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Declaration of Covenants and Grant of Access Easement 2007-0416536 " ,7' '\ ., , \ . . ,I,. _ ~,. - . ':, - ;-, [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 - -.;.. .- . ------:.._-- 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 &1-CiJ;& ",. . . " "'. - 11058 -) -:-\, 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, . . 11059 ~ 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, . . ~ 11060 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. '. . . 0 11061 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 . . 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] " '-'- . . , 11 06:3 !,-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 " . . 11064 CALIFORNIA. ALL-PURPOSE ACKNOWLED~.MENlT ~ - ~l 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 " 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. " " , 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 . . 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' . . 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 . . 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. - - - ~ - - - - - ~ ADELlNA' ENRIQUEZ IYnNEss my h," ~d "ffici" ""I. 1 ~,-, com misSlo, n # 1, 548, 691 . ~..,,; . Notary Public ~ California ~ ~. . , ' - . Son Diego County , . . MyComm, ExplresJon29,2009 . . . 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 .- . . 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. -- - - 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'",' . . - 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"