Grant Deed 2008-0493244
I - - -- -- - ---
. ~ , 001 2008-0493244
Recording requested by .
CHICAGG TiTLE COMPANY 11111111111111111 11111111111/1111111111/111111 1111111111 1111111111111
~~ /g-OJ., ,I ~O~5
RECORDING REQUESTED BY ) SEP 17, 2008 1115 AM
lDP MAIL TAX STATEMENTS TO ) DFFIClp,L F!ECOR[I~,
';AN [IIECiiJ U=IIIIH'I REUJR[IER":o OFFICE
~If AND WHEN RECORDED MAIL TO' ) CiREGOF:'(.1 '-:MITH Cour.JT', BECOF:OER
) FEE, u.oo
oe. DC
Poway Redevelopment Agency ) PACES: 20
13325 Civic Center Drive )
Poway, Califomia 92064 3360 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
Attention: Executive Director )
?, 11../ ) /3-1 ?OO
This document is exempt from payment of a recording fee
pursuant to Govemment Code Section 27383
GRANT DEED &
DOCUMENTARY TRANSFER TAX $
For valuable consideration, receipt of which is hereby acknowledged,
The POWAY REDEVELOPMENT AGENCY, a public body, corporate and pohtic
(the "Agency"), acting to carry out the Redevelopment Plan ("Redevelopment Plan") for the
Paguay Redevelopment Project (the "Project"), under the Community Redevelopment Law of
Cahfomia, as of September 110,2008, hereby grants to POW A Y MEADOWS, L.P., a
Califomia limited partnership ("Developer"), the real property hereinafter refelTed to as the .-
"SIte," described in Exhibit A attached hereto and incorporated herein, subject to the existing -
easements, restrictions and covenants ofrecord described there.
1. Conveyance in Accordance With Redevelopment Plan, Disposition and
Development Agreement. The Site is conveyed in accordance with and subject to the
Redevelopment Plan for the Paguay Redevelopment Plan, and a Disposition and Development
Agreement entered into between Agency and Developer dated July 17,2007 (the "DDA"), a copy
of which is on file with the Agency at its offices as a public record and which is incorporated
herein by reference. The DDA requIres the Developer to construct approximately thirty-three
single family houses (the "Residential Units") on the Site, to sell twenty-eight of the Residential
Units to Moderate Income Households at an Affordable Housmg Cost, and five of the
Residential Units to Lower Income Households at an Affordable Housing Cost, and other
requirements as set forth therein. All terms used herem shall have the same meaning as those
used in the DDA.
2. Permitted Uses. The Developer covenants and agrees for itself, Its successors, its
assigns, and every successor in interest to the Site or any part thereof, that upon the date of this
Grant Deed and during construction through completion of development and thereafter, the
Developer shall devote the Site to the uses specified in the Redevelopment Plan and this Grant
Deed for the periods of time specified therein. All uses conducted on the Site, including, without
limitation, all activitIes undertaken by the Developer pursuant to the DDA, shall confoml to the
DDA, the Redevelopment Plan and all applicable provisions ofthe Poway Municipal Code. The
foregoing covenants shall run with the land.
1552\04\60]U771 OB-/2 Cj
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3361
3. Restrictions on Transfer. The Developer further agrees as follows:
a. For the period commencing upon the date of this Grant Deed and until the
issuance of the Certificate of Completion in accordance with Section 310 of the DDA, no
voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers
under the DDA or this Grant Deed, nor shall the Developer make any total or partial sale,
transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of
the Site or the Improvements thereon, without the prior written approval of the Agency or as
otherwise permitted pursuant to Section 603 of the DDA.
b. The Developer shall not place or suffer to be placed on the Site any lien or
encumbrance other than mortgages, deeds of trust, or any other form of conveyance required for
financing of the construction of the Improvements on the Site, and any other expenditures
necessary and appropriate to develop the Site pursuant to the DDA, except as provided in
Section 311 of the DDA, and except for utility easements and dedications necessary to improve
the Site and facihtate the sales of Residential Units thereon and a declaration of restrictIOns as
provided in the DDA. Ifrequired by a utihty company, govemmental agency or title insurer, the
Agency shall sign such written consents to encumbrancer which are permitted by this paragraph
as are reasonably necessary
All of the tem1s, covenants and conditions of this Grant Deed shall be bindmg
upon the Devcloper and the permitted successors and assigns of the Developer Whenever the
term "Developer" is used in this Grant Deed, such tenn shall include any other successors and
assigns as herein provided.
4. Nondiscrimination. Developer herem covenants by and for itself, its successors
and assigns, that there shall be no discrimination against or segregation of, any person or group
of persons on account of any basis listed in subdIvisIOn (a) or (d) of Section 12955 of the
Govemment Code, as those bases are defined in Sections 12926, 12926.1, subdivisIon (m) and
paragraph (I) of subdivision (p) of Section 12955, and Section 12955.2 of the Govemment Code,
in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming under or through him or her, establish or
permit any practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sub lessees, or vendees in the
premises herein conveyed. The foregoing covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to famlhal
status, the immediately preceding paragraph shall not be construed to apply to housing for older
persons, as defined in Section 12955.9 of the Govemment Code. With respect to familial status,
nothing in the lmmedlately preceding paragraph shall be construed to affect Sections 51.2, 51.3,
51 4, 5 I 10, 51 11, and 799.5 ofthe Civil Code, relatmg to housing for senior citizens.
Subdivision (d) of SectIOn 51 and Section 1360 of the Civil Code and subdivisions (n), (0), and
(p) of Section 12955 of the Govemment Code shall apply to the immediately preceding
paragraph.
All deeds, leases or contracts entered into by Developer relating to the Site shall
contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
1552\04\601077 I
. . 3362
a. In deeds: "The grantee herein covenants by and for hImself or herself, his
or her heirs, executors, admmistrators, and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of .
persons on account of any basis hsted in subdivision (a) or (d) of Section 12955 ofth~
Govemment Code, as those bases are defined in Sections 12926, 12926.1, subdivision \m) and
paragraph (I) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code,
in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premIses herein
conveyed, nor shall the grantee or any person claiming under or through him or her, establish or
permit any practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy oftenants, lessees, subtenants, sublessees, or vendees m the
premises herein conveyed. The foregoing covenants shall run with the land.
"Notwithstandmg the immediately precedlllg paragraph, with respect to
familial status, the immediately preceding paragraph shall not be construed to apply to housmg
for older persons, as defined in SectIOn 12955.9 of the Government Code. With respect to
familial status, nothing in the immediately preceding paragraph shall be construed to affect
Sections 51.2, 51.3, 514,51 10,51 11, and 799.5 of the Civil Code, relating to houslllg for
sel1lor citizens. Subdivision (d) of Section 5 I and Section 1360 of the Civil Code and
subdivisions (n), (0), and (p) of Section 12955 of the Government Code shall apply to the
immediately preceding paragraph."
b In leases: 'The lessee herein covenants by and for himself or herself, hIS
or her heirs, executors, administrators, and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person
or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of
the Government Code, as those bases arc defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the
premises herein leased nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practIces of discrimination or
segregation With reference to the selectIOn, location, number, use, or occupancy, of tenants,
lessees, sublcssees, subtenants, or vendees in the premises herein leased.
"Notwithstanding the immedIately preceding paragraph, with respect to
familial status, the immediately preceding paragraph shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Govemment Code. With respect to
familial status, nothing in the immediately preceding paragraph shall be construed to affect
Sections 51.2, 51.3, 514,51 10,51 11, and 799.5 of the Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (0), and (p) of Section 12955 of the Govemment Code shall apply to the
immediately preceding paragraph."
c. In contracts: "There shall be no discrimination against or segregation of,
any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section
12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (I) of subdIVIsion (p) of Section 12955, and Section 12955.2 of
1552\U4\60 1077 I
. . 3363
the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of the premises which are the subject of this Agreement, nor shall the grantee or any person
claiming under or through him or her, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The
foregoing covenants shall run with the land."
"Notwithstanding the immediately preceding paragraph, with respect to
familial status, the immediately preceding paragraph shall not be construed to apply to housing
for older persons, as defined in SectIOn 129559 of the Govemment Code. With respect to
familial status, nothing in the immediately preceding paragraph shall be construed to affect
SectIons 51.2, 51.3, 514,51 10,51 II, and 799.5 of the Civil Code, relating to housing for
semor citizens. Subdivision (d) of Section 51 and SectIOn 1360 of the Civil Code and
subdivisions (n), (0), and (p) of Section 12955 of the Govemment Code shall apply to the
immediately preceding paragraph."
The foregoing covenants in this Paragraph 4 shall, without regard to technical
e1assifieation and designation, be binding for the benefit and in favor of Agency, its successors
and assigns, any occupants ofthe Site, and any successor in interest to the Site. The covenants
against diSCrimination shall remain in effect in perpetuity In no event shall anything m this
Section 4 be construed as authority to lease ReSidential Units unless otherwise permitted herein.
5. Agency Right of Reentry. The Agency has the right, at its election, to reenter
and take possession of the Site, with all improvements thereon, and terminate and revest in the
Agency the estate conveyed to the Developer if after the Closing and before the issuance of the
Certificate ofComplction, the Developer (or its successors in interest) shall.
a. fail to start the construction of the Improvements as required by the DDA
for a period of nincty (90) days after written notice thereof from the Agency, subject to events of
force majeure pernlltted pursuant to Section 602 of the DDA, or
b. abandon or substantially suspend construction of the Improvements
reqlllred by the DDA for a period of ninety (90) days after written notice thereof from the
Agency, subject to events of force majeure permitted pursuant to Section 602 of the DDA, or
c. contrary to the provisions of Section 603 of the DDA transfer or suffer any
involuntary Transfer in violation of the DDA, and such Transfer has not been approved by the
Agency or rescinded within thirty (30) days of notice thereof from Agency to Developer
Such right to reenter, terminate and revest shall be subject to and be limited by and shall
not defeat, render invalid or limit:
(i) Any mortgage or deed oftrust permitted by the DDA, or
(ii) Any rights or interests proVided in the DDA for the protection of
the holders ofstlch mortgages or deeds of trust.
Notwithstandmg the above, however, the Agency shall have no right to retake possession
of ReSIdentIal Units, common areas, and portions of the Site sold to individual homebuycrs m
l552\04\60 I 077 1
. . 3364
the ordinary course of business, and such reentry shall be subject to the conditions, covenants
and restrictions, dedications and easements granted by or entered into by the Developer in
connection with the development of the Site. Upon the revesting in the Agency of title to the
Site as provided in this Section 5, the Agency shall, pursuant to its responsibilities under state
law, use its reasonable efforts to resell the Site as soon and in such manner as the Agency shall
find feasible and consistent with the objectives of such law and of the Redevelopment Plan, as it
eXIsts or may be amended, to a qualified and responsible party or parties (as detem1ined by the
Agency) who will assume the obligation of making or completing the Improvements, or such
improvements in their stead as shall be satisfactory to the Agency and in accordance with the
uses specified for such Site or part thereof in the Redevelopment Plan. Upon such resale of the
Site, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the
Site which is permitted by this Agreement, shall be applied.
(i) First, to reimburse the Agency, on its own behalf or on behalf of
the City, all costs and expenses mculTed by the Agency, excludmg City and Agency staff costs,
but specifically, including, without limitation, any expenditures by the Agency or the City in
connection with the recapture, management and resale of the SIte or part thereof (but less any
income derIved by the Agency from the Site or part thereof in connection with such
managcment); all taxes, assessments and water or sewer charges With respect to the Site or part
thereof which the Developer has not paid (or, in the event that Site is exempt from taxation or
assessment of such charges during the period of ownership thereof by the Agency, an amount, if
paid, equal to such taxes, assessments, or charges as would have been payable if the Site were
not so exempt); any payments made or necessary to be made to discharge any encumbrances or
liens existing on the Site or part thereof at the time or revesting of title thereto in the Agency, or
to discharge or prevent from attaching or being made any subsequent encumbrances or liens due
to obligations, defaults or acts of the Developer, its successors or transferees; any expenditures
made or obligations inculTed with respect to the making or completion of the improvements or
any part thereof on the Site, or part thereof; and any amounts otherwise owing thc Agency, and
in the event additional proceeds are thereafter available, then
(ii) Second, to reimburse the Developer, Its successor or transferee, up
to the amount equal to the sum of (a) the costs incurred for the acquisition and development of
the Site and for the improvements existing on the Site at the time of the reentry and possession,
less (b) any gains or income withdrawn or made by the Developer from the Site or the
improvemcnts thereon.
Any balance remaining after such reimbursements shall be retained by the
Agency as its property The rights established in this Section 5 are not intended to be exclusive
of any other right, power or remedy, but each and every such right, power, and remedy shall be
cumulative and concurrent and shall be in addition to any other right, power and remedy
authorized herein or now or hereafter existing at law or in equity These rights are to be
mterpreted in light of the fact that the Agency will have conveyed the Site to the Developer for
redevelopment purposes, particularly for development of affordable homes, and not for
speculation in undeveloped land.
6. Violations Do Not Impair Liens. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or
render invalid or m any way Impair the lien or charge of any mortgage or deed of trust or
1552\04\bO] u77. J
. .
3365
security interest permitted by the DDA, provided, however, that any subsequent owner of the
SIte (other than owners of individual Residential Umts and their mortgage/trust deed lenders,
who shall be bound only by the nondiscrimll1ation covenants set forth in Section 4 hereof) shall
be bound by such remaining covenants, conditions, restrictions, limitations and provisions,
whether such owner's title was acquired by foreclosure, deed m lieu of foreclosure, trustee's sale
or otherwise.
7. Covenants Run With Land. All covenants contained in this Grant Deed shall be
covenants running with the land. All of Developer's obligations hereunder except as provided
hereunder shall terminate and shall become null and void upon the expiration of the
Redevelopment Plan. Every covenant contained m this Grant Deed against discrimmation
contamed in paragraph 4 of this Grant Deed shall remain m effect in perpetuity
8. Covenants For Benefit of Agency. All covenants without regard to technical
classificatIOn or designation shall be binding for the benefit of the Agency, and such covenants
shall run in favor of the Agency for the entire penod during which such covenants shall be in
force and effect, without regard to whether the Agency is or remains an owner of any land or
interest therein to which such covenants relate. The Agency, in the event of any breach of any
such covenants, shall have the right to exercise all the rights and remedies and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
9. Release. On the initial sale of each Residential Unit to a member of the public,
Agency shall, within fifteen (15) days after receipt of a written request from the Developer,
execute, acknowledge and deliver to a neutral escrow agent (for recording on the close of the
sale of the Residential Unit) a Certificate of Completion, substantially in the form attached to the
DDA as Attachment No.6, which releases all of the terms of this Deed (except for the
nondiscnmll1atlOn provisions set forth in Section 4 hereof) with respect to such Residential Unit.
(Signatures on following pagel
1552\04\60 I 077 1
. .
3366
AGENCY:
PO WAY REDEVELOPMENT AGENCY, a
pubhc body, corporate and politic
BY' -z)~~ V
'101'\ ~l~,~
ATTEST: 1>~
~~~
.rrJWitn~ Agcncy Secretary
APPROVED AS TO FORM:
~~~ r {'VYl~ L-- /.- ?
Goldfarb Lipman LLP
Agency Special Counsel
DEVELOPER:
POW A Y MEADOWS, L.P., a California limited
partnership
BY' Loma Verde, Inc., a Califomia corporation,
its General Partner
BY'
Jason 8. Khoury, President
BY'
Dennis M. Ferdig, Executive Vice
President
J 552\04\601077,1
. .
.
3367
AGENCY:
POW A Y REDEVELOPMENT AGENCY, a
public body, corporate and politic
By'
ATTEST:
Agency Secretary
APPROVED AS~TO FORM:
Goldfarb & Lipman LLP
Agency Special Counsel
DEVELOPER:
POWAY MEADO S, .P., a California limited
partnership
By' Lorna Verd ,Inc.,. California corporation,
its General artner
By'
Jason , resident
By' -:> ~$1~
Deimis M. Ferdig, Exec tive ice
President
1552\04\601077 I
. .
1 336'8
CALIFORNIA ALL.P~RP9SE ACKNOWLED,GMEtlT
- :-:: - - - :~~ R" p;f~-- - :".: :=.:tzr.t,
State of California }
County of S~n niRgn
On ~llh-D.)~ before~~Rt"~PI~ .
Date
personally appeared " . , / .t ,"'....rt ..... . oflhaQffoca,
Name(s) ot Slgner(S)
.
I.~~ who proved to me on the basis of satisfactory evidence to
be the person(jl(whose nam~~ subscribed to the
within instrument and acknowledged to me that
_ HOlalY I'\dIlIC . CaIIfOm\G I ~heftt1t3y executed the same in ~erltkcir authorized
I IaII 0t0g0 counIy - capacity(~ and that by ~er.'.keir signature(l;1 on the
J.. _ _ _ _ ~:.u,~_~ ~~~~~ _ ~ instrument the person(S( or the entity upon behalf of
which the perso~) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above Signature
OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to snother document.
Description of Attached Docu lJVtt v-et t
Title or Type of DocU(j)t:
Document Date:
Signer(s) Other Than Named Above:
\
Capaclty(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Tltle(s): o Corporate Officer - Tnle(s):
o Partner - 0 Limited 0 General RIGHT THUMBPRINT o Partner - 0 Limited 0 General RIGHTTHur,1SPRINT
o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNEA -
o Trustee Top of thumb here D Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' DOther"
Signer Is Representing: Signer Is Represenung:
~ :....: ;7 -
02007 National Notary As$ocIation. Q350 De Solo Aye., RQ. Sol( 2402 -COOtsworth. CA 91313-2~02. www.NationalNotaty.Ofg Item '5907 ABOf'der: CallToIl-Free f-800-876-6827
ACKNOWLEDGMENT
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.........'...'...-.,.................................:........-........................v.
State,afCalifornia
County of San Dieqo ) 55.
On g~.q+ n.2ool5 before me_ Isabel Alvarado, Notary' Public, personally
:?cpeared
o'.''5on 6. ~ ht.l)t~,wI:10 proved to me on the basis of satisfactory evidence to be
the personW whose ame~ is/arlf" subscribed to the. within instrument and
acknowledged to me that he~Jl:le1 executed the same: in hisLbefl.tJ;1eirauthorized
capacity(js5), and that byhis/J;ler1ttJeir signatures~ on th~ instrument the persor:l.\:>r, or
the entity upon behalf of which the person(M acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and offiCial seal. , _._
Et..... ISABEL AtVARADO f
o ~ CU.',1M It, 788224
UJ ""k:o> -\~ Nnr.....ov ()1!~LlC-r;Al.'.Ir:ORN. rA.1J
0, .';. ..: 'iJ 'SAI\',i)rEGU COdNtv n
~ L ~. My CommISSIon Expires ~
J~ac. '0' DECEMBER1020Uj
Signature
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.......................,...-..,....-.............,...-.....'..........................
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OPTIONAL INFORMA TlON
Date of Document Thumbprint of Signer
Type or Title of Document
Number of Pages in Document ~
. ~
Document in a Foreign Language ~~~
7~~il'"",
~~~-~~~:';,
Type of Satisfactory Evidence 'a}~]\,~
..;vr...",-.;.'$,."S:.....,..:-
_ Personally Known with Paper Identification .tr(m.,,~~;V ~
_I?aper Identification
_ CredibleWitness(es)
o Check here if
Capacity of Signer' no thumbprint
Trustee or fingerprint
_ Power of Attorney is available.
_ CEOI CFO_! COO
_ President IVice-president I Secretary I Treasurer
_Other'
Other Information:
". lo'~
I ..)' .~~, ...."
i "'. ",. j!!;
ACKNOWLEDGMENT 33'70
......'...'!........'.,.:.....'.....................-........'.,......................,'
State ofCaliforriiil
County of San Dieoo) 55.
On S~oQ+ II . irtYb before me, Isabel Alvarado, Notary Public, personally
appeared
who proved to me on the basis' of satisfactory evidence to be
the person(s) whose _me~ is(pre- subscribed to the within instrument and
ackri'owledged to me thai hej~/tt;ley executed the same. in his/iJsfftAeir authorized
capacity(is5), and that by hisj~r/~ signatures(.81'ori theinstiument the person(s1, or
the entity upon behalf of which .the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is,true arid correct.
WITNESS my hand and official seal.
,~......., ISABEL ALV"RADO I
~ COMM # 1788224 0
~ '~ "6' "NOTARV PIJBlIC.CAllm~.N!~ U)
~ ' " 0 ~, 'SA~DjEGO COUNT'!' ~
, I - ~-. My CommlSSlf\n Ellplfes I
Signature DECEMBER 30. 2011
5<':81!
..................-.'.........:...;......................,........................
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OPTIONAL fNFORMA T10N
Date of Document Thumbprint of Signer
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
.~PersonallyKnowri with Paper' Identification
_ Paper Identification
_ Credible Witness(es)
o Check here if
'Capacity of~ Signer. no thumbprint
_,Trustee or,fingerprint
_.power of. Attorney is available.
CEOICFOrC00
_ PresiClerit I'Vice'President I Secretary I Treasurer
Other'
Other Information:
.1 n,... ."",
. ". 1}' ~,
~ ... ,,' - .>l':'1!I'
. " .l'r""
. EXHIBIT A .
PARCEL A ASSESSORS PARCEL NO 314-213-18 & 314-213-19 3371
ALL TR~T PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAl, DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, BEING ALSO DESCRIBED AS A PORTION OF THE RESERVE TRACT OF
PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 785, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 4, 1894, TOGETHER WITH THOSE PORTIONS OF IRVING
AVENUE AND AN UNNAMED STREET ON THE NESTERLY SIDE OF SAID RESERVE TRACT, BOTH
CLOSED TO PUBLIC USE, AS DESCRIBED IN VARIOUS DEEDS OF RECORD FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT A POINT ON THE CENTER LINE OF SAID IRVING AVENUE (CLOSED TO
PUBLIC USE) THAT BEARS NORTH 000 20' 08" WEST 451 30 FEET (NORTH PER DD) FROM
THE INTERSECTION OF SAID CENTER LINE OF IRVING AVENUE WITH THE SOUTHERLY LINE
OF WINDSOR STREET (CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO 785j THENCE
NORTH 890 39' 52" EAST 30 00 TO THE EASTERLY RIGHT OF WAY LINE OF SAID IRVING
STREET (CLOSED) , SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
RETRACING AND CONTINUING SOUTH 890 39' 52" WEST 270 49 FEET TO THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, BEING ALSO A POINT ON
THE WESTERLY LINE OF SAID UNNAMED STREET (CLOSED TO PUBLIC USE) ; THENCE ALONG
SAID WESTERLY LINES NORTH 000 20' 38" WEST (NORTH PER DD) 169 92 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE
ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
SOUTH 890 24' 17" EAST 240 55 FEET (EAST 240 00 FEET PER DD) TO THE
INTERSECTION WITH THE CENTER LINE OF SAID IRVING AVENUE (CLOSED TO PUBLIC
USE) ; THENCE ALONG SAID CENTER LINE SOUTH 000 20' 08" EAST (SOUTH PER DD) 7 13
FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 25 OF SAID
PIERMONT ACCORDING TO MAP THEREOF NO 785; THENCE ALONG SAID WESTERLY
PROLONGATION NORTH 890 35' 551t EAST (EAST PER DD) 30 00 FEET TO SAID EASTERLY
RIGHT OF WAY LINE OF IRVING AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY
LINE SOUTH 000 20' 08" EAST (SOUTH PER DD) 158 91 FEET TO THE TRUE POINT OF
BEGINNING
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND
AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS
EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND,
AS RESERVED IN DEED RECORDED SEPTEMB3R 16, 1955 IN BOOK 5795, PAGE 494 OF
OFFICIAL RECORDS
PARCEL Al
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER, ALONG AND ACROSS
THE FOLLOWING DESCRIBED LAND
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, BEING ALSO DESCRIBED AS A PORTION OF 3LOCK 25 OF PIERMONT, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 785, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AUGUST 4, 1894, TOGETHER WITH THOSE PORTIONS OF YORK AVENUE AND IRVING AVENUE,
CLOSED TO PUBLIC USE, AS DESCRIBED IN VARIOUS DEEDS OF RECORD FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS
. . 3372
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 890 24' 17" EAST 440 67
FEET (EAST 440 00 FEET PER DD) TO THE INTERSECTION WITH THE CENTER LINE OF
SAID YORK AVENUE; THENCE ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21'
OBit EAST (SOUTH PER DDI 260 00 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED
IN DEED TO WILLIAM H SMITH, ET UX, RECORDED MARCH 3, 1958 IN BOOK 6974, PAGE
190 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21' 08" EAST ( SOUTH
PER DD) 20 00 FEET; THENCE SOUTH 890 38' 52" WEST 170 18 FEET (WEST 170 00 FEET
PER DD) TO A POINT ON THE WESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT
ON THE EASTERLY RIGHT OF WAY LINE OF IRVING AVENUE (CLOSED) ; THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 08" EAST (SOUTH PER DD) 60 00 FEET;
THENCE SOUTH 890 39' 52" WEST (WEST PER DD) 30 00 FEET TO THE CENTER LINE OF
SAID IRVING AVENUE (CLOSED) ; THENCE ALONG SAID CENTER LINE NORTH 000 20 ' 08"
WEST (NORTH PER DD) 177 29 FEET TO A POINT ON THE CENTER LINE OF SAID IRVING
AVENUE THAT BEARS NORTH 000 20' 08" WEST (NORTH PER DD) 451 30 FEET FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE SOUTHERLY LINE OF WINDSOR STREET
(CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO 7BS i THENCE NORTH 890 39' 52"
EAST (EAST PER DD) 30 00 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF IRVING
AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 0811 EAST
(SOUTH PER DD) 97 29 FEET TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 890
38' 52" WEST (WEST PER DD) FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 890
38' 52" EAST 170 17 FEET (WEST 170 00 FEET PER DD) TO THE TRUE POINT OF
BEGINNING
SAID EASEMENT WILL NOT BECOME A LEGAL EASEMENT UNTIL GRANTED/RESERVED IN A
FUTURE CONVEY ACE
PARCEL B ASSESSORS PARCEL NO 314-213 -20
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, BEING ALSO DESCRIBED AS A PORTION OF THE RESERVE TRACT OF
PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 785, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 4, 1894, TOGETHER WITH THOSE PORTIONS OF IRVING
AVENUE AND AN UNNAMED STREET ON THE WESTERLY SIDE OF SAID RESERVE TRACT, BOTH
CLOSED TO PUBLIC USE, AS DESCRIBED IN VARIOUS DEEDS OF RECORD (DD) FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT A POINT ON THE CENTER LINE OF SAID IRVING AVENUE (CLOSED TO
PUBLIC USE) THAT BEARS NORTH 000 20' 08" WEST (NORTH PER DD) 451 30 FEET FROM
THE INTERSECTION OF SAID CENTER LINE OF IRVING AVENUE WITH THE SOUTHERLY LINE
OF WINDSOR STREET (CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO 785; THENCE
NORTH 890 39' 52 II EAST (EAST PER DD) 30 00 FEET TO THE EASTERLY RIGHT OF WAY
LINE OF SAID IRVING STREET (CLOSED) , SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 08" EAST
(SOUTH PER DD) 88 00 FEET; THENCE SOUTH 890 39' 52" WEST (WEST PER DD) 270 48
FEET TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
BEING ALSO ON THE WESTERLY LINE OF SAID UNNAMED STREET (CLOSED TO PUBLIC USE) ;
THENCE ALONG SAID WESTERLY LINE NORTH 000 20' 38" WEST (NORTH PER DD) 88 00
FEET TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 890 39' 52" WEST FROM THE
TRUE POINT OF BEGINNING; THENCE NORTH 890 39' 52" EAST 270 49 FEET TO THE TRUE
POINT OF BEGINNING
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND
. . 3373
AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS
EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND,
AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK 494, PAGE 494 OF
OFFICIAL RECORDS
PARCEL B1
AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES OVER, UNDER, ALONG AND THROUGH
THE FOLLOWING DESCRIBED LAND
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, BEING ALSO DESCRIBED AS A PORTION OF BLOCK 25 OF PIERMONT, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 785, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AUGUST 4, 1894, TOGETHER WITH THOSE PORTIONS OF YORK AVENUE AND IRVING AVENUE,
AS DESCRIBED IN VARIOUS DEEDS OF RECORD (DD) FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, CLOSED TO PUBLIC USE DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 890 24' 17" EAST 440 67
FEET (WEST 440 00 FEET PER DD) TO THE INTERSECTION WITH THE CENTER LINE OF
SAID YORK AVENUE; THENCE ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21'
0811 EAST (SOUTH PER DD) 260 00 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED
IN DEED TO WILLIAM H SMITH, ET UX, RECORDED MARCH 3, 1958 IN BOOK 6974, PAGE
190 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
CONTI~uING ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21' 08" EAST ( SOUTH
PER DD) 20 00 FEET; THENCE SOUTH 890 38' 52" WEST 170 18 FEET (WEST 170 00 FEET
PER DD) TO A POINT ON THE WESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT
ON THE EASTERLY RIGHT OF WAY LINEOF IRVING AVENUE (CLOSED) ; THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 08" EAST (SOUTH PER DD) 60 00 FEET;
THENCE SOUTH 890 39' 5211 WEST (WEST PER DD) 30 00 FEET TO THE CENTER LINE OF
SAID IRVING AVENUE (CLOSED) ; THENCE ALONG SOUTH CENTER LINE NORTH 000 20' 08"
WEST (NORTH PER DD) 89 29 FEET TO A POINT ON THE CENTER LINE OF SAID IRVING
AVENUE THAT BEARS NORTH 000 20' 08" WEST (NORTH PER DD) 363 30 FEET FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE SOUTHERLY LINE OF WINDSOR STREET
(CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO 785; THENCE NORTH 890 39' 5211
EAST 30 00 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF IRVING AVENUE; THENCE
ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 08" EAST (SOUTH PER DD)
9 29 FEET TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 890 38' 5211 WEST
(WEST PER DD) FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 890 38' 52 II EAST
170 17 FEET (EAST 170 00 FEET PER DD) TO THE TRUE POINT OF BEGINNING
SAID EASEMENT WILL NOT BECOME A LEGAL EASEMENT UNTIL GRANTED/RESERVED IN A
FUTURE CONVEYACE
PARCEL C ASSESSORS PARCEL NO 314-213-21
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, BEING ALSO DESCRIBED AS A PORTION OF LOT 6 IN BLOCK 25, AND A
PORTION OF THE RESERVE TRACT OF PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF cALIFORNIA, ACCORDING TO MAP THEREOF NO 785, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1894, TOGETHER
. . 3374
WITH THOSE PORTIONS OF YORK AVENUE, IRVING AVENUE AND l'-N UNNAMED STREET ON THE
WESTERLY LINE OF SAID RESERVE TRACT, ALL CLOSED TO PUBLIC USE, AS DESCRIBED IN
VARIOUS DEEDS OF RECORD (DD) , FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 890 24' 17" EAST 440 67
FEET (EAST 440 0 FEET PER DD) TO THE INTERSECTION WITH THE CENTER LINE OF SAID
YORK AVENUE; THENCE ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21' OBit
EAST (SOUTH PER DD) 26000 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN
DEED TO WILLIAM H SMITH, ET UX, RECORDED MARCH 3, 1958 IN BOOK 6974, PAGE 190
OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 000 21 ' 0811 EAST ( SOUTH
PER DD) 20 00 FEET; THENCE SOUTH 890 38' 52" WEST ,170 18 FEET (WEST 170 00 FEET
PER DD) TO A POINT ON THE WESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT
ON THE EASTERLY RIGHT OF WAY LINE OF IRVING AVENUE I CLOSED) ; THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 08" EAST (SOUTH PER DD) 60 00 FEET;
THENCE SOUTH 890 39' 52" WEST (WEST PER DD) 30 00 FEET TO A POINT ON THE CENTER
LINE OF SAID IRVING AVENUE THAT BEARS NORTH 000 20' 08" WEST (NORTH PER DD)
274 01 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF IRVING AVENUE WITH
THE SOUTHERLY LINE OF WINDSOR STREET (CLOSED TO PUBLIC USE) AS SHOWN ON SAID
MAP NO 785; THENCE ALONG SAID CENTER LINE NORTH 000 20' OBt! WEST (NORTH PER
DD) 1 29 FEET; THENCE SOUTH 890 39' 52" WEST 240 47 FEET (WEST 240 00 FEET PER
DD) TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
BEING ALSO A POINT ON THE WESTERLY LINE OF SAID UNNAMED STREET (CLOSED TO
PUBLIC USE) ; THENCE ALONG SAID WESTERLY LINES NORTH 000 20' 38" WEST (NORTH PER
DD) 88 00 FEET TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 890 39' 52" WEST
(WEST PER DD) FROM A POINT ON THE CENTER LINE OF SAID IRVING AVENUE THAT ,BEARS
NORTH 000 20' 08" WEST (NORTH PER DD) 363 30 FEET FROM THE INTERSECTION OF SAID
CENTER LINE OF IRVING AVENUE WITH SAID SOUTHERLY LINE OF WINDSOR STREET
(CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO 785; THENCE NORTH 890 39' 5211
EAST (EAST PER DD) 270 48 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF IRVING
AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 000 20' 0811 EAST
(SOUTH PER DD) 9 29 FEET TO AN INTERSECTION WITH A LINE THAT BERAS SOUTH 890
38 ' 52" WEST (WEST PER DD) FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 890
38 ' 52" EAST 170 17 FEET (EAST 170 00 FEET PER DD) TO THE TRUE POINT OF
BEGINNING
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS, AND MINERALS BENEATH SAID LAND
AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS
EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID LAND,
AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK 5795, PAGE 494 OF
OFFICIAL RECORDS
PARCEL D ASSESSORS PARCEL NO 317-350-30
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2"; THENCE NORTH 88057' WEST,
ALONG THE NORTH LINE OF SAID SECTION, 734 91 FEET TO THE NORTHEAST CORNER OF A
PARCEL OF LAND CONVEYED BY A Z DEAN AND WIFE TO H M HERRINGTON AND WIFE, BY
DEED DATED MARCH 20, 1926 AND RECORDED IN 1173, PAGE 410 OF DEEDS, RECORDS OF
SAN DIEGO COUNTY; THENCE SOUTH 0039' WEST ALONG THE EAST LINE OF SAID PARCEL SO
CONVEYED TO HERRINGTON, 332 65 FEET TO THE SOUTHEASTERLY CORNER OF SAID
. . 3375
PARCEL, THENCE NORTH 83'20' EAST ALONG THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF THE AFORESAID PARCEL TO A POINT ON THE EAST LINE OF SAID
SECTION 23; THENCE NORTHERLY ALONG SAID EAST LINE O~ SAID SECTION, 243 50 FEET
TO THE POINT OF BEGINNING
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO RECORDED
JANUARY 26, 1972 AS FILE NO 20516 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS
LYING WITHIN A STRIP OF LAND 60 00 FEET WIDE, 30 00 EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE
BEGINNING AT THE SOUTHEASTERLY CORNER OF TUSTIN HILLS UNIT NO 1, ACCORDING TO
MAP THEREOF NO 4442, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON
JANUARY 12, 1960; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE PARALLEL WITH AND DISTANT
1 00 FEET SOUTHERLY FROM THE SOUTHERLY BOUNDARY OF SAID TUSTIN HILLS UNIT NO
1, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING AND HAVING
COORDINATES N 285, 309 263 AND E -1, 754,231 443 OF THE CALIFORNIA COORDINATE
SYSTEM GRID ZONE 6; THENCE ALONG BEARINGS AND DISTANCES BASED ON SAID
CALIFORNIA COORDINATE SYSTEM GRID ZONE 6 AS FOLLOWS N 83052'51"E, A DISTANCE
OF 138 08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A
RADIUS OF 1000 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 20017'20" A DISTANCE OF 354 11 FEET; THENCE TANGENT TO SAID CURVE
N 63O)'5'31"E A DISTANCE OF 278 24 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 27041'03" A DISTANCE OF 483 18 FEET TO A POINT
OF TANGENCY WITH THE' NORTHERLY LINE OF SECTION 24, T 14S , R 2 W , S B B &
M , IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF A LINE PARALLEL
AND CONCENTRIC WITH AND DISTANT 30 00 FEET SOUTHEASTERLY AT RIGHT ANGLES AND
RADIALLY FROM THE FOLLOWING DESCRIBED LINE
BEGINNING AT THE SOUTHEASTERLY CORNER OF TUSTIN HILLS UNIT NO 1, ACCORDING TO
MAP THEREOF NO 4442 ,FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON
JANUARY 12, 1960; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE PARALLEL WITH AND DISTANT
1 00 FEET THEREOF; FROM THE SOUTHERLY BOUNDARY OF SAID TUSTIN HILLS UNIT NO
1, SAID POINT OF ~NTERSECTION BEING THE TRUE POINT OF BEGINNING AND HAVING
COORDINATES N 285,309 263 AND E 1,754,231 443 OF THE CALIFORNIA COORDINATE
SYSTEM GRID ZONE 6; THENCE ALONG BEARINGS AND DISTANCES BASED ON SAID
CALIFORNIA COORDINATE SYSTEM GRID ZONE 6 AS FOLLOWS N 83OS2'Sl"E A DISTANCE
OF 138 08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A
RADIUS OF 1000 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 20'17'20" A DISTANCE OF 354 11 FEET; THENCE TANGENT TO SAID CURVE
N 63OJ5'31"E A DISTANCE OF 278 24 FEET TO THE BEGINNING OF A TANGENT CURVE,
THENCE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 27041'03" A DISTANCE OF 483 18 FEET TO A POINT
OF TANGENCY WITH THE NORTHERLY LINE OF SECTION 24, T 14 S , R 2 W , S B B &
M, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF
PARCEL Dl
BEING A PORTION OF METATE LANE, DEDICATED AND ACCEPTED ON MAP NO 11742,
RECORDED MARCH 9, 1987 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
. .. 3376
COUNTY, MORE PARTICULP.RLY DESCRIBED AS FOLLOWS
COI~ENCING AT THE SOUTHEAST CORNER OF LOT 101, MAP NO 442, RECORDED Jl>.NUARY
20, 1960 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
SOUTHERLY ALONG THE PROLONGATION OF THE EASTERLY LINE OF SAID LOT 101, ALSO
BEING THE WESTERLY LINE OF THE DOCUMENT RECORDED OCTOBER 28, 2004, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC NO 2004-1020038,
SOUTH 0' 43' 28" WEST (SOUTH 0' 42' WEST PER MAP NO 4442) , 4 09 FEET TO THE
NORTHWEST CORNER OF SAID METATE LANE, DEDICATED AND ACCEPTED ON MAP NO 11742,
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID DOCUMENT RECORDED OCTOBER
28, 2004 AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
ALONG THE NORTHERLY LINE OF SAID METATE LANE DEDICATED AND ACCEPTED ON MAP NO
11742, ALSO BEING THE SOUTHERLY LINE OF SAID DOCUMENT RECORDED OCTOBER 28,
2004, NORTH 83' 23' 30" EAST (NORTH 83' 49' 53" EAST PER MAP NO 11742) , 261 41
FEET TO THE MOST EASTERLY CORNER OF SAID METATE LANE DEDICATED AND ACCEPTED ON
THAT CERTAIN MAP NO 11742, ALSO BEING THE SOUTHWEST CORNER OF PARCEL 71-0685
A, DESCRIBED IN THE DEED RECORDED JANUARY 26, 1972, IN THE OFFICE OF THE
COUNTY RECORDER OF SAlI DIEGO COUNTY, AS FILE/PAGE NO 20516 AND ALSO BEING THE
NORTHERLY CORNER OF PARCEL 71-0686 A, A RIGHT OF WAY FOR PUBLIC HIGHWAY, KNOWN
AS METATE LANE, DESCRIBED IN THE DOCUMENTS RECORDED NOVEMBER 12, 1971, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE/PAGE NUMBERS 263958
THROUGH 263961; THENCE ALONG THE SOUTHERLY LINE OF SAID METATE LANE, SAID LINE
ALSO BEING THE NORTHERLY LINE OF SAID PARCEL 71-0686 A, SOUTHWESTERLY ALONG
THE ARC OF A NON-TANGENT 970 00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE
CENTER OF WHICH BEARS NORTH 14' 02' 5211 WEST/ THROUGH A CENTRAL ANGLE OF 7' 29'
02", AN ARC DISTANCE OF 126 70 FEET; THENCE CONTINUING ALONG SAID LINE, SOUTH
830 26/ IOlt WEST, 64 04 FEET; THENCE LEAVING SAID LINE, SOUTH 880 27' 32" WEST,
71 53 FEET TO THE WESTERLY LINE OF METATE LANE, DEDICATED AND ACCEPTED ON SAID
MAP NO 11742 ; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 0' 43' 28" EAST
(NORTH l' 08' 53" EAST PER MAP NO 11742) 1 81 FEET TO THE TRUE POINT OF
BEGINNING
PARCEL D2
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHK~ST QUARTER OF SECTION 23,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
~POWAY , COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL
71-0686 A, A RIGHT OF WAY FOR PUBLIC HIGHWAY, KNOWN AS METATE LANE, GRANTED
PER THE DOCUMENTS RECORDED NOVEMBER 11, 1971, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBERS/PAGE 263958 THROUGH 263961, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST QUARTER OF LOT 101, MAP NO 4442, RECORDED JANUARY
20, 1960 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
SOUTHERLY ALONG THE PROLONGATION OF THE EASTERLY LINE OF SAID LOT 101, ALSO
BEING THE WESTERLY LINE OF THE DOCUMENT RECORDED OCTOBER 28, 2004, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC NO 2004-1020038,
SOUTH 0' 43' 28" WEST, 12 22 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID
PARCEL 71-0686 A, ALSO BEING THE SOUTHERLY LINE OF METATE LANE, DEDICATED AND
ACCEPTED ON MAP NO 11742, RECORDED MARCH 9, 1987 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NORTH 830 26' 10" EAST, 72 06 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID NORTHERLY
LINE, NORTH 830 26' 10" EAST, 64 04 FEET TO THE BEGINNING OF A TANGENT 970 00
FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE NORTHEASTERLY ALONG SAID TANGENT
CURVE, THROUGH A CENTRAL ANGLE OF 7' 29' 021f, AN ARC DISTANCE OF 126 70 FEET TO
THE NORTHERLY CORNER OF SAID PARCEL 71-0686 A, ALSO BEING THE MOST EASTERLY
CORNER OF SAID METATE LANE, DEDICATED AND ACCEPTED ON MAP NO 11742, AND ALSO
. . 3377
BEING THE SOUTHWEST CORNER OF PARCEL 71-0685 A, DESCRIBED IN THE DOCUMENT
RECORDED JANUARY 26, 1972, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AS FILE NO 72-020516; THENC3 ALONG THE NORTHEASTERLY LINE OF SAID
PARCEL 71-0686 A, ALSO BEING THE SOUTHWESTERLY LINE OF SAID PARCEL 71-0685 A,
NORTH 830 23' 30" EASTj 76 75 FEET TO THE BEGINNING OF A NON-TANGENT 770 0 FOOT
RADIUS CURVE, CONCAVE NORTHERLY; THE CENTEJ< OF WHCH BEARS NORTH 180 08 ' 00"
WEST; THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL
ANGLE OF 160 29' 30", AN ARC DISTANC3 OF 221 63 FEET; THENCE SOUTH 880 27' 3211
WEST, 46 79 FEET TO THE TRUE POINT OF BEGINNING
PARCEL D3
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL
71-0685 A, AS SHOWN ON COUNTY ROAD SURVEY 1587-3, GRANTED IN FEE TO THE COUNTY
OF SAN DIEGO PER DOCUMENT RECORDED JANUARY 26, 1972, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE/PAGE NuMBER 20516 FEE TITLE
BEING VESTED WITH THE CITY OF POWAY IN ACCORANCE WITH THE CALIFORNIA STREETS
AND HIGHWAYS CODE SECTION 989(a) (1), THE BOUNDARIES OF SAID CITY OF POWAY AND
TERMS OF ITS LOCAL AGENCY FORMATION ARE CONTAINED WITHIN THE DOCUMENT ENTITLED
"POWAY REORGANIZATION", RECORDED NOVEMBER 26, 1980, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE/PAGE NO 80-401122, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF LOT 101, AS SHOWN ON MAP NO 4442,
RECORDED JANUARY 20, 1960, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE SOUTHERLY ALONG THE PROLONGATION OF EASTERLY LINE OF SAID LOT
101, ALSO BEING THE WESTERLY LINE OF THE DOCUMENT RECORDED OCTOBER 28, 2004,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC NO
2004-1020038, SOUTH 00 43' 28" WEST (SOUTH 00 42' WEST PER MAP NO 4442) , 4 09
FEET TO THE NORTHWEST CORNER OF METATE LANE DEDICATED AND ACCEPTED ON BEHALF
OF THE PUBLIC ON THAT CERTAIN MAP NO 11742, RECORDED MARCH 9, 1987 IN THE
OFFICE OF THE COUNTY RECORDER OP SAN DIEGO COUNTY, ALSO BEING THE
SOUTHWESTERLY CORNER OF SAID DOCUMENT RECORDED OCTOBER 28, 2004; THENCE ALONG
THE NORTHERLY LINE OF SAID METATE LANE, ALSO BEING THE SOUTHERLY LINE OF SAID
DOCUMENT RECORDED OCTOBER 26, 2004, NORTH 830 23' 30" EAST, 261 41 FEET TO THE
MOST EASTERLY CORNER OF SAID METATE LANE, DEDICATED AND ACCEPTED ON BEHALF OF
THE PUBLIC ON THAT CERTAIN MAP NO 11742/ ALSO BEING THE MOST WESTERLY CORNER
OF SAID PARCEL 71-0685 A, AND ALSO BEING THE NORTHEASTERLY CORNER OF PARCEL
71-0686 A, A RIGHT OF WAY FOR PUBLIC HIGHWAY, KNOWN AS METATE LANE, GRANTED
PER THE DOCUMENT RECORDED NOVEMBER 11, 1971, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AS FILE/PAGE NUMBERS 263958 THROUGH 263961, AND
ALSO BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE
NORTHWESTERLY LINE OF THE SAID PARCEL 71-0685 A, ALSO BEING THE SOUTHERLY LINE
OF SAID DOCUMENT RECORDED OCTOBER 28, 2004, NORTHEASTERLY ALONG THE ARC OF A
NON-TA-'JGENT 970 00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, THE CENTER OF WHICH
BEARS NORTH 1.40 02' 52" WEST, THROUGH A CENTRAL ANGLE OF 50 34' 31" , AN ARC
DISTANCE OF 94 39 FEET; THENCE LEAVING SAID LINE, SOUTH 250 09' 26" WEST, 13 81
FEET TO THE BEGINNING OF A TANGENT 10 00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A
CENTRAL ANGLE OF 460 37' 56", AN ARC DISTANCE OF 8 14 FEET TO THE BEGINNING OF
A NON-TANGENT 770 00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF
WHICH BEARS NORTH 180 12 ' 38" WESTi THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT
CURVE THROUGH A CENTRAL ANGLE OF 00 10' 40" AN ARC DISTANCE OF 2 39 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL 71-0685 A, ALSO BEING THE NORTHEASTERLY LINE
OF SAID PARCEL 71-0686 A, A RIGHT OF WAY FOR PUBLIC HIGHWAY, KNOWN AS METATE
,
. '. . .
3378
LANE; THENCE ALONG SAID LINE, SOUTH 830 23' 30" WEST/ 76 75 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL D4
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL
71-0685 A, AS SHOWN ON COUNTY ROAD SURVEY 1587-3, G~NATED IN FEE TO THE COUNTY
OF SAN DIEGO PER THE DOCUMENT RECORDED JANUARY 26, 1972 , IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE/PAGE NO 20516 FEE TITLE BEING
VESTED WITH THE CITY OF POWAY IN ACCORDANCE WITH THE CALIFORNIA STREETS AND
HIGHWAYS CODE SECTION 989(a) (1), THE BOUNDARIES OF SAID CITY OF POWAY AND
TERMS OF ITS LOCAL AGENCY FORMATION ARE CONTAINED WITHIN THE DOCUMENT ENTITLED
"POWAY REORGANIZATIONII / RECORDED NOVEMBER 26, 1980, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE/PAGE NO 80-401122, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF LOT 101, MAP NO 4442, RECORDED JANUARY
20, 1960 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE
SOUTHE~LY ALONG THE PROLONGATION OF EASTERLY LINE OF SAID LOT 101, ALSO BEING
THE WESTERLY LINE OF THE DOCUMENT RECORDED OCTOBER 28, 2004, IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC NO 2004-1020038, SOUTH 00 43'
28" WEST, 4 09 FEET TO THE NORTHWEST CORNER OF METATE LANE DEDICATED AND
ACCEPTED ON BEHALF OF THE PUBLIC ON THAT CERTAIN MAP NO 11742, RECORDED MARCH
9, 1987 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALSO BEING
THE SOUTHWESTERLY CORNER OF SAID DOCUMENT RECORDED OCTOBER 28, 2004; THENCE
ALONG THE NORTHERLY LINE OF SAID METATE LANE, ALSO BEING THE SOUTHERLY LINE OF
SAID DOCUMENT, NORTH 830 23' 3011 EAST, 261 41 FEET TO THE MOST EASTERLY CORNER
OF SAID METATE LANE DEDICATED AND ACCEPTED ON BEHALF OF THE PUBLIC ON THAT
CERAIN MAP NO 11742 ALSO BEING THE MOST WESTERLY CORNER OF THE SAID PARCEL
71-0685 A, AND ALSO BEING THE NORTHERLY CORNER OF PARCEL 71-0686 A, A RIGHT OF
WAY FOR PUBLIC HIGHWAY, KNOWN AS METATE LANE, GRANTED PER THE DOCu~ENTS
RECORDED NOVEMBER 11, 1971, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AS FILE/PAGE NUMBERS 263958 THROUGH 263961; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 71-0685A, ALSO BEING THE SOUTHERLY LINE OF THE DOCUMENT
RECORDED OCTOBER 28, 2004, NORTHEASTERLY ALONG THE ARC OF A NON-TP~GENT 970 00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF WHICH BEARS NORTH 140
02' 52" THROUGH A CENTRAL ANGLE OF 80 47' 36" AN ARC DISTANCE OF 148 87 TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID
LINE, NORTHEASTERLY ALONG THE ARC OF SAID 970 00 RADIUS CURVE, CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 30 59' 08" , AN ARC DISTANCE OF 67 47
FEET; THENCE NORTH 630 10' 24" EAST, 278 76 FEET TO THE BEGINNING OF A TANGENT
1030 00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG
SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 00 25' 51" AN ARC DISTANCE OF
7 75 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 71-0685 A, ALSO BEING THE
SOUTHEASTERLY CORNER OF THE DOCUMENT RECORDED OCTOBER 28, 2004; THENCE ALONG
THE EASTERLY LINE OF THE SAID PARCEL 71c0685 A, SOUTH 00 44' 49" WEST 14 63
FEET TO THE BEGINNING OF A NON-TANGENT 1017 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, THE CENTER OF WHICH BEARS SOUTH 260 42' 45" EAST; THENCE
SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 00 03 '
17" f AN ARC DISTANCE OF 0 97 FEET, THENCE SOUTH 630 10' 24" WEST, 278 76 FEET
TO THE BEGINNING OF A TANGENT 983 00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 20
58' 5711, AN ARC DISTANCE OF 51 17 FEET TO THE BEGINNING OF A NON-TANGENT 10 00
FOOT RADIUS CURVE, CONCAVE NORTHERLY, THE CENTER OF WHICH BEARS NORTH 230 50'
3 9" WEST f THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL
. ' , , . . 10
3379
.
. _~GLE OF 450 53' 41", AN ARC DISTANCE OF 8 0 1 FEET; THENCE NORTH 670 56' SSt!
WEST, 14 08 FEET TO THE TRUE POINT 0, BEGINNING