Declaration of Covenants and Grant of Access Easement 2007-0416536
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;-, [IDC II 2007-0416536
'RECORDED AT THE REQUESTfio fll
CHICAGO TITLE CO i 1111111111111111111111111111111111111111111111111111111111111lilllllll
PB I
JUN 20, 2007 3'41 PM I
33p RECORDING REQUEST BY AND C1FFICI,.::..L FiE[C1R[t';
9W - -,-
WHEN RECORDED RETURN TO' '..:l!J ['I!:.bU 1,_,UUN7'r F!ECCiF-![IER": 1-IFf:'If:E
CiFiEC10F:'1 ,I ':;~"m H c:cu~,,' r'l RECClFi[IEF:
F[E' 1&O,OU "'.:l.I"': '3
I toY) Poway Redevelopment Agency ;::'.::.f-iE'__ '.'
POBox 789
Poway, California 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
7 ])D'/)-3 f.:,-utro 2007 -()416536
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DECL~ATION OF COVENAN'I;S'AND
GRANT OF ACCESS EASEMENT
This De}ijarationo C,ovenarlts and Grant of Access Easement ("Agreement",)-is entered
into this 6 Clay of " " ' 2007 by and between PO;WAY REDEVELOpMENT
AGENCY a public body' cOfJJ()~ate and politic ("Grantor") and A LA CARTE CORP; a
California corporation ("Grantee").
RECITALS
A. Grantor .isihe fee owner of certain rea] property located in, the County of San
Diego, California, more particu]arly.described in Exhibit"A~', attached hereto and incorporated
herein' ("Grantor Property"). , The Grantor Property is 'subjeCt to a ground lease between
Grantor ana Cominunity Road H~using Associates, L.P., a California limited partnership
("CRRA") dated February ]4,2006i("Ground Lease").
B Grantee is the fee' owner, of certain real property located in the County of San
Diego, California, which is,adjacentto the Grantor Property and ,is more particularly described in
Exhibit "B" ("Grantee'Propetty"). An office building is located onthe Grantee Property
C. Grantee requires an .access easement in, up()n 'and across that portion of the
Grantor Property d~scribed in Exhibit,"C" ("Easement Area") in order-to access a pu~licstreet.
Grantor desires to gr'[nt such ,access easement to Grantee for the purposes' and .on the terms'set
foith.below
NOW, THEREFORE, f9r good and valuable consideration, the receipt and adequacy of
which are hereby.acknow]edged, the parties agree as follows:
I GItA:NT OF EASEMENT Grahtor:hereby grants to Grantee, its successors and
assigns, ,and ariy emp]oyees, representatives, suppliers, ,ven40~s, customers, ~li~nts, contractors,
agents !lnd consultants on the Grantee Property(collectiveIy,.the "Grantee,Permittees) a non-,
exdusive, R'hpetualeasemel1t. ("Easement") in, upon; o.ver; under, and across the Easement,
Area for the'pufJJoses of-vehicular ingress, egress and access'for purposes:of private access for
Grantee and 'the Grantee Permittees to :and from the offlce employee parking lot and' other
facilities located on the Grantee Property The Easement shall be appurtenant to, may not. be
transferred separately from, and'shall pass'\vith title to'theGrantee Property and shall inure to the
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benefit of'the present and future owners of the Grantee Property and shall burden the Grantor
Property
2., MAINTENANCE OF EASEMENT AREA. Grantor shall maintain, repair,
reconstruct and replace, or cause .tobe maintained, repaired, reconstructed and replaced, the
Easement,Area'in such condition as ,to facilitate the reasonable use of-such roadway consistent
with generally accepted, asphalt roadways for vehicular traffic. Routine maintenance shall
include periodic sweeping and t[ash removal. Grantor shall be responsible for all costs and
expenses incurred in' ,connectiori with such routine maintenance. Grantor may assign the
maintenance responsiIJilities herein and the financial responsibility 'for the same to an agent,
property manager or lessee;:the parties hereby acknowledge that during the term of the Ground
Lease, CRHA shall be responsible for (i) the routine maintenan~e and the costs associated
therewith ~nd (ii) for any capital improvement. Notwithstanding the foregoing, if the need for
any capital improvement or routine maintenance, repair or replacement arises out of, directly or
indirectly; or iso~casionedby:actions or inactions.ofany'preserit.or futureiowners or users,otall
or a portion of the Grantee Property and its agents, contractors, principals, directors,
shareholders, tenants, subtenan!s, employees, guests and invitees, as,applicable, that are beyond
those expected to occur duririg;tl1.e use bf.the Easement Area contemplated in this Agreement, the
cost of any,.such capital improvement or routine maintenance, repair or replacement shall be paid
by the pariy or parties causing such harm.
3 USE RESTRICTIONS:
3 I Covenant to Minimize Disruption to Residents. Grantee hereby
acknowledges and .agrees tl1.atresioential dwelling units are 10clltedwjthin the GrantonPrqperty
in close proximity to the Easement Area and covenants to exerCise Graritee's access rights wiihin
the:Easement Area in such. a :manner- as to minimize disruption 9f the, quiet enjoyment of the
residents within, the Grantor' PropertY at all times of day' and night. Grantee's use of the
Easel11ent Area is subject tothe.f6llowingrestrictions.
.3 I I General Public Excluded; Limited Access. Grantee's rights
.pursuant to Section 1 exclude the ,right to penn it members ofthe general public to use the
Easement; proviaed, however, Grantee shall have the right to p~rn1it limited employees, clients
and guests of the office located ,on: Grantee Property access over,the Easement Area to access the
office and other limited facilities located on the Grantee Property
3 1.2 No' Parking or Other Obstructions. Grantee hereby a~knowled.ges
that the' Easemen.t Area seryes. as emergency fire access for the Grantor Property Grantee. shall
refrain from any uses within the Easement Area that would obstruct the passllge of any
'emerg!"ncy vehicles or fire access. ,Parking within the Easement Area is strictly prohibited.
Grantor shall have,theright.to:tow parked veliicles by Grantee or its invitees at Grantee's sole
cost and eXp'.ense, Grantor shall have the right to remove equipment, materials or other
obstructions :Ieft 'iIi' tlie Easement Area by Grantee or its invitees at Grantee's sole ,cost and.
expense. Thqmrties her~l)y,ac~nowledge that d,uring thetennofthe Ground Lease, CRHA shall
be responsible for the enforcement obligations set foi'thin this Section 31.2.
4 INSURANCE,
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41 Insurance Obligations.
411 Grantee shall ,at all times during the term of this Agreement,
maintain or cause to be maintained in full force and effect a' commerciaL general public liability
insurance policy. (on occurrence and a per location basis) insuring against'all claims for personal
injury, death or propertydall1age occurring upon, in or about the Easement Area or asa.result of
Grantee's entry within,the Easement Area, with combined single' limits Of at least Three Million
Dollars ($3,000,000.00) per occurrence, which insurance, shall include contractual liability
coverage covering the insured's ,indemnity obligations hereunder Such insurance policy shall
name Grantor and CRHA as, additional insureds. Gral)tee 'agrees to submit policies of all
insurance required by this ~ection 4 I I, or certificates evidencing the existence thereof, to
Grantor on or before, the effective date of this Agreement, indicating full coverage of the
contractuarIiaoility imposed by this Agreement At least thirty,:(30) days prior to the expiration
orany such policy, copies of renewal policies, or certificates evidencing the existence thereof,
shall be submitted to Grantor All policies shall be wri~~nby'good and solvent insurers
qualified to do business in 'California with an AM Best's' rating of not less than A- and
reasonably acceptable to Grantor ,All policies or certificates ofinsurance shall also: (i) provide
that suchpoljciesshall not be cancelled or limited in any'mann'er withoutat least thirty (30) days
prior written notice to Grantor, and (ii) provide that such coverage is primary and not
contributing with any insurance, as may be obtained by Grantor ilnd shall contain a waiver of
subrogation for the benefit of Grantor In no event shall the limits of any coverage maintained
by Grantee:be considered as limiting Grantee's liability under this Agreement.
4 1.2 Grantor, or during the term of the. Ground Lease, CRHA, shall
maintain a policy of general liability insurance against claims and liability on account of personal
injury, death and property damage incurred in or about the Easement Area, with limits of not less
than Three Million Dollars ($3:000;000.00) per occurrence.
5 INDEMNITY
5 I Indemnification bv Grantee. Grantee agrees to indemnify, defend and
hold Grantor ,and its respective officers;, directors, members, mariagers,"agents and' employees
free and harmless from any and all losses, claims, demands, damages, liabilities,costs and
expenses of whatever nature (including without limitation reasonable attorneys' fees ,and costs)
relating to or arising from the use of the Easement Area by Grantee or such otDer Grantee
Permittees. ..
5.2 Survival. The provisions of thjs' Section shall survive any termination of
this Agreement,in whole or in:part.
6., ,MUTUALITY: RECIPROCITY. RUNS WITH LAND All .restrictions,
conditions,covenants, and agreements contained herein are made for the direct, mutual and
reciprocal, benefit ,0f'Grantee Property; shall create mutual, .equitable servitudes and burdens
upon'the Qrantor I!roperty in favor of the Grantee Property;,:shail create rights,and obligations as
provided for. herein betWeen the respective owners of the Grantee Property and the Grantor
Property, their heirs, successors and assigns; and shall, 'as,to the, owner of the Grantor Property,
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its heirs, successors aridassigfis, operate as covenants runnihgwith the land for the benefit of the
GfanteePfC?perty
7 MISCELLANEOUS.
7 I Construction, Headings in this Agreementar(: for convenience and are not
a part ,ofthis Agreement. This Agreement is executed and'deiivf:red in the State of California
and shall be'construed and enforced in accordance with, and' governed by, the laws of the State
of California.
7.2 Attornevs' Fees. Ifany actions are brought to enforce this Agreement, the
prevail ing party shall be entitled to recover all costs and expenses of the action including
reasonable attorneys' fees.
7.3 Enforcement. Enforcement of this Agreementmay be"in a proceeding in
law or ih equity'against any'persowor,entity or entities violating or attempting to violate' any of
the provisionsof.this Agreement,'and.may seek to adjoin or preventthem from doing so to cause
any violation to be remedied and/ofto recover damages for any violation.
74 Notices., All notices or other communication r.t:quired or permitted under
this Agreement.shall be in :writingand shall be delivered personally or sent by registered or
certified mail, return receipt requested, postage pre-paid, or overnight mail, addressed to the
person or entity to receive such notice or communication atthe addresses set forth below and
shall be effective upon receipt
rfto Grantor'
Poway Redevelopment Agency
13325 Civic, CenterDrive
Poway, CA: 92064-5755
Attn: Rod Gould, Ex.ecutive Director
With a copy to:
Poway Redevelopment Agency
13325 Civic Center. Drive
Poway, CA 92064-5755
Attn: DenaFtlehtes, Director of
Redevelopment'Seryices
With a copy to:
Stradling Y 6ccaCarlson.&:Rauth
660 New'[lC?rt Center Drive, Suite 1600
NewportBeach,CA 92660-6401'
Attn: jon E. Goetz, Esq.
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With a copy to:
Community. Road Housing Associates, L.R:
clo 'Community. Housing Works
4305 University'Avenue, Suite 550
San Diego,CA 92105
Attn: President and CEO
With a copy to:
Luce Forward' Hamilton & Scripps LLP
600 WestBroadway, Suite 2600
San Diego, CA92101
Attn: Karolina Ericsson, Esq.
Ifto Grantee:
A La Carte Corp
1820 S. Esconaido Blvd. Suite 101
Escondido, CA 92025
Attn: President
With a copy to:
Luce Forw~rd Hamilton & Scripps LLP
600 West Broadway; Suite 2600
San Diego, CA 9210 I
Attn: Karolina Ericsson" Esq.
7.5 No Waiver The waiver or failure to ehforce'.'any breach or violation of
any covenant herein contained shall not be deemed to be a waiver or abandonment of such
covenant, or any waiver of the right to enforce any su]jseCjueht breach or violation of such
covenant.
7.6 No Partnership Neither this Agreementhor any acts of the. parties hereto
shall be deemed or constructed by the parties hereto, or any of , them; or by any third person, to
create the'relationship of principal'and ,agent, or of partnership, or of joint venture;, or of any
association between any ofthe,paJ:lies to this Agreement.
77 Nota Public Dedication. Nothing herein contained shall be deemed to be
a gift or dedication. of any portion of the Grantor Propertyto:the general public or.for the general
public'orfor any'public:purpose whatsoever, itJieing the intention of the parties hereto thatthis
Agreement shall be strictly limited to and for the purposes herein expressed.
7.8 Mortgagee Protection. No poition,ofthis Agreement or any amendment
or violation thereof shall operate to defeat or render'jnvalid"in whoIeor in part, the rights of the
beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any
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11062
" portion onhe<orar\tee,ProRei'l)' or Grantor Property;,provided'that, after foreclosure of any such
'rriortgageor,deed oftrust, the property foreclosed.shall;r~emainsubject to this Agreement.
7.9 Duration. This Declaration and each term, easement, covenant, restriction
and undertaking of this Decl:lration will remain in effe~tfor a tenn of ninety~nine (99) years
from the recordation date he!~t9 and will automatically'be,renewed for successive ten (10) year
.periodsthereafter unless a1l6fthe'Owners agree in writing, not to,so renew
7 10 Entire -Agreement. This Agreement constitutes the entire Agreement
between the parties concerning the subject matter of this,Agreement. Any amendment of this
Agreement. shall 'require the w~ittenconsent of Grantor and Grantee, or their successors and
assigns, as applicable.
7 II Severabilitv In the:event any portion onhis.Agreement shall be declared
by any{'.:ourt,of competentJurisdiCti6ii to be invalid, illegal, or unenfo~ceable" such portion shall
be deemed severed from thislA:greement. The remai'1ing'parts,ofthis.Agreement shalhemainin
full force .and effect, as fully as'th6ugh the invalid, illegal or unenforceable portion had~never
been part.ofthis.Agreement.
7 12 Amendment. This Agreement may'be,.amended only by'an.instrument in
writing,executed 'by Grantee and Grantor or the successive owners of the Grantor Property and
Grantee Property respectively.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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!,-13 Counterparts. This Agreement.may be executed in multiple counterparts,
each of.which sh;f],be)d~emed to be an original agreement, and"all.ofwhich shall constitute one
agreement
This Agreement has been executed as of the date firstabove set forth.
GRANTOR:
POWAY REDEVELOP~NT AGENCY,
a public body,corporate,ilho politic
By.~..~9
ATTEST Rod "Gould;. Executive Director"
Agency Secretary
'TO FORM:
GRANTEE:
A LA CARTE CORP, a California corporation
By'
Susan.M. Reynolds,'l~resident
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11064
CALIFORNIA. ALL-PURPOSE ACKNOWLED~.MENlT
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I, 'I
,
, State of California } ss ,
, "
" Cou nty of ,
,
, On m~1; /ffJ bll(
,
,
Date
" ,
, personally appeared "
Name(s)of Signerls) ,
.4rsonallY known to me
, L proved to me on Ihe basis of satisfactory 1
I' Ifj :.=~:\ evidence 1
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to be the perso~ whose name~/~
-, Notary Public. Collfomlo _
i. II> san DIegO County subscribed to the wi~nt and
MY eomm. ExPlres.0ct2t, 2007 , acknowledged to me fha e executed
, the same in ~he-rr- authorized
capacity(~ and that by ~tJ;lefr
signature(s}on the instrument the person(aY.or ,
the entity upon behalf of which the persopfs) "
.,
, acted, executed the instrument.
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Place Notary Seal Abm'e .
,
, OPTIONAL
Though the information below is, not required by law, it may provevaJuable to persons refving on the document
and could prevent fraudulent removal and reattachment of.this form to another document.
" W~Vtl7M1S 1M' Aniltl Hat
" Yw1J
, 'J
Document Date:
Signer(s) Other Than Named Above: 1
I, 1
" Cai?acity(ies) Claimed by Signer 1
, Signer's Name:. ,
, o Individual .
" Tor of thumo here
o Corporate Officer - Title(SI:
o Partner -.0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator 1
, ,I
" o Other' ,
,
Signer Is Representing:
LX$_"
@1997National Notary AssociRtion 9350 De Solo Ave.. P.O. Box 2402 Chatswor1h, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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11065
7 J3 Counterparts, This Agreement may be',executed in multiple counterparts,
each of which shalrbedeemed to be an original agreemeht, and all of which shall constitute one
agreement.
This Agreement has been executed as of the date first above set forth,
GRANTOR:
POWAY REDEVELOPMENT AGENCY,
a public body, corporate and politic
By'
Rod Gould, Executive Director
ATTEST
Agency Secretary
APPROVED AS TO FORM:
StraOling Y occa Carlson & Rauth,
Agency Special Counsel
GRANTEE:
AL oration
By'
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11066
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
5:' )
COUNTY OF 'fin IJ1CJO ) ,
On (}prt! d%-, 200L before me, Ilck),'l &nf/'iMCZ ;Vole",! h/;L ,
personally appeared .5/.A:5C1n t'1 /i'ey (7c/d~ I"
personally known to me (or proved to ' me on the basis of satisfactory evidence) to be the
personM whose name,J:i) is~ s'Ubscribed to the within instrument and acknowledged to me that
Jle1she~y executed the same in J,W;/her/tJlefr authorized capacity(j.es), and that by l}is'/her/tl).W
signatufo/J on the instrument the person~ or the entity upon behalf of which the persol)(sJ
acted, executed the instrument.
~ ""AA"~""
, " Commission # 1548691
~ . -,,;Nofary P~bllc - California ~
~ . , , San Diego County t
_ ._ "" ~:o~m:x~es_Ja~2~2~
STATE OF CALIFORNIA )
)
COUNTY OF )
On -' 200 . before me, ,
personally appeared
personally known to me (or 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.
WITNESS my hand and official seal.
Signature of Notary Public Place Notary Seal Above
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11.067
CONSENT
During the term of the Ground Lease, Community Road Housing Associates, L.P., a California
limited l'a[tnership, hereby con~entsto the obligations it lias'expressly assumed as set forth in
th is Agreement.
Dated, COMMUNITY ROAD HOUSING
ASSOCIATES, L.P" a California limited
partnership
By' Community Housing, Works, a Cali~ Ia
non-profit corporation, General E rtner
~
usan M. Reynold
, President.and CEO
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF.S;;n bitt" \
On fJ,oo/JL, 200"1, before me, flrk/'nq Enflra, $tJlal'/ f/.,j/;G,
perso~red <U:5C1n !1 pe'jnolds '
personally known to me, (or r.roved to me on the basis of satisfactory evidence) to be the
p~rson~whose1!lame.wis/~ subscribed to the within.instrumentand acknowledged to me that
~/she/!PeY executed the same in pi's/her/t)lefr authorized capacity~, and that by jJ.i{/her/tjJiir
signature,J:i) 0!1 the instrument the perso')li1, or the entity upon behalf of which the person,(s)
acted, executed the instrument.
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ADELlNA' ENRIQUEZ
IYnNEss my h," ~d "ffici" ""I. 1 ~,-, com misSlo, n # 1, 548, 691 .
~..,,; . Notary Public ~ California ~
~. . , ' - . Son Diego County
, . . MyComm, ExplresJon29,2009
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11068
SUBORDINATION -\GREI~MENT
Thc llllderslgncd I 'Benctician I hulds a henellclal interest i'n that ccrtain Lease dated Februarv
14 200G e"ecuted,hy Powav Redevclopment -\gencv a public body corporate and Community
Road I-Iousilig Assueiates, L P a (.ali1;)I'I1Ia 'ullited partnership I 'Cronnd Lease '), rewrlkd in
the Uflice ofthe CUllnty RceorderuJ' "an Diego County on Februarv 17 2006 as File No 2()()6-
o 116l)OX oj' tJr'tieial Rewrds. which ljJ'()und Le'lse mal' encurilloer all or a portion of'the real
propert\. descriheu 111 tile furegolng Declaration or Cuvenants, and Grant of I\ccess Easerncnt
( Agrct'mcnt'~). F3enet~ciar)' now suhordinates the Ground Lea~e and its beneficial interest
thereunder l() the !\greclllcnt.
LJatcd!Jrr;j J~ c#or COMMUNITV ((OAt) HOUSING
ASSOCI t\ TIL!'., L.P a CaliJ'ornia limited
partnership
[Iv Lllllll1ltll1lty Ilollsing \\lorks: a California
non-prut~t corporatiun. General Partnc'
B M
, usan rvl Revnolds,
President and CEO
ACKNOWLlWGMENT
State oj C.alili1l'l1ia )
)
Cotlnty of San l)lego )
Un 200 IK fo re me. personal I)
applcarcd, rersonall) kl1P\vll to me (or proved to me on the basis or satisl~lctory evidence) to be
the persnllls) whost: nallle(s.) Is/an: subscribed to the within instrumcnt and acknowledged to me
that he/shelthcl' executed the ,same III hJSlhcrltheir authorizcd eapaeitylics). and that IJ\'
his/her/their signarure(s) Oil the instrul11ellt the person(s), ur the enlity on behall' oj' which the
person( s) ~lcte(L executed the instruml:nt.
WITNES~ 111) hand alld oi'fieial seal
)jgn<lIUrC (Seali
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11069
ACKNO\\'LEDCEMENT
';IAIT (ll' l/\UFURNI;\ )
UJlINT, 111,(;17 Afr: hel(',e 11lL {jfJr7? ENIY<C2, ;tJ?JIa'f f!, j)e-
IJIl~j ;;J t 21111r
pL'l""", 11\ appeared _'it1,,<<n 11 ;f'ey,nc!< s /. I
pl'rsPllall.' KIlOWll III IllL' (or p~d to l;lC 011 tile hasis or s<ltjsl~lctur\' t'\.jdl'llCCl tll hI..' thl'
IkTSlllly.<) whose n<lllll'yf is/yre subscribed III the within instrument and acknowkdged to Illl' that
r/shc/~\ l'.\l:clltcd the same illrs/her/~r <.1ulhurized C<.1I)aciLYJj..~'~n. and lh~1l 11\ ).rfS/llcr/tJ.w1f"
slgnaturc)l1 PIl thl' instrLllllcll( the IXTSLlI lj.Xi. llr llle cntilv lIpon bellall" ur which the pcrslll~
acted. c\t:l..ulcd the instrulllent.
\l'ITNI:"~ 111\ halld al @ ADEUNA ENRIQUEZ
~v - Commission # 1548691
i . -,,; _ Nolory Public - Collfomlo ~
. San Diego County -
. My Comm, Expires Jon 29, 2009
S;T\TI,: OI'l;\UHWNlll I
I
lIJlINTl (ll' )
(Ill 2111) hcrnrl' IllL.
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pcrsull<.lJly appeared
pLTsnllall) kI1(1\\"11 tll 1111.: (<..11' proved to me PIl the basis or salisl~IL1C\ry l'\'llknce) [I) he the
\1L'rSI1I1(s) \\'lwse Il<.lllle{s) is/an.~ subscrihed t\l till' willlin instrtllllL'llt ~ll1d ad.:nu\\'kdged tll lllL' th~ll
hd-.;hdthc\i L'"\L'culL'd tilL' sallle ill his/her/their ~llltlll.)rized c;lpacity( ies). and that h) his/her/their
slgll~llllrc(:-) e1l1 the IIlstnllllt'llt thL' perSOll(s), llr the entlt) lIpOIl hehalf 01 which the pL'rson(s)
;\Cll'd. C.\Clutl'd till' illstrulllenl.
\l'ITN[~\ 1m l1aml ami "I'llelal seal
~1':::11:11111," ,'1"1"'<' ;11\ l'ldllll 1'1;1(,'i\'IlI;II\""l',i1"\I'<l'",'
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11070
SUBORDINA nON AGREEMENT
The undersigned ("Beneficiaries") hold a beneficial interest in that certain Regulatory
Agreement between Poway Redevelopment Agency; a public body, corporate and politic and
Community Road Housing Associates, L.P a California limited partnership, dated February 14,
2006 ("RegnIatory Agreement"), recorded in the Office ofthe County Recorder of San Diego
County on February 17, 2007 as File No, 2006-0116909 of Official Records, which Regulatory
Agreement may encumber all or a portion of the real property described in the foregoing
Declaration of Covenants and Grant of Access Easement (-"Agnlement"), Beneficiary now
subordinates the Regulatory Agreement and its beneficial interest thereunder to the Agreement.
Dated, COMMUNITY ROAD HOUSING
ASSOCIATES; L.P" a California limited
partnership
By' Community Housing. Works, a California
non-profit corporation, Genera) Partner
e: usan M, Reynolds,
President.and CEO
POW A Y ~EDEVELOPMENT AGENCY,
a public body, corporate and politic
By-
Rod Gould, Executive Director
, . .
11071
ACKNOWLFi>GEMENT
';TATEOFCALlFORNII\ )
CUUNTY Or:5'af7 'tnr:
011 (!fli/ ,}I_ 20llr heli',e l11e !!it,,? ENI'f~C'Z- , ;d1'C'1 tile-
pels'" ally 'q'pe,;,cc! .s; tI:s.a n n I?ey!'.;' S / / I
pcrsnll~dl\' kthlWll to ilK (or pr'c1ved tp Jll~ on lht' hasis of satisl~lctorv l'vickncc) to he the
. '- .
pcrsoll}>l1whoSL nalllt'Y' Js/yr'e suh.s~r1hed tn the within instrument and acknuwledged tu ilK' that
jJ0shc/t)J.eY executed the sal11c ill )>i<;/her/)Jxir authorlzcd eapacity(.llK), alld that hI' ).ri'S/her/jJlerr
sigllalllrcl;1 Oil the instrul11ent the peISI)l1j-1<'l, 01 the entity upon hehalr or which the perso~
acted, executed the instrument.
~--------~i
ADElINA ENRIQUEZ
~.,.- Commission # 1548691
~ . _,,; _ Notary Public, California ~
"':<11 A[lnl'l: '. San Diego Coun.tv
. ;MyComm. Expires Jon 29, 2009
:-'Tt\TE OF lALll'ORNIA )
)
CUl'INT'y UI' )
On 2011 belixe l11e
- -
pClsunall) appearcd
persunally known to me (llr r1rlwcd III 1l1L Oil the hasi's or sallsbctory eVidence) to he the
I'Cl"SOl1(s) whose l1al1le(~) Is/an.: suhscribed to ihe WIthin instrument and acknuwledged to me that
he/she/they cxecuted thc sal11e ill his/her/their authorized capaeityllcs), alld that hv his/her/their
Si!;llalUrds) on the Instrument the person(~). or lhe entit\, upon behalr or which the per~ol1(s)
aCled. executed the instrument.
WITNE:-'S nw hand and oJ'licial seal
Si="~llllll,; <l1"N,llal" !'llhlil' f'hli."l,; N<lt~ln' ')o.:~11 "hUH"
, . .
11072
SUBORDINA nON AGREEMENT
The' undersigned ("Beneficiaries"), hold a benefici.~l .interest in that certain Regulatory
Agreement between Poway Redevelopment Agency, a public body, corporate and politic and
Community Road Housing Associates, L.P a California limited partnership, dated February 14,
2006 ("Regulatory Agreement"), recorded in the Office6f the County Recorder of San Diego
County on February 17, 2007 as File No. 2006-01 I 6909:(of Officiill Records, which Regulatory
Agreement lTIay encumber .all' or a portion of the real property described in the foregoing
Declaration of Covenants, and Grant of Access Easement ("Agreement"), Beneficiary now
subordinates the Regulatory 'Agreement and its beneficial interest thereunder to the Agreement.
Dated: lr -~1--; "ZOO"'} COMMUNITY ROAD HOUSING
ASSOCIATES, L.P', a California limited
partnership
By' Community'Housing Works, a California
non-profit corporation, General Partner
By'
Name:, Susan M, Reynolds,
President and CEO
POW AY REDEVELOPMENT AGENCY,
a p~orate and pOliti~
By ..... .~ ...::::
Rod'Gould, Executive Director
. .
11073
.CAlIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
",- =
,
I' ,I
"
, ,
County of .,
I' ,1
: On /rhl? ~D01 :
Date
, ,
, personally appeared '
I, Name(s}of Signer(s) 'I
~erSOnallY known to me '
J - - - - - SHE~cOwNS - -I 0 proved to me on the basis of satisfactory
. Commission # 1446353 eVidence
,. i -,,; Notary Public - CoDlomla ~
, " SanD~County to be the persorws1 whose name~@afe
'i MvComm.Explies0cl21.2007~ ' subscribed to the witJJin..-,instru~ent and
-- - - - - - - - - - - - ,; acknowledged to me tha~heitt"eY executed
, the same in ~~~ )ll-I.thorized ,
, capacity(~ and that by @~t]:leit,
, signature(~ri the instrument the person~ or .1
the entity upon behalf of which the persopfs)
, acted, executed the instrument. I
" ,
, .1
I' ,I
I I
I Place Nolary 8eal Above
I' ,j
I
OPT/ONAL,
Though the information below is not required by law, it may prove valuable to persons relying on the document ,I
and could prevent fraudulent removal and reattachment of this form to another document.
,
, DescriPtionofAttached~f~ci' ~ ~ -t
, Title or Type of Document:' ..l (I. Q 1Y\Q1\:
Document Date: 4123/ 0+ Number of Pages: \
Signer(s) Other Than Named Above: ~ ~()Dt 01 ~
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual TOp:, thurrb here
o Corporate Officer - Title(SI: I
o Partner -.0 Limited 0 General,
o Attorney in Fact
o Trustee
I, 0 Guardian or Conservator
,
o Other'
Signer Is Representing:
I'
'"
@ 1997 National Nolarv Association 9350 De Soto Ave., P.O Box 2402 Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-8827
. .
11074
SUBORDINATION AGREEMENT
The under~igIl~d ("Beneficiary") holds a beneficial interest in that certain Deed of Trust,
Assignment of, Rents, Security Agreement and Fixture Filing (Construction and Permanent Trust
Deed)("Deed,ofTrust"):rec6rded in the Office of the County Recorder of San Diego County on
February 17, 2006 as File No, 2006-0116910 of Official Records, which Deed of Trust may
encuinber all or a portion of the real property described in the foregoing Declaration of
Covenants and Grant of Access Easement ("Agreement"), Beneficiary now subordinates the
Deed of Trust and its beneficial interest thereunder to the Agreement.
Dated; 5 - ~ -0 '7
By-
Name' CdWltdD ~,
Title: ,VIce p..-.c
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On 200 before me, personally
- appeared, personally known to me (or proved to me on the b,!sis 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 authoriied capacity(ies),and that by
hislher/their signature(s) on the instrument the person(s), or the entity on behalf of which the
person(s) acted, executed the instrument.
W1TNESS my hand and official seal.
Signature (Seal)
13
." . .
11075
Certificate;Of Acknowledgment
State of California )
CountY of San Diego )
On Mav 3,'2007 before me, Robin L Melanson ,il Notary Public for the State of
California, personally appearecj Ed Quinlivan ,personallyknownto me to be the person whose
name is subscribed to thinvithin instrument and acknowledged to me that he executed the same
in his a~thorized capacity. and:thatby 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 ,seal. (Seal)
() ~ 1"-7-::!~-
Signature ~bw.-.. .(Y1Q(L-\C-:~""-.-' Ca~~"'.,t64t,2~,' 'f
~ Nolary JI\AlIIc . CaIIIcmIo
j SanDk9>' COuitV I
._ _....... ~~~_~25.:20~O
. .
11076
SUBORDINATION AGREEMENT
The undersigned ("Beneficiary") holds a beneficial interest in that certain Deed of Trust ("Deed
of Trust") recorded in the Office of the County Recorder of San Diego County on February 17,
2006 as.File No, 2006"0116911 of Official Records, which Deed of Trust may encumber all or a
portion of the real property described in the foregoing Declaration of Covenants and Grant of
Access Easement ("Agreement"), Beneficiary now subordinates the Deed of Trust and its
beneficial interest thereunder to the Agreement.
Dated: 't - JO- ;;2oc/1 COUNTY OF SAN DIEGO DEPARTMENT OF
HOUSING AND COMMUNITY
DEVELOPMENT
By' O~ ~~~ (j~~
Catherine Trout Lichterman, Director
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On '/-&'0- 2007 before me, j}"Yln;e.-.,j, (t),acl personally
appeared, personally known to me( or 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 on behalf of which the
person\s) acted, executed the instrument.
WITNESS my hand and ofticial seal. i ~ - - - -.
~ @",80NNIEJ,PElRACH
, ' , -' Commission # 1491149
Signature ,i ':fl~ (Seal) ~ -,,; NotoryPublic-Collfornla ~
j' San DIego cou, n~ f
MyComm, Expirea May 29 2008
- - - - - - - - - - ~ -
15
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 11 077
State of Califor,n,i,a
COlJ.nty of San Diego
rp;,fto ",() 7 before me, Bonnie J. Petrach, Notary Public, personally appeared _
of:; en#'<'/ %d LJcl-lerJ11C/' /I
Ilia,personally known to me -OR - 0 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 belshe/they executed
the same in his/her/their authorized capacity(ies)
_ _ _ _ .. .. _ _ _ _ and that by his/her/tl1eir signature(s) on the
~~.... .80NNIE J, PETRACH~ instrument the person(s), or the entity upon
:.. Commission # 1491149 '
~ ..0 Notary Publlc, . ca,llfomlo ~ behalf of which the person(s) acted, executed
j , ,Sa, n, Diego Cou,nty ~ the mstrument.
MyComm, ExI*ea May 29, 2
------------
WITNESS my hand and official seal
~~J" ~(j_ y:J:haA"L
I -------------------------------------------OI'lLIOJ\fAlo --------------------------------------------------------
CAPACITY CLAIMED BY SIGNER DESCRIPlLIONOF ATTACHED DOCUMENT
o INDIVIDUAl-
CORPORAlLE OFFICER
- -
lLYI'E OF DOCUMENlL
o PARlLNER(S) 0 LIMITED
o GENER'Ai- 'NUMBER OFPAGES
o AlLlLORNEYcIN-FACT
o lLRUSlLEE(S)
o GUARDIAJ\f/CONSERV AllOR
I
" 0 OlLHER,
DA lLE OF DOCUMEJ\flL
/' Signer is representing:
_ Housing Auihority of the County of San Diego
I S IGNER(S) OTHER lLHAN NAMED ABOVE
L.. -_" ~,.,..-__~,-,-~
. .
,
11078
SUBORDINATION AGREEMENT,
The u'ndersigned '("BenefiCiary") holds a benefic,ial interest in that certain Leasehold
COl1struction,l)eed ofTrust,with,Absolute Assignment ,of Leases and Rents, Security Agreement
arid, Fixtufe':Filing ,(';Deed, of Trust") recorded in the Office, of the County Recorder of San
Diego County on February 17,2006 as File No..2006~OI 16914 ,of Official Records, which Deed
:of Trust ,may encllmber 'all ora portion of the real property described in the foregoing
Declaration of Covenants 'and G~ant of Access Easement ("Agreement"), Beneficiary now
subordinates t.heBeed ofTrllst and' its, beneficial interest thereunder to the Agreement.
Dated: t\(~Io'1- POWAY REDEVELOPMENT AGENCY, a
public body, corporate and politic
BY"~~
Rod Gould, Executive Director
ACKNOWLEDGMENT
State of Californ ia )
)
County of San Diego )
On 209_ ,before me, personally
appeared, personally known to me (or 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 ,~ntity on behalf of which the
person(s) acted, executed the instrument.
WITNESS my handand.official seal.
Signature (Seal)
14
. .
11079
C~LlFOR...IAALL.PURPOSE ACKNOWLEDGMENT
or, ~.c<'..c<'~vC<"'~...c<>~.(X>..G<'..c<'.c<;; :'r.'
,
State of California , } ss,
County of ~
on~,before t.c
Date
personally appeared
Name(slof,Signer(s) ,
<1'personally known to me ,
r---::~~-r D proved to me on the basis of satisfactory
i@ NolarYPutlGc;~ .~ evidence
~ . San DI8lio ~ f to be the person(;i("whose name~~
_ _' _ ~~~~~~~~2_~~ ); subscribed to the within instrument and
acknowledged to me that ~):ldt~ executed
the same in ~~ authorized
capacity(~ and that by t@1~1'11lli
signatur~ the instrument the person~or
the entity upon behalf of which the persol'f(s)
acted, executed the instrument.
~
,
,
Place NotaiYSealAtlcve ,
, ,
, ,
, OPTIONAL
, Though the information below IS not required by taw, it may prove valuable topersons relying on the document
, and could prevent fraudulent removal and reattachment of this formto"another document.
I " ,
, Description of Attach~.dffi m ~ A "
"
Title or Type of Document: . , to.m \..-- ,^Q~
" Document Date: 4!23/c.c:t)-=r Number of Pages: f
,
I
,
Signer(s) Other Than Named Above:
" Capacity(ies) Claimed by Signer
, Sjgner's Name:
, o Individual .
, Top of Ulllmbhere
o Corporate Officer - Title(s):
o Partner -,0 Limited 0 General
o Attorney in Fact
, o Trustee
,. D Guardian or Conservator
, o Other'
"
, Signer Is Representing:
,
I!$ - - -- -- -- - - - - - -_.-, - -- - . ,",
- -- - - - - - - - - - - - - - - -- -
@ 1997 National Notary Association 9350.0e SotoAve P.O. Box 2402 Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
. .
11080
SUBORDINATION AGREEMENT
The undersigned ("Beneficiary") holds a beneficial interest in that certain Financing Statement
("FinanCing Statement") recorded in the Office of the County Recorder of San Diego County
on February 17,2006 as File No, 2006-0116917 of Official Records, which Financing Statement
may encumber all or a portion of the real property described in the foregoing Declaration of
Covenants and Grant of Access Easement ("Agreement"), Beneficiary now subordinates the
Financing Statement and its beneficial interest thereunder to the Agreement.
Dated, 4- - ~ (') - d 00 '1 COUNTY OF SAN DIEGO DEPARTMENT
OF HOUSING AND COMMUNITY
DEVELOPMENT
By ~~~61ct- [tittLe>
Catherine Trout Lichterman, Director
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On 4-c2.0 - 200.'1 before me, (7q/.tr/~~--z;;"Jirc.ltm..l'.ersonally
appeared, personally known to me (or 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 on behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~---- -----
~ BONNIE J, PETRACH
, " . _ '''' Commission # 1491149 J
Signature ~~ (), '4hh-<! L (Seal) i -e: NolaryPubllc.Colllomla f
{1 j. San Diego County i
My Comm, Expies May 29, 2008
- - - - - - - - - - - ~
16
.
CALIFORNIA ALL"PURPOSE ACKNOWLED.GMENT 11081
'State' of California
County of San Diego
On lI-c:JO -0 7 before me, Bonnie J. Petrach, Notary Public, personally appeared _
(!,.,/l,,.,,,,'n,,,,!;;u-f llc1-1t'rm?lr1
sa personally known to me -OR - 0 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 !TIe that he/she/they executed
l~" ..."._ the same in hislher/their authorized capacity(ies)
and that by hislher/their signature( s) on the
~. Commlu#>n# 1491149 instrument the person(s),or the entity upon
... , Notary PubIJc: . Calltomla j behalf of which the person( s) acted, executed
j - - - ~~~--~~.~ the instrument.
-
WITNESS my hand and official seal
I ~;-~L
-------------------------------------------Ol'llIONAL ------------------------------------------------~-------
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDNIDUAL
CORPORA llE OFFICER
- -
llYl'E OF DOCUMENll
0 l'ARTNER(S) 0 LIMITED
o GENERAL NUMBER OF PAGES
0 All1l0RNEY-IN-F ACll
0 llRUSllEE(S)
0 GUARDIAN/CONSER V A TOR I
0 01lHER.
DATE OF DOCUMENll
Signer is representing:
Housing Authority ofthe County of San Diego
S IGNER(SlOTHER llHAN NAMED ABOVE
I
: I
I
'L .JII
~~,
-"-- ,~
. .
,
11082
SUBORDINATION AGREEMENT
The undersigned ("Beneficiaries") hold a beneficial interest in that certain County of San Diego
Department.of Housing and Community Development Regulatory Agreement dated February 14,
2006 executed by the County of San Diego, Department of Housing and Community
Development and Community Road Housing Associates, L.P ("Regulatory Agreement")
recorded in the Office of the County Recorder of San Diego County on February 17,2006 as File
No, 2006-0116912 of Official Records, which Regulatory Agreement may encumber all or a
portion of the real property described in the foregoing Declaration of Covenants and Grant of
Access Easement ("Agreement"), Beneficiary now subordinates the Regulatory Agreement and
its beneficial interest thereunder to the Agreement.
Dated: 4 -JO-;W01- COUNTY OF SAN DIEGO DEPARTMENT OF
HOUSING AND COMMUNITY
DEVEL~PMENT ~.
By ~ :q:{~ (,l[;Ut".)
Catherine Trout Lichterman, Director
COMMUNITY ROAD HOUSING ASSOCIATES,
L.P" a California limited partnership
By' Community Housing Works, a
California non-profit corporation,
General Partner
By'
Susan M, Reynolds,
President and CEO
17
- -
.
CALIFORNIA ALL-PURPOSE ACKNOWLltDGMENT 11 0 8 3
State,6f,Citiiforllia
County of San Diego
Oil t/-<:2CJ -0 7 before me, Bonnie J, Petrach, Notary Public, personally appeared _
(!"'#.'er"ino '/rowf L-/('j, +evYNay/
~person3.Ily known to me -OR" 0 proved to me on the basis of satisfactory
evidence to be the person (s)whose name(s) is/are
subscribed to the within iiJstniment and
acknowledged to me that he/she/they executed
the same in hislherltheir authorized capacity(ies)
and that by hislher/their.signature(s) on the
instrument the person(~),or the entity upon
~. - - - - - - - - .- - J behalf of which ihe person(s) acted, executed
@ BONNIE J, PETRACH h '
_ -:- Commission # 1491149. t e mstrument.
i,. Nolc:lry PuI:IIIc . California ~
j "'c..~ ~ Counly. ~ WITNESS my hand and official seal
n.. . ElrpIresMay29. 2
- - - - - - - - - - -
~~u_~~h
(/
-------------------------------------------OI'TIOl\fAI- --------------------------------------------------------
CAPACITY CLAIMED BYSIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAl-
CORPORATE OFFICER
- -
TYPE OF DOCUMEl\fT
o I'ARTN'ER(S) 0 LIMITED
o GENERAL NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV ATOR
o OTHER.
DATE OF DOCUMEl\fT
Signer is representmg'
Housing Authority of the County of San Diego
S IGl\fER(S) OTHER THAl\f NAMED ABOVE
II .....11
~ -.
. .
11084
SUBORDIN ,\TION M.REEMENT
Thc undersigned ( Bendieiaries ) hold a hellclieialllllcl'Cst in that certain COUllt)' or' ">an Iliego
Depar~Ill~1lt' of HOllsing and COllllllllllitv Devcltlpinclll RegUlatory L\grcclllent dated Fehru:.ln' 14
2()1J6 executed h\ the County ,)1' San 1J1CgO Dcpartment or' Ilousing and COllllllunl!\,
Development and Community R.()ad HOLlslng ~\ssuciatcs"L P ( 'Regulatory t\grcement"')
recOl'ded ill the Ollice (,I' tilL C"unt)' Recordcr "I' \all Dlcgo COUIll)" on February 17, 2()()!) as Filc
N" 21J()6-0116912 of UITicl~d Records. which Regulatory Agreement Illay encllmber all or a
portIon of lhe real property dcscrd1cd in thL flllTgning Dec]~lration of CuvC'llants and (.rant or
Access Easement ( AgreenH.:nf:). I:kncficiarv 1111\\' "uhordinates thL Regulator)' Agreernent and
its bcneJIL'j;lllllterest thereunder to the Agrecment.
Dated iltr / / c? ~ ~fJ 1- COUNn OF SAN DIECO ()I~P-\RTMENT OF
HOW';fN(, AND COMMUNITY
DFVELOPMENT
S\'"
Catherinc Tn'ut 1",ehtc\'Illan Uirector
COMMUNITY ROAIj HOUSING ASSOCIATES,
L.P a CalillJl'nia limited partnersh'l)
By COllltllunity IIullS1I1g \Vorks. a
Calirornla non-prutit corpor'
Gene ., )artner
13\"
1 Reynolds,
PrcSldent and CEO
17
. .
11085
AC KNOWLED( ,1':1\-11':1'11'
\T,\TL (II ( i\LIIUIZNI ,\ )
(OIINI') (11S'aYl ~IC~".p
V Ii /;/;~
011 ~PII /~..i- 21111l: hcl'llrc 111C
I'CI'S<}\'"]''' "I'I'c",nl '-s-U:5t'/n 11 {r'e
Ill'rSt)Il;1l1y k 1111 \\'11 tu Jll~ {llr p~d t\1 ilK ~)Il lhe hasls or satisl~lCLll["} e\' idcllCC) III he the
pCrSt\lly<) ,','Il()Sl' naIlll'yn lS~l' ;:;ubscrlhcd \ll lhe within instrument and acknu\,,'lt..:dgcd tlJ ilK that
)Xt/:-,hl',~ L'\.cCLJLcd the sam\:.' in p-rs/hcr/yxcir autlhlrlzed capacity>)-cs\ and that by)l1S/hl'r/.t..Hcli"
slgnatur':,0 (111 the instrulllent the ]1lT5\.\ 1 1)...81. tlr the LilLi!)' upon beh~dr or whilh the pLrsOl~
:lclcd. C.\CllllL:d till' Illstrulllelll.
ADEUNA ENRIQUEZ
~ Commission # 1548691
~ -,,; .. Notary Public. Call1o,nla ~
z' " . San Diego County
MyComm, Expl,es Jan 29, 2009
\Tf\TL III ( \LlHII\NI'\ I
)
( IJIINT\ (II: )
{)ll 21111 bdllll' IlK'.
-~
pLTsPllally <.IPpL:arcd
11lT>';llllalh kl1\\\\'11 ttl IllL' (or pruved ll) Ille l)ll tilt basis of sallSr<.lctory e\,idl'IlCL"! to he till
pl..'r~()ll(,'-;) \\'!w,'-;e IWllH:(S} is/are subscribed t\\ the within Instrulllent and ackllllwledged tl) ilK thal
I1L/sllL,'tl1l'\' l''\ecLlled lhe sa111e in his/her/thclr ~lllthurized c<lpacity( ics). and that b) llislllL'r/tl1l'ir
:--lgllatul'L'( ~ I lln the 11lstrulllcnt the pClsoll(sl. ()I' the enlit) ujx)n bcllHll" or which tllc pl..'rS~)ll(S)
aClcd. c\cl..llled lllc insll"lllllcnL.
\\ ITNI \\ 1m h,,"d '\lld "l'Iicial seal
"I ~ll; 111I1l' Ill' 1\'11 ~II" ] '1Ihll~ ])I,I~C: r'-,'.'LII' "l',1! .\1,< ,\'..'
. .
.
11086
EXHIBIT A
GRANTOR'S PROPERTY
LEGAL..pESCRIPTlON
Real property In the City of Poway, County of San Diego, Slale of California. described es follows:
PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED JULY 6. 2005 AS FILE NO 2005-0566608 OF
OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS:
ALL OF THE LAND CONVEYED TO KENNETH A. LUDDEN PER BOOK 2362, PAGE 54 OF OFFICIAL
RECORDS, RECORDED FEBRUARY 28.1947, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER
WITH ALL OF THE LAND CONVEYED TO KENNETH A. LUDDEN ET ALL PER DOCUMENT NO, 102837, OF
OFFICIAL RECORDS, RECORDED JUNE 15. 1961, SAID COUNTY, SAID STATE; TOGETHER WITH ALL OF
THE LAND CONVEYED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT NO, 86033, OF OFFICIAL
RECORDS, RECORDED MAY 18,1961, SAID COUNTY, SAID STATE, TOGETHER WITH A PORTION OF LAND
CONVEYED TO JEFFRIES ET AL PER DOCUMENT NO, 1991.0468067, ALL OF OFFICIAL RECORDS,
RECORDED SEPTEMBER 12. 1991, SAID COUNTY, SAID STATE. ALSO BEING A PORTION OF THE
NORTHEP,ST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13.
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER NORTH OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER 69'00'02" WEST. 34490 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08"18'07"
WEST 144.77 FEET, THENCE SOUTH,26'03'03" WEST 82.70 FEET, THENCE SOUTH 25'35'34" WEST 167,66
FEET TO A POINT ON THE WESTERN PROLONGATION OF THE NORTH LINE OF LAND CONVEYED TO
ERNEST H, PEACOCK ET AL, BY DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF
OFFICIAL RECORDS, COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE
NORTH LINE OF SAID PEACOCK'S LAND. SOUTH 89'00'02" EAST 2,86 FEET TO THE NORTHWEST CORNER
OF SAID PEACOCK LAND; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK LAND NORTH
B8'00'02" WEST, 408,44 FEET TO THE WESTERLY RIGHT OF WAY COMMUNITY ROAD; THENCE
NORTHERLY ALONG SAID RIGHT OF WAY NORTH 01'53'32" EAST 106,97 FEET. THENCE SOUTH 89'00'02"
EAST 1 ,00 FEET, THENCE NORTH 1'53'32" EAST 60,01 FEET, THENCE NORTH 89'00'02" EAST 1,00 FEET TO
THE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY NORTH 1'53'32" EAST 46.43 FEET, THENCE NORTH 89'00'21" WEST 112,09 FEET, THENCE NORTH
01'53'31" EAST 104,51 FEET, THENCE SOUTH 88'06'29" EAST 6.45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 37,50 FEET, THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 39'51'23" AN ARC DISTANCE OF 26,09 FEET. THENCE
NORTH 52'02'06 EAST, 23,26 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HILLEARY PLACE
AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND INCIDENTS FOR A PUBLIC STREET, DOCUMENT
1992-0093381. OFFICIAL RECORDS RECORDED FEBRUARY 21,1992, SAIO POINT IS ALSO THE BEGINNING
OF A NONTANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75,00 FEET AND A
RADIAL TO SAID POINT BEARS SOUTH 37'34'04" WEST; THENCE NORTHWESTERLY, SOUTHWESTERLY
AND NORTHERLY ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE COURSES:
THROUGH A CENTRAL ANGLE OF 28'12'08" AN ARC DISTANCE OF 36,9:! FEET TO A POINT ON THE NORTH
LINE OF SAID SOUTHEAST QUARTER. SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF .74.00 FEET AND RADIAL TO SAID POINT BEARS
NORTH 20'57'53" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 25'37'29" AN ARC DISTANCE OF 33,10 FEET, THENCE NORTH 01'53'31" EAST 20,68 FEET TO A POINT
ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF
SAID SOUTHEAST QUARTER NORTH 89'00 02" WEST 179,88 FEET TO THE TRUE POINT OF BEGINNING,
EXHIBIT "A"
. .
.
.
11087
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
Page 1 DESCRIPTION
Order No. 53031302
PARCEL 'D' OF CBRTIFICATE OF COMPLIANCE RECORDED JULY 6, 2005 AS FILE NO.
2005-0566608 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS:
THAT PORTION OF LAND CO~~YED TO JEFFRIES, ET AL DOCUMENT NO. 1991-0468067, OF
OFFICIAL RECORDS, RECORDED SEPTEMBER 12, 1991, CDUNTY OF SAN DIEGO, STATE OF
CALIFORNIA; ALSO BEING A PORTION OF THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, III TUE CDUNTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ~lORE PARTICULARLY DESCRIBED AS FOLLOWS I
BEGINNING AT THE NORTHE.''sT CORNER OF THE SOUTHEAST QUARTER OF THE NORTllliEST
QUARTER OF SAID SECTION; THENCE WE?TERLY ALONG THE' NORTH LINE OF SAID SOtlTllEAST
QUARTER NORTH 59000'02" WEST 344.90 FEET, THENCE SOUTH 08015'07" WEST 144,77
,
FEET; THENCE SOUTH 26003'03" WEST 82.70 FEET; THENCE SDUTH 25035'34" WEST 167,66
, ,
FEET TO A POINT ON THE WESTERN PROLONGATION OF THE,NORTH LINE OF IJ\NI) CON1TBYED
, .
TO ERNEST 11, PEACOCK ET AL, BY DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974,
PAGE 78 OF OFFICIAL RECORDS, COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG THE
PROLONGATION OF THE NORTH LINE OF SAID PEACOCK'S LAND FEET SOUTH 89000' 02' EAST
2,86 FEET TO THE NORTHWESTCOR1'lER OF SAID PEACOCK IJ\NI); 'l'HENCE EASTERLY ALONG
THE NORTH LINE OF ,SAID FEACOCI<: 'LAND, NORTH 66000'02" WEST 408.44 FEET TO 'rim
WESTERLY RIGHT OF WAY OF ,COMMUNITY ROAD, THENCE NORTHERLY ALONG SAID IUGlI'r OF
WAY NORTH 01053'32" EAST 106.97 FE~T, THENCE SOUTH S9000'02" EAST 1.00 FEET,
THENCE NORTH 1"53'32' EAST 60.01 FEET; THENCE NORTH 89'00'02" EAST 1.00 FEET TO
THE WESTERLY RIGHT OF WAY OF COMMUNI'l'Y ROAD I THENCE NDRTHERLY ALONG SAID RIGHT
OF WAY NORTH 1"53' 32" EAST 46.43 FEET TO 'l1IE TRUE POINT OF BEGINNING, TllllNCE
NORTH 69"00'21" WEST 112.09 FEET; WENtE NORTH 01'53'31" EAST 104 51 FEET, THENCE
SOUTH 66006'29" EAST 6,45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 37.50 FEET, THENCE ALONQ SAID CURVE T!l:ROUGH A
CENTRAL ANGLE OF 39051'23" AN ARC DISTANCE OF 25 09 FEET, THENCE NORTH 52'02'06"
EAST 23 26 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HILLEARY PLACE, AS
DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND INCIDENTS FOR A PUBLIC STREET
DOcm~NT 1992-0093362, OFFICIAL RECORDS" RECORDED FEBRUARY 21, 1992, SAID POINT
IS ALSO THE THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO 'XHE NORTF.EAST, HAVING
A RADIUS OF 75.00 FEET A RADIAL TO SAID POINI' BEARS ,S 37034'04" ~IEST, THENCE
SOUTHEASTERLY ALONG THE SOUTIlE.'U,Y RIGHT OF WAY THE FOLLOWING -r-fiO COURSES, THENCE
SOUTHEASTERLY THROUGH A CllNTRAL ANGLE OF 35'35'48", AN ARC DISTANCE OF 46.60
FEET; THENCE SOUTH 46001'05" EAST 27,09 FIlET I THENCE SOUTH ALONG THE WESTERLY
RIGHT OF WAY OF COMMUNITY ROAD SOUTH 01053'32' WEST 94.14 FEET TO TIm TRUE POI~~
01' BEGINNING.
AP~h 317-101-54
EXHIBIT "B"
. .
,
11088
EXHIBIT C
EASEMENT AREA
EXHIBIT"A
LEGAL DESCRIPTIO]\,
THAT PORTION PARCEL COF CERTIFICATE OF COMPLIANCE RECORDED
J UL I' 6, 2(~)5 AS FILE NO 2005-0566608 or OFFICI.~L RECORDS, COU:-ITYOF
SAN DIEGO, STATEOr CALIFORNIA AS SHOWN ON EXHIBIT 'B' ArT'ACHED
HERETO A.ND MADE A PART HEREOF, MORE PARTICULARL Y DESCRIBED
AS' FOLLOWS:
BEGINN~'1G AT THE SOUTHWESTERLY CORNER OF PARCEL D OF SAlD
CERTIFICATE OF COMPLIANCE; THENCE NORTHERLY ALONG THE
WESTER LV LINE OF SAlDPARCELDNORTH 01'53'31" EAST, 1U4.51 FEETTO
THE NORTHWEST CORNER or SAID PARCEL DALSO THE TRUE POINT OF
rlEGINNING; Ti,ENCE I-iORTHERL Y A.LONG A PROLONGATION OF SAID
WESTERLY LINE NORTH 01'53'31" EAST, 2650 FEET 'riiENCE SOtITlI
88"06'29" EAST; 1.74 FEET TO THE ilEOINN1NG OF A HNGENT24,00 FOOT
RADIUS CURVE.:C()~CA VENORTHWESTERL Y; THENCE NORTHEASTERLY
ALONG THE AReol' SAID CURVE nlROUGH A CENTRAL ANGLE OF
39'5 \'2r, AN ~RCDlSTA:NCE OF 16,70 FEET; 'rt'If,,'ICE NORTH 52"02'OR" EAST
16.57 FEET TO A POINTON THE SOUTI-TERLY RIGHT OF WAY lINE OF
HILLEARY PLACE AS:DEDICATED FEBRUARY 21. 1992 PERD6cUMENT NO
1992-()()93381 OF O,R.AND ALSO BEING THE BEGTNNINGOFA NON TANGENT
75,00 FOOT RADTLlSCllRVE CONCA VE NORTIlEASTERLYAND A RADIAL TO
SAID POINT BEARS SOUTH 57'58'35" WEST, nTENCE SOUTHEASTERLY
ALONG THE ARC OF S,\lD CURVE THROUGH ACEr'l'r'RAL ANGLE OF
20"24'30" r\2'-l ARC DISTANCE OF 26. 71 FEET TO THE MOST NORTHBRL Y
CORNEl, OF SAiD PARCEl. 0, THENCE ALONG THE NORTHERLY LiNE OF
SAID PARCEl, D SOUTIl52?02'OS" WEST. 23,26 FEET TO l'I1E BEGIi'iN1NG OF A
TANGENT 37 'lO FOOT RADIUS CURVE CONCA VENORTcj\l.'t~s'i-ERL y
THENCE SOUTHWESTERLY ALONG THE ARC OF SAm CURVE THROUGH A
CENTRAL ANGLE OF 39"51'23", AN ARC DISTANCE 01',26,09 FEET llfENCE
NORTH 88"U6'29" WEST 6,45 FEET TO THE POINT OFBEGINNlNG,
AREA: I 194 SQ,F[' 0,03 ACRES MORE OR LESS
Prcp:'lrcdby: DK NASLAND PI,_"i 1562 104-2::!~ 1
My License.- ft.:I1C\\'S 09-30-2007 ~t2g;2006. 2:26 PM
EXHIBIT "C"
. - ~
.
. ". .
. .
11089
;J"250~'29~ NE CORNER OF THE SE 1/4 OF 1 EXHIBIT B
R"'4.00, THE NW 1/4 OF SEcnOIl 13
L"J3,IO , .
N89'OO'02"W <59,51' ,-JI?Q"J.7J}JY l.RL
179 '>l" _ --.
~ N57058'J5"[ 'R' /S- 02' ~ -
1I01053'.31'E2058' ." ____.iCL ,
Y52'1.51.2JY ffiL - ~S1C{ ~ {.~S! ' . HILLEARY
_NQ9'1.0:Qs:f.&L ~ C,((/~J~i~', \N2J~8.l6.f. (ilL PLACE
H0705J'31"E 2550' - '/, ! / ~;:;, -...; '"' I
lA, (, .'-01{I' 0
~J..>:8 6'0' .?...). 0.....
TPOB / I 7<i?ftO<c 0",,'0'.;,
NORTHWEST CORNER i;; >l< 1?~:J9of;;'r!.}! 1
PAR.CEL 0 ... ot9otis'_ ("'<,;> so' ",J" <'6" f I
~ .1.9" 0'0.9' ~
"'" '<>
t .~s. ~~ I
.''1 pl\rJ('t::1 D -;;:F
"1 rrJv......___ 1..uQ)
r.. CERTiFiCATE OF ~ 51'- 51' <:\)
~ COMPLiANCE'" 102' -
POB 2006-0666608 OR. ~ <:\j
, SWlHW[ST CORNER ~ '- ~ 9
o PARCEL D 11890(}()'21'W 112,09' ( ;]1 'r
Ii) " !->.
,II 'ixJ ..,::;;:
- ~ ""Q
, I'" ;'::I":::l CD
~ PARCEL C \\ B~ ~~ c)
i;l CERTIFICA TE OF N89000'02'W}\ '" ~I ~ ~ CC
COMPLIANCE /,00 '- ~ 0
WI 2005-0566608 OR g~ I 0
N89000'02'W "101'
/,00'\1--50 -'--51'_
(I I
UN[ TABLE ~ _ __ _
NO, BEARING. LENGTH ~ I
L1 1152002'08- IS,57 "'I
L2 N880(}S'29'>> 1.74 l"
ARC TABL[ ~ J
110 DELTA RADIUS LENGlH ~~'-:-1-51'_
el 39051'2J' 24,00 16.70 ~I 102 I
C2 07047'37 75.00 10.20
CJ 20024'30 75.00 26.71
\'" LKCEHO
J7..JZZlACCESS EASEMEIIT
i'iC1-1lif_1Ur
!\. NASI-AND ENGINEERING
~/ CMLENGL"tEEP.lNG SURVEYInG IMID Pl.ANNING
, 4UrHfu/fllcr Strl.tl!l s"n DlI'SO. Calife-mi~. nlll B58-292-7?70
EXHIBIT "C"