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Covenant Regarding Real Property 1999-0098460 r... r^ '"'-,' : , . DOG .1999-'0098'460 ,r'~ . ~.~ -_~-tw. .~' ~ 30sa FEB 18, 1999 8:13 AM ) OFFICIAl RECORDS ) SAN DIEGO COl.lNTY . RECORDER 'S OFFICE ) GREGORY; J . SMITH, [:(]OOY REllJR])ER ! ' II ~'1I11 HI " "" I r ) 1990,0098460 This document is exenipt frorll the payment .,:?fa recording fee pursuant to Govemm~.nt Code Section ~73~3 J,U1C,ORDING R,EQUESTF;P )3Y AND WHENREC0lIDEDrMAILTO' Poway Redevelopment Agency p' O. Box 789 Poway, California 92074-0789 Attention: Executive Director ~, COVENANT REGARDING REAL PROPERTY . '.-- . - If By the terms of Sections 3(3);and 7'ofthe Judgmentelltered.,A.prjI6, 1995, in JudgmentBook Number 2438 afrpage no. 434in:Sinitli v. All Persons, SanDieg(JrS~perior Court Case No. 667691, housing acquired, built, (Jr preserved by the Poway Redevelopment Agency on thllt rea\:property described in Exhibit "A" attached her(ltois restricted in perpetuity for housing, at affordable (as defined in Health and S.afety Code Section' 50053) housing costs (~rdefmed in Code of Regulations Sectiqn 6918) to very low income households.( as defined in Health and Safety Code Section 50 105), provided,lhat the restrictions,may be eliminated. if the re~tricted units can berelocateq within ti1e City, in accordance with Community Redevelopment Law, and-providedfurtherthat the restriction,s may be eliminated if it is determined in the future that the need'for which the units were reserved no longer exist~. POWAY REDEVELOPMENT AGENCY By' W~~~ .~, WiiITeilH: Sna:fer'-" ".... Assistant Executive Direcior Date: 'L/4/ "1"1 ~~ . ~~1. ' CAdFORNIAALL~PURPO. ACKNowlEDGMOO5 4. Name and Title of.Oftice personally appeared (j!~ W. Sj1..4~~OfS;9C"(') ~personally known to me o proved to me on the basis of satisfactory evidence to be the person~) whose nam~are subscribed to the within instrument'andacknowl,edged to me tha~he/they executed the same i~er/their authorized capacity~), and that by~er/their signatureN on the instrument the person~, or the entity upon behalf of which the personW acted, executed the instrument. State of ~/~~~.A' j). On ).8.- -~ i. :..~.u;~~. -'-.1 i . Notay PutilIc. CalIlariIa I f San~Capdr- Mr~aiIlIas.jl21; "~.;f' - - - - """'! -. - .- -- - -. -- before me, WITNESS my hand and official seal. // - . ~~ ~c:?A< );./--4 Signature 0 Notary Public OPTIONAL Though the information below is not required'by/aw,it may prove valuable to persons.reJying on the document and Gould prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer Title(s): o Partner- 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' Signer Is Representing: Signer's Name: o Individual o Corporate Officer Title(s): I=:J Partner - 0 Limited 0 General =:J Attorney,in-Fact o Trustee o Guardian or Conservator o Other' Top oj thumb here RIGHT THUMBPRINT 'OF SIGNER ~ . Top of thumb here Signer Is Representing: @1996NationaINotaryAssociation-8236RemmetAve" P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cal! TolP"ree 1-800876-6827 '0 . EXHIBIT'A .3055 ..-'" ...~ ~~ LEGAL DESCRIPTION Brookview Senior Housing Deveiopment Parcel AI: The West170,00 feet,of the East 513 40 feet of the South Halfofthe Northwest Quarter of the Southwest Quarterqf Section 14, ToWnship 14 SOl!th, Range 2 West, San Bernardin9 Meridian"in the City of Po way, CountY of San DiegO,Stille of California, according to the Official Plat thereof. Excepting therefrom the South 330.00 feet thereof. Parcel A2: An easeIllentand right of way for road, sewer, water, gas, power and,telephone lines.and appurtenances thereto over, under, along and across the Northerly 30.00 feetofthe Southerly 360.00 feet ofthe Easterly'343 40 feet of the South Halt:ofthe Northwest Quarter,oftheSouthwest Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Po way, County of San Diego, State of California, according;to Official Plat thereof. Parcel Bl The South Half of the Northwest Quarter ofthe Southwest Quarter of Section 14, Township 14 South, Range 2.West,$an Bernardino Base,andMeridian, in the City of Po way, County of San Diego,,state of California, according to United 'States Government Survey, approved September II, 1879 Excepting therefrom the South 330.00 feet thereof. Also Excepting therefrom that portion lying Westerly ofthe Easterly '343 40 feet thereof. Also Excepting therefrom the East33.00feet thereof, as disclosed'by Final Order of Condemnation recorded March 3,1981 as File No. 81-064580 and also recorded October i4, 1981 as File No. 81-325912, both of Official Records. And Also Excepting therefrom all oil, mineral and hydrocarbon substances in and under the herein described iand lyingbeiow a, depth 500 feet from thesurface thereof and with no right of surface entry, as granted to West Coast Oil Co. by Deed recorded November 10, 1986.as File No. 86-514723 of Official Records. Parcel B2, The Southerly 330;00 feet of the Northwest' Quarter, of the Southwest Quarter of Sectjon 14, Township 14 South, Range 2 West, San Bernardino Meridian, ih,the~City of Po way, County of San Dj,ego, State of California, according to Official Platthereof, Excepting the Westerly 924 00 feet thereof. Exhibit A-I -';...". 4.-j\ ":;- '. 3056 . Excepting that portion lying Easterly of a line that is paraileI 'withand 33.00 feet Westerly of a center line described as follows: Beginning at the intersection of Po way Road, Roa,d S,myey 1013, and Pomerado Road, Road Survey 1859-2, said Road Surveys. on file in the Office oftheCounty Engineer of-said County, said intersection having, coordinates North 286,619:64 and East I ,751,01?65.in terms of,the California Coordinate System, Zone '6, thence along the centerline of saidPomerado Road with bearings and, distances in terms of said coordinate system,North'OO'4T22" East, 1829.58 feet; therfc-e.N6fthOOoOl'46"'Eas(2658:36 - feet; thence North 00049'48:' East, 350534 feet; thence North 01 0~8'08"East, 1918.90 feet; thence North 01003'50" East, 955 47 feet to the'beginning ofa tangent 1700.00 foot radius curve, concave Easterly; thence Northerly:along the arc of said curve through a'central'ang1e of44 025'03", a:distance of 1317,89 feet; thence tangent to said curve North 45028'53" East, 198.39,feet to the beginning of a tangent 2066.00 foot radius:curve, concave Westerly; thence Northerly,.along the arc of said curve through a central angle of 40016'34", a distance of 1405.90 feet; thence tangent to said curve North 05012'19" East, 792.94 feet to the, beginning ofa tangent 3000.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curVe through a central angle'of3 004'38", a distance of 161 12 feet; thence tangent to saidcurve.:North02007'41" East, 1953,09 feet; thence North 01023'41" East, 608.10 feet to the beginning of a tangent 3000.00 foot radius curve, concave We'sterly; thence Northerly along the a.rc of said curve through a central angle of 8026'29", a distance of 441 .99 feet; thence tangent to said curve North 7 002'48" We~t,40435 '[eeHo the beginning:of a tangent 2500.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through acentral angle of9042'20", more or less, a distance of42348 feet, more:or less, to a point in,tlie Rallcho , San'Bernardo bOUlldary lirle,said point having coordinates North 304,82549 and East 1,752,479,69, said point being the Point of Terminus. Assessor's Parcel No 317-521-02,03 and.04 Exhibit A-2