
hereto and made .a part hereof (the "OPA No. 2 Property ").
00 -lry.
• •
10463
D Pursuant to OPA No. 2, Parkway IIl:apd,Agencyexecuted an 'Agreement
To BeRecorded Affecting Real Property" which was recorded4n the Official Records of the San
Diego County Recorder's Office on April 1, 1999, as Instrument Number 1999 - 0216931
( "Agreement No. 2 "), which, among other things, incorporates certain provisions and obligations
of OPA No. 2.
E. On April 1'6, 2004, Parkway and Parkway III conveyed to Slough Poway
I, LLC, a Delaware limited liability company, the real property described'in Exhibit C hereto (the
"Slough Property"). The Slough.Property consists of approximately 27.657 acres.
F A portion of the Slough Property (approximately 6.412 acres) is located
within the OPA No: 1 Property and-is, therefore, subject to Agreement No. 1 ( "OPA No. 1
Slough: Property ") and a portion of the Slough Property (approximately 21.245 acres) is located
within the OPA No. 2 Property;and is, therefore, subject to Agreement No 2 ( "OPA No. 2
Slough Property").
G. Participant re- oriented the building on the:Slough Property moving it from
the OPA No. 2 Slough Property: to OPA No. 1 Slough Property, in,return for which the Agency
is willing to provide Additional Agency Assistance with respect to•the Applicable Property
AGREEMENT
NOW, THEREFORE, Agency and Participants hereby agree as follows:
I Definitions: Capitalized terms in this Amendment not defined herein shall
have the respective meanings set forth in OPA No. 1 and.Agreement No. 1 or, as applicable,
OPA No. 2 and Agreement No. 2 unless the context-in which they are used clearly requires
otherwise.
(a) "Additional Agency Assistance" shall mean an amount equal to the
Net Property Tax Increment attributable to the Applicable Property as of the Base Year and,
thereafter, inflated at -the rate of two percent (2 %) per annum commencing in the Fiscal Year
following the Election. In no event shall the Additional, Agency Assistance be greater than the
actual Net Property Tax Increment attributable to the Applicable Property in the applicable
Fiscal Year
(b) "Applicable Property" shall mean that portion of the OPA No., 1
Slough Property upon which abuilding.has been constructed and-Which property is designated as
a separate tax parcel „as described in Exhibit D hereto and, as such, has property taxes levied
against it apart from property taxes and special assessments levied against the balance of the
OPA No. I Slough Property and /or the OPA No. 2 Slough Property
(c) "Election” shall mead the election by Parkway III to receive
Additional Agency Assistance by providing Notice to the Agency on, or before April 30 of any
year in which Agency Assistance is due under OPA No. 2.
(d) "Fiscal Year" shall mean the fiscal year of the Agency which is
now July I through June 30 of each year
0 0 10464
2: Termination of Agency Assistance under OPA .No. I Parkway
acknowledges that,the.Agenc?s obligations under OPA No. 1 and Agreement No. 1 with respect
to Annual Payments of the Agency Assistance have been fulfilled and, therefore, such
obligations have been temiinated.pursuant to Section 205 of OPA No. 1
3 Payment of Additional Agency Assistance. If Parkway .I11 makes the
Election ;.Additional +AgencyASsistance 'shall be paid to Parkway 111 as Agency Assistance under
OPA No. 2. commencing- with; respect to the first fiscal yearTollowing the Fiscal Year n which
the.Election is•made, for the term and "subject to the provisions:of payment of Agency Assistance
under OPA No. 2, subject to the;reduction and limitations described in Paragraph 4
4 Reduction of and Limitation on Additional Agency Assistance. If
Parkway III makes the Election, then, commencing with ,the , first year of payment of Additional
Agency Assistance, the Additional Agency Assistance shall 'be reduced each fiscal year until
Agency Assistance reaches zero Dollars ($0:00), by an amount equal to,the amount by wbich�the
Agency Assistance under OPA No. 2 (exclusive of the Additional Agency Assistance) increases
over the amount.of Agency Assistancet(exclusive,of the Additional Agency Assistance) payable
to Parkway III with respect to�the Fiscal Year 2004-2005 Exhibit E provides an example of the
manner in which the calculation ,would apply Notwithstanding anything in this Amendment,to
the contrary, this Amendment shall not be construed or operate to increase the Agency
Assistance Cap or Project Bond Cap Amount.specified in Section-;161 of OPA No. 2. Additional
Agency .Assistance shall not be -included in the Net Property Tax Increment utilized to size
Project Bonds, nor may it.be pledged:to repayment of.the Project Bonds. Additional Agency
Assistance shall be counted toward the Agency Assistance cap.
5 Effect of Amendment. The terms of, this,, Amendment shall prevail over
any conflicting- terms in OPA No. 2 and Agreement No. 2. Except -as hereby amended, OPA
No. 2 and Agreement No. Tshall remain in full force and "effect in,accordance with its terms.
6. Counterparts. This Amendment maybe, executed in 'any number of
counterparts, each of which will.be deemed an original, and all -of which,together will constitute
one instrument.
0 9
10465
IN WITNESS ,WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized representatives as ofahe day and year first above written.
AGENCY.
POVe
a put
By.
Nam
Title
ATTEST:
L. Diane Shea, Secretary
Poway Redevelopment Agency
APPROVED
& Rauth
Agency
PARTICIPANTS:
PARKWAY DEVELOPMENT Ill, LLC,
a Delaware limited liability company
By- MCMILLIN COMPANIES, LLC,
a Delaware limited liability
company, its Managing Member
By-
ii
By-
PARKWAY DEVELOPMENT, LLC,
a Delaware limited liability company
By- MCMILLIN COMPANIES, LLC,
a Delaware limited liability
company, its Managing Member
By-
Its:
III i
=�g dMl
0
10466
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�. nA. nA. nAinA nA .A nAS..A nA nA. nA A. nA ..A A -A A nA n9. A A nA A n A ASIA n�a A Ga nAtnA vA nA. A .A nA A ..ASnO ..A n0-
State of California
County of (� �n ss.
On Aeto - i ` , 'ayp ,
Date
personally appeared
5HERRIE D. =ELL
Canmisnlon # 1421698 zz
Noimy ptb8e CaSremla f
Sar Dlego CouNlr
MVC0111111drLIE91 Junk
before me,
'0 Nay'r /9yB`i_ and Title of Officer (e.g., 'Jane Doe, Notary
Q Name(S -6fa ( -
personally known to me
u proved to me on the basis of satisfactory evidence
to be the person whose namevare subscribed
to the within ins(rument and acknowledged to me that
JQ/eheAi -e executed the same in j9 /hen'th it
authorized capacity(ies), and that by Q /heFAHeir
signature* -on the instrument the persoa(*, or the
entity upon behalf of which the persons} acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above y
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove.valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document s��
Title or Type of Document: Amewmen� 'o RJR)
Document Date: A, LL8 (��p Number of Pages: 1A
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer-
[] Partner-111 Limited
❑ Attorney in Fact
Title(s):
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
RIGHT NIBPRINT
OF SIGNER
0
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHumBPRINT
OF SIGNER
C 2004 National Noary Association - 9350 De Soto Ave.. P.O. Box 2402 - Cbatsworn, CA 91313 -2402 Item No, 5907 Reorder: Call Toll -Free 1- &10-8]6 -6627
10467
STATE OF CALIFORNIA }
ss.
COUNTY OF SAN DIEGO }
On this 31 st day of August, 2006, before me, Joyce Rooks, a Notary Public in and for
said State, personally appeared RANDY A. LEVINSON, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity(ies), and that by his signatures) ;on the instrument, the person, or
the entity upon behalf of which the person acted, executed the instrument.
Notary Acknowledgement
JOYCE ROOKS ;
COMM. # 1487651
NOTARY PUeUG 0
CAUFORNIA
SAN DIEGO COUNTY 0
COMM..EXP MAY 14, 2008
0 0
STATE OF CALIFORNIA
} ss.
COUNTY OF SAN DIEGO )
On this 31 st day of August, 2006, before me, Joyce Rooks, a Notary Public in and for
said State, personally appeared VINCENT G FERRER, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official
JOYCE ROOKS
COMMA 11487661
1487851
NOTARY PUBUC CAUFORNVIO
SAN D)EGO COUNTY 0
COMM: EXP MAY 14, 2008'
Notary Acknowledgement
EXHIBIT 'A 10469
(Legal Description of OPA No 1 Property)
LEGAL DESCRIPTION
THE. REAL PROPERTY SITUATED WITHIN COMMUNITY FACILITIES DISTRICT NO
88 -1 OF THE CITY OF POWAY, LOCATED IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS-
LOT 22 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, , F.ILED IN ._THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171 -317- 280- 34 -00)
LOT 44 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171- 317- 280- 37 -00)
LOT 45 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 .(APN 17 1 7 1- 3 1 7 - 2 80- 3 8 -00)
LOT 46 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171-317- 280-39-00)
PARCEL 108 OF PARCEL MAP 16320 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 10, 1990 AS FILE NO 90- 655448 OF OFFICIAL
RECORDS (APN 17171-317-280-5t-00)
PARCEL 109 OF PARCEL MAP 16320 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 10, 1990 AS FILE NO 90- 655448 OF OFFICIAL
RECORDS (APN 17171-317-280-52-00)
PARCEL 33 OF PARCEL MAP NO 16700 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 2, 1991 AS FILE NO 91- 619281 OF OFFICIAL
RECORDS (APN 17171- 317 - 810- 31 -00)
LOT 49 AND A PORTION OF LOT 48 OF CITY OF POWAY TRACT 87 -13 UNIT 1,
ACCORDING TO MAP THEREOF NO 12556, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8, 1990, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 3, 1993 AS FILE NO 1993 -
0814099 OF OFFICIAL RECORDS, BEING DESCRIBED AS FOLLOWS
A -1
BEGINNING AT A POINT ON THE NORTH 7BOUNDARY OFF 10470
D LOT 48
DISTANT THEREON SOUTH 87 010'17!' EAST 53 94 FEET FROM THE
NORTHWEST CORNER THEREOF, THENCE LEAVING SAID BOUNDARY
SOUTH Ot °00'16" WEST 30771 FEET TO A POINT IN THE SOUTHERLY
BOUNDARY OF SAID LOT 48 AND THE TRUE POINT OF BEGINNING, SAID
POINT BEING A POINT ON A 394.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL TO SAID .POINT BEARS NORTH 31013'02"
EAST, THENCE RETRACING THE AFOREMENTIONED COURSE NORTH
01 °00' 16" EAST 307.71 FEET; THENCE ALONG THE BOUNDARY OF SAID LOTS
48 AND 49 AS FOLLOWS 87010'17" EAST 71 90 FEET TO THE
BEGINNING OF A TANGENT 617.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY,' THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 31 019'39" A DISTANCE OF 337 63 FEET TO THE
NORTHEAST CORNER OF SAID LOT 49, THENCE CONTINUING ALONG SAID
BOUNDARY SOUTH 46 028'20" WEST 408.65 FEET TO THE SOUTHEAST
CORNER THEREOF AND A POINT IN A 394 50 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH
49 °51'50" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID
BOUNDARY THROUGH AN ANGLE OF 13 033'48" A DISTANCE OF 128 39 FEET
TO THE TRUE POINT OF BEGINNING [APN 317- 810 -35 (LOT 48) and 317 - 810 -22
(LOT 49)]
LOT 50 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171 - 317 -8 t0- 23 -00)
LOT 51 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, .FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171 -317- 810- 24 -00)
LOT 55 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171-323-090-62-00)
TOGETHER WITH THOSE PORTIONS OF SOUTH POWAY PARKWAY AND
STOWE DRIVE ADJACENT TO AND ABUTTING SAID LOT 55 AS VACATED
AND CLOSED TO PUBLIC USE BY RESOLUTION NO 92 -062, RECORDED MAY
12, 1992 AS FILE NO 1992- 0284902 OF OFFICIAL RECORDS, AND BEING
FURTHER DESCRIBED AS FOLLOWS
BEGINNING AT THE WESTERLY POINT OF TERNIINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY
LINE OF LOT 57 OF SAID MAY NO 12556, SAID POINT BEING ON THE
WESTERLY LINE OF THE RIGHT OF WAY OF SAID STOWE DRIVE, THENCE
EASTERLY ALONG SAID WESTERLY LINE AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 26° 06'58" A DISTANCE OF 15 73
FEET TO A POINT OF CUSP WITH A 34.50 FOOT RADIUS CURVE
A -2
r 10471
CONCAVE EASTERLY, A LINE RADIAL TO SAID CURVE THROUGH 'SAID
POINT BEARS SOUTH 340 07'58" EAST, THENCE. LEAVING SAID WESTERLY
LINE OF THE RIGHT OF WAY OF SAID STOWE DRIVE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 48' 41" A
DISTANCE OF 21.56 FEET, THENCE TANGENT TO SAID CURVE, NORTH 88°
19' 17" WEST 467.56 FEET TO A POINT ON THE NORTHERLY LINE OF THE
RIGHT OF WAY OF SAID SOUTH POWAY PARKWAY, THENCE ALONG SAID
NORTHERLY LINE SOUTH 880 40' 07" EAST 165 00 FEET, SOUTH 890 16' 35''
EAST, 120 02 FEET, SOUTH 88 °0 19' 17" EAST 187.56 FEET TO THE POINT OF
BEGINNING
LOT 56 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED, IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990 (APN 17171 -323- 090- 63 -00)
THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION
19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF (APN 17001-323-091-02-00)
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RANGE i WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO OFFICIAL PLAT THEREOF'(APN 17169 -323- 090- 17 -00)
LOT 2 OF SECTION 19, TOWNSHIP 14, SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF EXCEPTING THEREFROM
ANY PORTION THEREOF LYING WITHIN CITY OF POWAY TRACT 87 -13 UNIT 1,
ACCORDING TO MAP THEREOF NO L2556, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, FEBRUARY 8, 1990 (APN 17169 -323- 090 -43 -00 and 17169-
323- 090- 66 -00)
LOT 3 AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 14, SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF EXCEPTING THEREFROM ANY
PORTION THEREOF LYING WITHIN CITY OF POWAY TRACT 87 -13, UNIT I,
ACCORDING TO MAP THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, FEBRUARY 8, 1990 (APN 17171-323-090-65-00)
THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 14,
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN
CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP THEREOF NO 12556,
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 8,
1990 (APN 17171- 323 - 091- 03 -00)
A -3
0 ' 0 ' 10472
LOT 15 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. EXCEPTING; THEREFROM THAT PORTION OF
LOT 15 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS
COMMENCING AT THE.SOUTHEASTERLY CORNER OF SAID LOT 15, THENCE
ALONG THE SOUTHERLY LINE THEREOF NORTH 87° 40' 02" WEST,, 299.00
FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO THE BURNHAM
FOUNDATION BY DEED RECORDED DECEMBER 29, 1992 AS FILE NO. 1992-
0833279 OF OFFICIAL. RECORDS, THENCE ALONG THE EASTERLY LINE
THEREOF NORTH 200 19'58" EAST 438 85 FEET. TO THE NORTHEAST CORNER
OF SAID LAND (APN 17188- 317 - 280- 58 -00, formerly 17188-317-280-27-00)
A -4
•10473
EXHIBIT B
(Legal Description of OPA No. 2 Property,)
This site consists of Lots 1, 8 and 9 of City of Poway Tentative. Map 98 -05, as approved by
Poway City Council Resolution No P 99 -16, dated February 23, 1999
10474
EXHIBIT C
(Legal Description of Slough Property)
Real property in the City of Poway, County of San Diego, State of California, described as
follows:
LOT 1 OF CITY OF POWAY TRACT 98 -05, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13852, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER
17, 1999
TOGETHER WITH
LOT 2 OF CITY OF POWAY TRACT 98 -05, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13852, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
17, 1999, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2, DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, SAID POINT BEING
ON THE NORTHERLY RIGHT -OF -WAY OF KIRKI-IAM WAY, SAID RIGHT -OF -WAY
HAVING A BEARING OF SOUTH 62 °37'51" WEST, THENCE SOUTHWESTERLY
ALONG SAID RIGHT -OF -WAY SOUTH 62 °37'51" WEST 187.34 FEET, THENCE
LEAVING SAID RIGHT -OF -WAY NORTH 300 59'09" WEST, 845 62 FEET TO A POINT
ON THE SOUTHERLY RIGHT -OF -WAY OF SCRIPPS POWAY PARKWAY, SAID RIGHT -
OF -WAY LINE BEING ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 2053.50 FEET, A RADIAL TO SAID POINT BEARING SOUTH 260713"
EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4 °51'56 ", AN ARC LENGTH OF 174.38 FEET TO THE END OF THE CURVE. THENCE
CONTINUING TANGENT ALONG SAID RIGHT-OF-WAY, NORTH 59 000'51 EAST, 66.52
FEET, TO THE NORTHEAST CORNER OF THE AFOREMENTIONED LOT 2, THENCE
SOUTHEASTERLY ALONG'THE,EASTERLY LINE THEREOF, SOUfH 27 022'09" EAST,
851 73 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 1 IN A CERTIFICATE OF
COMPLIANCE RECORDED ON AUGUST 15, 2001 AS FILE NO 2001 - 0581327 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY
10475
EXHIBIT D
(Legal Description of Applicable Property)
Real property in the City of Poway, County of San Diego, State of California, described as
follows.
LOT 2 OF CITY OF POWAY TRACT 98 -05, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13852, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
17, 1999, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2, DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2; SAID POINT BEING
ON THE NORTHERLY RIGHT -OF -WAY OF KIRKHAM WAY, SAID RIGHT -OF -WAY
HAVING A BEARING OF SOUTH 62 037'51" WEST; THENCE SOUTHWESTERLY
ALONG SAID RIGHT -OF -WAY SOUTH 62 °37'51" WEST 18734 FEE'I .'I'HENCE
LEAVING SAID RIGHT -OF -WAY NORTH 300 59'09" WEST, 845 62 FEET 10 A POINT
ON THE SOUTHERLY RIGHT -OF -WAY OF SCRIPPS POWAY PARKWAY SAID RIGHT
OF -WAY LINE BEING ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 2053.50 FEET, A RADIAL TO SAID POINT BEARING SOUTH 2607'131'
EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4 °51'56 ", AN ARC LENGTH OF 174.38 FEET TO THE END OF THE CURVE, THENCE
CONTINUING TANGENT ALONG SAID RIGHT -OF -WAY, NORTH 59 °00'51" EAST, 66.52
FEET, TO THE NORTHEAST CORNER OF THE AFOREMENTIONED LOT 2, THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE THEREOF, SOUTH 27 °22'09" EAST,
851 73 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 1 IN A CERTIFICATE OF
COMPLIANCE RECORDED ON AUGUST 15, 2001 AS FILE NO 2001 - 0581327 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY
EXHIBIT E
(Example of Calculation)
Assume Election is made on
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
April 30, 2006
04 -05
FY 05 -06
FY 06 -07
FY 07 -08
FY 08 -09
FY 09 -10
Agency Assistance under OPA No. 2,
exclusive of Additional Agency
Assistance
$ 40,000
S 50,000
$ 75,000
$ 100,000
$ 150,000
S 175,000
Increase in Agency Assistance under
OPA No. 2, exclusive of Additional
Agency Assistance
N/A
M000
35,000
60,000
110,000
135,000
Net property Tax Increment
Attributable to the Applicable Property
5,000
100,000
102,000
104,040
106,121
108,243
Additional Agency Assistance
-0-
67,000
44,040
-0-
-0-
O
t,A
O
Irk
' Assume Election is trade oil or before August 30, 2006
J