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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 . . 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 - ~ - ~ 't-3:6:9 .........'...'...-.,.................................:........-........................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 \ ~o:'::!1 ~ .......................,...-..,....-.............,...-.....'.......................... \ - -, I 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! ..................-.'.........:...;......................,........................ , ~\ " , 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