Instrument Affecting and Imposing a Lien on Real Property 1997-0161590
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oocn 1'-0161590
08"'APR-1997 ~9 PM
lJFlCIAL RECllWSl.r.!:t
SAH,OIEGO!COO RECORDER'S OFfICE
GREGORY SMITH, ClIlMTY RECORDER
i FITS: 0.00
"",. ~".o IlEQIJ]llT OF, lIIJlST AJ.\EIU CAlI TIm
nm~P!\~~
AND ,WHEN ' RECORDED MAlL TO:
Poway Redevelopmelll Agency
13325 Civic Center Drive
Poway" California 92064
Attention: Executive Director
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'(Space above for Recordet's Use Only)
970
//4-S"S$ e>-G.
IAli:Ex As 'G~rl7'-=-~"i:>v
This docu:a:u=t t. exempt from tho paymclat of a t'\IOClI"ding fee
putIU&Dt to ~ Codcl Sottioa 61~3.
INSTRUMENT AFFECTING AND IMPOSING A LIEN ON
REAL PROPERTY
THIS INSTRUMENT AFFECI1NG ~ JMPOSrN8t LIEN ON REAL
PROPERTY -<the .il1strument.)ina<te this ~ day MAe ,.1m, byMCMlLLIN
4S BUSINESS PARK, INC. a California corporation (me .Participanl.) is milde with reference
to the following facts:
A. Participant is the owner, of all thai certain real property in the City of Poway, San
Diego County, State of California, descnCed in Exhibit . A. auached hereto and made a pan
bereof. Such real property shall be referred to berein as me 'Site, "
B. Participant and the Poway,Redevelopment Agency (tlte . AgeIlCY' have entered
into an Participant Partici~n Agreement (the .Agreement.) dated M.CJ.I, 1997 which,
among other things,"'tS forth ttie participant's obligations to pay 10 the Agericythe City Loan
Repayment Amount, Upon Sale, The Agreement is available for il1SJleClioo althe Agency's offices
located 81,\3325 Civic Ceme(Orive. Poway, California 92064, .Capitalized temlS utilized
herein and not otherwise defined shall have the same meanings as set forih in the Agreement.
c., Pursuant to the Agreement, the Participant has agreed to cause this Instrument to
be recorded against the Site securingP3rticipant's obligalions to pay to the, Agency, the City Loan
RepaymentAmounlUpon Sale all in accordance with the terms and conditions set forth herein,
NOW, THEREFORE, in considetatioo of the foregoing, the Participant hereby
<:ovenants andagr=s thallhe Site shall be held, sold and oonveyed subject to the following
<:ovenarns and conditiollS which shall run with the Site, and subject to Section I herein, shall be
binding. on: all, parties having _any J1ght., title or interest in the Site. their respective heirs, legatees,
devisees, arlministral?rs, executors, successors and assigns, and shall inure to 'the benefit of the
Agency. its successors and assigns:
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l. eo.enantlo Pay C"oty'Loau Repayment Amouot Upoo Sale, The Participant's
obligation to pay the City Loan Repaymem Amount Upon Sale in,midance with Section 406.1
of the 'Agreel11ent ,shaJli be a separale; diitinct, and personal debtand'obligation of the Participant
and shall bind'the heirs. legatees. devises. administrarors, executors,and assigns of Panicipant in
and to all or any portion of the Site, The Agency may foreclose the lien against the Site created
by this Instrument as only as hereinafter provided.
Z. Imposition of Lien
Z,I Creatioo of Lien. Participant hereby mongages its inter~ in the Site to
the Agency with power of sale for die purpose of securing Participant's obligations to pay to the
Agency the City Loan Repayment Amount Upon Sale in accordance with and subject to the tenns
and conditions set forth in the Agreement,
The lien creared hereby may be foreclosed in the manner provided by law
for the foreclosure of a mortgage undet power of sale or by an appropriate action in coun.
The lien created by'this Instrument shall beprior'and superior to any and
all monetary liens other than noil--delinquent taXes and assessments, 'including, withoullimitation.
the lien of the Primary Construction Loan and any permitted and approved permanent financing,
if any
Z.2 Pow... of Sale. In the event the Panicipanl fails 10 pay the indebtedness
secured hereby as and when due, the Agency may declare a default hereunder and cause a written
notice of default and election to sell the Site (the "Notice of Default.) to be prepared and have
the notice of Defauh filed for n:cord'in the office of the County Recorder of San Diego County
The Agency shall provide a copy of such Notice of Default to the Participant. ,and each holder of
record of any mongage or deed of trust'which has requested such, notice, by a separate writing
received by the Agency A Notice of Default shall not be recorded until Participant and any
mongagee requesting ootice has been given a notice of delinquency and has not cured said
delinquency, within fifteen (15) days of giving such notice, A Notice of Default shall state the
amounlof delinquent,sums andOlher authorized charges and interest (including the cost of.
recording such notice), a sufficient description of the Site, and the name of the record owner
thereof. The Notice of Defautt (and any notice of satisfaction and release as referred 10 below)
shall be signed on behalf of the Agency by the Chairman or Executive Direaor or any duly
authorized officer A Notice of Default executed and acknowledged by" the Agency stating the
amount of the indebtedness shall be conclusive.upon the Agency as to,the amount of such
indebtedness on the date of the Notice of Default in favor of all persons who rely thereon in good
faith,
Upon ,payment to the Agency of such delinquent sums,and charges in
connection therewith. or other satisfaction thereof, the Agency shall cause to be recorded in the
office of the County Recorder of San:Diego a reconveyance or fUrther notice stating the
satisfactiOn and release of such delinquent sums and chaJ'ges. The Agency may demand >>.nd
r~ive.the cost of recordation of such release before recording same. fUly purchaser or
encumbrancer acting in good,f~lth.~ for value may rely upon. such notice ofsar.isfaction and
release. as conclusive proof of the fun scWsfaction of the sums stated' in the Notice of Default
penaining thereto.
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After three (3) mcuMs or such shorter..time as;may',be,allowed by law shall
have elapsed from die record'ailon of any Notice of Default, ""dcafter a notice of sale has been
gi_v-en."to,lhe_ eXtent;~eq~~r-ed;bYif!1e the~'applicable law, ,the:Agencr.'"w1ihout;l~action or
fu~er ~e~on'the Participant,imay.!sell the Site al sUCh tim~ ~" p'1~,!.f1xeo in S(1jd ~otice of
s3Je Odit'lnl;diini-aoo place't(),whidl.'the sale is postpOned as:provide(fbeJow, without additional
notice,'at publ';c auction to the highesi'bldder for cash in laWful mOney of'the,United StaleS at the
-,tiine otsalc~oi;upon:such other- ~'as,the Agency may consider , advisable andas.pennitted by
i~"" The , Agency may poslpOne'thesale of the Site by public annOuncement thereof at the time
and pl~ of sale-and. (rom,tirne to time there3.fter by public'announcement at,the,timc and place
of, the preceding-postponement; The Agency, in conducting oq>ostponirig the sale. may act
through the agents,offtceIs,or employees of the Agency or any lllherperSon:designated by the
,AgenCy, whether,'or not such party shall bea licensed auctioneer. The Ag'ency.'or any other
person designated by ~ in writing, shall be deemed to be acting as the ageniof the lienor and
shaUbe entitled to actual expenses an,d such'foosas may be aUowed by.)aw or as may be
prevailing at thecime the saleis conducted, The Agency shall deliver-to the bUYOl or buyers at
such sale its de",ror deeds c"nv.ying theS~i:, but without any covenant, or WIDTlUlty, express or
implied, The recitals in such deed or deeds of any matters of fatt shall,be,eonclusive proof of
the truthfulness thereof against the buyer, Its successors and assigns, and alllllher persons, Any
person may purchase at such..salc. Piirticip~ shall surrender possess~on of the Sitc~ immediately
and withoutdernand, to the buyer at such sale,
2.3 Application of Proceeds. The Agency shall apply the PfOl;eeds of such
sale in the following manner and order:
a Payment of the delinquent City LQan Repayment Amount Upon
Sale, expenses of such sale and allcosts,Jees: charges and expenses of the Agency, including
costs of-evidence of title,and'reasona6le,attorney fees;
b,The remainder,.if any, to the person or persons legally enticled
thereto,
2.4 Fond05Ute by Coon Action, In addition, the Agency may foreclose the
'lien created hereby py court acti,on in the manner provided by,the laws then applic3ble to this
Instrument, in wI1ich case the, Developer agrees to pay all costs and ejpensesthi:reof, including
reasonable attorney fees, as the counmay determine,
2.5 Notice, of [)efault. Porticipunt hereby request that copies of the Notice of
Defaulc and any notice of sale hereunder be mailed to them at the'addresses set fOrth in
Section 3,8 of this Instrument,
2.6 ,RemovalorJ"Ieu. The Agency agrees to depOSit !he release the lien of
this Instrument with respect to,individuaJ portions of the Site sold'upon 'thewritien request of the
Participunland conditioned upon the Agency of the City LQan Repayment Amount with respect to
sueb portion of the Site sold.
rilaL:48&S6_11424122345.0016
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3. General Provisions
3.1 Covenants. All covenants and conditions'coniained in this Instrument
shall be covenafus'ninning withtkland. and shall in any event an~iwithoUrregard'to technical
c1asSificariorior designation. legal or:otherwise, be, to the fullest extentpermined by law and
equity" binding for the benefit and in favor of" and enforceable by the Ag~ncy. its successors and
~~,ig~..against,Participant and'iis respective heirs, legatees, devises. adminiStrators. executors.
successors and assigns,
In amplification, and not in restriction of me provisions ,set :forth above. it
is intende<l and agreed that theAgel1C)' shall bedeeme<l a beneftciaryof the covenants provided
for if! this Il'l:5trument. bC?th (or,ani(in,its own right and also for the'purposes of proteCting the
interests'ofthecommuniry AJJwverian~ without regard to teChnical classification or
designation shall be binding r",.thelienertt of the Agency, and such covenants shall run in favor
of the Agency for the eniireperiOd during which such covenants shall be in, force andeffeel,
witholit regaid to whether the:Agency'is Of remains an owner of any land or,:'interest therein to
which such covenants relate, The "Agency shall have the right, in the event'oFany breach of any
such'covenant or condition. ~o exerCiSe aJlthcrights and remedies. andto'rnaintainany actions at
law or suit in equity or OIlier pro;ler prOCeedings to enforce the curingot such breach ofcovenallt
or condition.
3.2 Irre.ocabiUty; Term of Instrument; Reconveyance. This [nstrumem and
the lien created hereby shallbe,irre\iocable by the Participant and their successors and assigns to
the' Site or any,,~rtion theseo(. The,proviSions. of this ,Instrument 'shall continue ,in effect until
the date the full amount of the City Loan Repayment Amount Upon Sale is fully paid or
discharge<l,as,provided therein (the "J)ischarge Date.), The Agency shalt reconvey thL.
Instrument to Participant upon the Discharge Date,
3_' Amendment by lostrument. Only the Agency, its successors and
a.s:5.igns.and the Participant.or its.heirs, legateeS, devises. administrators. executors, successors
and assigns. to the fee titJe hthiSite shall have the right to consent and agree to changes in, or
lO elimiriate in whole or iopart, any, of the covetWlts or COnditioM contaiited.-i('J th:s Instrument.
3.4 Severability" The provisions of this Instrument shall be deeme<l
independem and severable" and the invalidity or partiaJ invalidity or unenforceability of anyone
provisklO;shaJ1 not affect. the validity.or enforceability of any other provision.
3.5 Interpretation. The provisiOllS of this Instrument shall be liberally
construed and interpretedclo effect its PUrpOses, Failure,to enforce any provision hereof shaJl not
constitute a waiver of theright 10 enforce said'provisivn or any Olher provision hereof.
3.6 AppHcilble ,Law. This Instrument and the lien created hereby shall be
governed by and construed according, to the laws of the State of California,
3.7 Number, Geuder and Headings. As used in this Instrument. the singular
shall indudethe'plural andtlie maSculine shall'includethe,feminine and the neuter, unless the
context requires'the contrary, No heading 'is a part hereof, and no heading shall affect the
interpretation of any provision.
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3.8 NotIces. Any'nOlice to tlte Agenty puisuanttotltis,lnstrument shail be
deemed'givenwhen deliverydpi:iS<iIiaIly to the ExetUliveDireaor'or,,..gentySecrelat)' or any
duly-authOrized offt<:er of the, Ageoty ",or upon deposit in the United StateS mail, postage prepaid,
certifl<<l mail. return receipt requested, addressed to: '
Poway Redevelopment Agent)'
13325Civit Center Drive
Poway:CaIifoinia 92064
Attention: Executive Director
Any ootice to the Partitipant pursuant to this InstruMent shall be deemed given when
delivered personally to the Participantor the managing general partnertheroof, or upon deposit in
the United StateS mail, postage prepaid. certified mail, re1Um receipt rOljuested; addressed 10:
McMillin 4S Business Park, Int.
2727 Hoover Avenue
National City, California 91950
Auention: Mithaei Binkle
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IN WITNESS WHEREOF, the undersigned have executedthis'lnstrumern this 21 day
of l\:l~( 1-/ ' 199,$
I'OWAY REDEVELOPMENT AGENCY. a
public body corporate andpolilic
By:~ ~-Y."
Its: C!..AAIL"''''.3''
A TI1lST:
~'"~~
APPROVED AS TO FORM:
-<n~ ~ ,. 'Yw-~
Stradl, , Carlson & Rauth,
Agency Counsel
MCMILLIN 4S BUSINESS PARK, INC., a
~if~W~
By:
Its: ~"
~~
'UlU.:4U56.) 1-42.4122345-0016
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976
Stale of California )
S ) ) 55,
Counlyof, an j "P3" )
On L}j""" h ::)1./ , 199~, before me,,JfUftJ) , C,nrt.).' 7 /I/an",~e, M, L
(NIml",tl o/~ar,~'8', '4MDiN,NntaryP. c)
personally appeared fh,'r,).,,,.lk L3rnU< 't J'rfH'n I), b,u.<.
(1Ull'III(s) of signnMJ (J
o personally known to me -OR-
a proved to me on [h-e basis of satisfactory evidence
lObe the person(s) whose name(s)islare'subscribed 10 the within instrument and ""knowledged to
me that he/shelthey executed the same in hlslher/their authori:red capacity/les., and that by
hislher/their signature(s) on the' instniment the person(s), or the entity upon behalf of which
person(s) acted, executed theinstrurnent,
Witness my hand and offlCiill seal,
~~p~~,
Capacity' claimed by signer:
o Individual
o Corporate OfflCer(s):
o Partner1s):
o General 0 Umited
o Attorney-in-fact
o TrUstee(s)
o Guardian/Conservator
o Other:
(11tis r<<liOlt is OP11ONAL)
. I<AllENLiWlCllEZ~
~, 1IZClII,
NoIltyA.tll::.,CclIfarlO
biDogo CQrjy -
, "'~_.blnlllll1
Signer is represeotiug:
rnaIM 0/ p417on(8) or t!1Illtyfta))
Altealiou Notary: A1thoughctheinformalioo requested below is OPTIONAL, it could prevent
fraudulent attaChmern of this certificate, to an l1IIllllthorized document.
TIllS CElmnCATE
MUST BE AITACHED
TO,rm:.OOCUMENT
DESCRiJiim ATRIGBT:
Title or Type of Document
Nilmber of Pages Date of Document
Signer(s) Other than~ed Above
Mu.:4laS6 _' 1424122345.0016
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9?'l
StlleofCalifomia
County of Ji,. ,f).1 ''f'''
On~J7~ 0.'.5' ,1997--, before me, ~~ '7J/~ z':33:tt~
1lame. of Q,/fi<<r. e.g.. 'J . l:1I4ry C }
personally appeared "f) tr>-.. /oLi$'~if"_M' :
{l personally known to me -OR-
o proved to me on the lr.iSisofs31isfactory evidence
lObeth~, ~ whose~, @aresubscribedlOthewithininstrumeD!lllld'acla1owledgedto
me tha!~helthey execUll:(litliOSanie'~ltheir authorized c:aPaCity~ .,,,I'tha! by
'@>er/their'Si~on the Instrument the peniOn~, or the entity 'upon behalf of which
_(s) acted,executed lbe instrument,
)
) 55,
)
- WitD~c. mlL hqpd' 2nd nffLdaJ y'
ie' ' _MACllS
"" CXlMM.#Illl92S1, ~
i,o __-~'!
SAHoca;oCOUM'l', __.
; ~ .,' _. ~_~~_SS'21.1~ ,
. .' /
~~~/~r
(Sig...." <t' N I
Capacity claimed by signer:
a Individual
o Corporate Officer(s):
o PartnerCs):
o General ,0 ,Umited
o Attorney-in-fact
o Trustee(s)
o Guardi3nlConservawr
0' Other:
(this Uction ;$ 0P110NAL)
Signer is representing:
(1ItJme O/PI!1';JQII(S) OF. CIlttyfW)) "
AUeotiOD Notary: Although the information requested below is OPTIONAL, it could prevent
frauduJern attachment of this certificaretn an unauthorized document,
THI$, CERTIFICATE
MuST'BE AITACHED
roriiE,ooCuMENr
DES<:RIBEDAT lUGBT:
Tille or Type of Document
Nu~ of Pages _D,aIe of DOcument
Signer(s) Other than Named Above
puBL:4Sl56_1142A12234S.0016
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978
LEGAL DESCRIPTION
THE REALPR0PERTY SITUATED WrrmN COMMUNITY FACILITIES DISTRICT NO
88-l ,OF THE CITY OF roWAY, LCiCATED IN THECITYOFP6WA Y, COUNTY OF
SAN DIEGO, STATE OF CAlIFORNIA, AND MORE PAR11Clrr.ARLY DESCRIBED AS
FOLLOWS, "
LOT 22 OF THE ,CITY OFPOWAY TRACT 87-13, UNIT I, ACCORDING TO MAP
THEREOF NO, 12556, mEDINTHE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990, (APN 17171-317-280-34-00)
LOT 44 OF THE CITY OF POWAY TRAct 87-13, UNIT I, ACCORDING TO MAP
TIlEREOF NO. 12556, mID IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8; t9QO, (APN t7171-317-280-37-(0)
LOT 45 OF THE CITY OF POWAY TRACT 87-13, UNIT I, ACCORDING TO MAP
THEREOF NO, 12556, FlIED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, t990, (APN 17171'317-280-38-00)
LOT 46 OF THE CITY OF roWAY TRACT 87-13, UNIT I, ACCO~ING TO MAP
THEREOF NO, 12556, ffiED'IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990, (APN 17l71-317-280-39-(0)
PARCEL 108 OF PARCEL MAP 16320 FTI.ED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER oN DECEMBER 10, 1990 AS FILE NO, 90-655448 OF OFFICIAL
RECORDS. (APN 17171-3tH80-31-(0)
PARCEL '109 OF PARCEL MAP 16320 FILED IN THE OFFICE OF 1'HE SAN DIEGO
COUNTY RECORDER ON DECEMBER 10, 1990 AS mE NO, 90-655448 OF OFFICIAL
RECORDS, (APN 17171-317-280'52,00)
PARCEL 33 OF PARCELMAP'N9, 16700 mED IN THE OFFICE OF 1'HE SAN DIEGO
COUNTY RECORDER ON DECEMBER 2, 1991 AS FILE 1'10,91-619281 OF OFFICIAL
RECORDS, (APN 17171,317-810-31-00)
LOT 49 AND A PORTION Of LOT 48 OF CITY OF POWAY TRACT 87-13 UNIT 1,
ACCORDING TO MAP rirEREOFNQ, 12556, FlLEDlN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO' COUNTY ON FEBRUARY 8, i990, IN TH:E CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CAUFORMA, AS DEsCRIBED IN
CERTIFICATE OF COMPUA,NCE RECORDED DECEMBER 3, 1993 AS FILE NO, 1993-
0814099 OF OFFICIAL RECORDS, BEING DESCRIBED AS FOLLOWS,
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979
IlEGINNlNG AT A POINT ON THE NORTH' BOUNDARY OF SAID LOT 48
DTST!\NT THEREON SOlJTH 87" lO't7- EASt 53:94 FEET FROM TIlE
tIORTHWE,STCORNER THEREOF; TIlENCE LEAVING SAID BOUNDARY
~O~:: 01'00'16" WEST 307,71 FEET TO A POINT IN THE SOUTHERLy
BOUNDARY OF SAID LOT 48 AND THE TRUE ,POINT OF BEGINNING, SAID
P01NT BEING A POINT ON A 394.50 FOOT RADlUS' CURVE CONCAVE
SOUTHWESTERLY; THE RADIAL TO SAID ro!Nr, BEARS NORTH 31'13'02.
EAST, THENCE RETRACING THE AFOREMENTIONED COURSE NORTH
01'00'16" EASTJ07 7!'FEET, THENCE ALONG THE a6UNDAR Y OF SAID LOTS
48 AND 49 AS FOLLOWS, SOUTH 87'10'17" EAST 71.90 FEET TO TIlE
BEGINNING OF A TANGENT 617,50 FOOT RADIUS CURVE CONCAVE
SOUTHWEStERLY, THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH ANANGLE'OF 31'19'39. A DISTANCE OF 337,63 FEET TO TIlE
NORTHEAST COii.I.ER,OF SAID LOT 49; TIlENCE CONTINUING ALONG SAID
BOUNDARY soutH 46'28'20" WEST 408,65 FEET TO THE SOUTIlEAST
CORNER THEREOF AND A POINT IN A 394.50 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH
49'51'50" EAST, THENCE WESTERLY ALONG SAID CURVE AND SAID
BOUNDARY THROUGH AN ANGLE OF 18'38'-18" A DISTANCE OF 128,39 FEET
TO TIlE TRUE POINT OF BEGINNING, (APN 317,810-35 (lOT 48) and 317,8lO-22
(LOT 49)J,
LOT 50 OF THE CITY OF POW A Y TRACT 87,13 Ul'<TI 1, ACCORDING TO MAP
THEREOF NO 12556, FILED IN THE OFFICE OF THE SAN DlEGO COUNTY
RECORDER ON FEBRUARY 8; 1990, (APN 17!71-317-8tO-23-OO)
LOT 51 OF THE CITY OF POWA Y TRACT 87-13 U",lT I, ACCORDING TO MAP
THEREOF NO, 12556, FlLl~D IN THE OFFICE OF TIlESA;o.; DIEGO COUYrY
RECORVER ON FEBRUARY'8. 1990, (AP~11717t-317-810-24-OO)
LOT 55 )F THE CITY OF POWAY TRACT 87-13, t;1<TI I, ACCORDING TO MAP
THEREc,= 1'10,12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ONFEBRUARYB, 1990, (APN 17171-323-G90-62,00)
TC GETHER \VlTH THOSE PORTIONS OF SOUTH POW A Y PARKWAY AND
5'; OWE DRlVEADIAGENT TO AND ABUTTI1\G SAID LOT 55 AS VACATED
A:'oID CLOSED TOPUBLlC,USE BY RESOLUTION NO, n'062,RECORDED MA Y
12, 1992 AS FILE NO, 1992-ll284902 OF OFFICIAL RECORDS, AND BEL'IG
FURTIlER DESCRIBED AS FOLLOWS,
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
R"DlUS CURVE CONCAVE NORTHWESTERL Y ALONG THE SOUTHEASTERLY
LDIE OF LOT 57 OF SAID MAY NO, 12556, SAID POINT BEING ON THE
WESTERLY LINE OF THE RIGHT OF WAY OF SAID STOWE DRIVE; THENCE
EASTERLY ALONG SAID WESTERLY LINE AND ALONG THE ARC OF SAID
CL'RVE THROUGH A CENTRAL ANGLE OF26' 06' 58. A DISTANCE OF 15,73
FEET TO A ?OM OF CUSP WITH A 3450 FOOT RADIUS CURVE
(Page 2 of 4)
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980
CONCA VE EASTERLY, A LINE RAOlAL TO,SAID CURVE THROUGH SAID
POINT BEARS'SOt'11i:w 07' 58" EAST, THENCE.LEA VING SAID WESTERLY
LINE OF THE RIGRTOF WAY OF SAID STOWE,DRIVE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35' 48' 41" A
DISTANCE OF 21.56 FEET; THENCE TANGENT TO SAID. CURVE, NORTH 88"
19' 17" WEST 467c56FEET TO A POINT ON THE NORTHERLY LINE OF THE
RrGIIT OF WAYOF'SAIDSOUTH POWAY PARKWAY,THENCE ALONG SAID
NORTHERLY LlNESOUTH 88" 40' 07" EAST 165,00' FEET: SOUTH 89' 16' 35"
EAST, 120,02 FEET, SOUTH 88"019' 17" EAST 187,56 FEET TO THE POINT OF
BEGINNING,
LOT 56 OF THE CITY OFPOWAY TRACf 87-13, UNIT I, ACCORDING TO MAP
THEREOF NO, 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990, (APN 17171,323-090-63-(0)
THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION
19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF (APN 1700 1-323-09 i -02-(0)
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
AND THE SOUTHEAST QUARTER-OF THE NORTHViEST QUARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RANGEl WEST, SAN BERNARDINO MERlDIAN, ACCORDING
TO OFFICiAL PLAT THEREOF (APN t7169-323,090-17-(0)
LOT 2 OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERlDlA."I, ACCORDING TO OFFICIAL PLAT THEREOF EXCEPTING THEREFROM
ANY PORTION THEREOF LYING \l!lTIITN CITY OF POW,W TR.~CT 87-13, UNIT I,
ACCORDING TO MAP THEREOF NO, t2556, FILED IN THE OFFICE OF THE SAN
DlEGOCOUNTY RECORDER; FEBRUARY 8, 1990, (APN 17169-323-090-43-QOand 17169-
323-090-66-00)
LOT 3 AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 14, SOUTH, RANGE I "VEST, SAN BERNARDINOMERlDlAN,
ACCORDING TO OFFICIAL PLAT THEREOF EXCEPTING THEREFROM ANY
PORTION THEREOF LYING WITHIN CITY OF POWAY TRAIT 87-13, UNIT 1,
ACCORDING TO ~(AP THEREOF NO, 12556, FILED INIHE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, FEBRUARY 8, 1990, (APN 17171,323-090-65-00)
THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOViNSHIP 14,
SOUTH, RANGE 1 WEST. SAN ,BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLA TTHEREOF EXcEPTING,THEREFROM ANY PORTION THEREOF LYING WITHIN
CITY OF POWAY TRAIT 87'13, UNIT I, ACCORDING TO MAP THEREOF NO, 12556,
FILED lNTHE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 8,
1990, (APN 17171,323-091-03,00)
(page 3 of 4)
.
.
981
, .
LOT is OF THE CITY OF POWAYTRAcr 87'tJ~, UNIT 1, 'ACCORDING TO MAP
TIlEREOF NO, 12556, FILED IN THE 'OFFICE OF TIIE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8. 1990, EXCEPTIN01'HEREFROM l1LU PORTION OF
WI 15 LYING WESTERLY OF A LINE DESCRIBED As';FoIlbws:
COMMENCING AT TIIE SOUTIlEASTERL Y CORNER OF SAID LOT 15; THENCE
ALONG'I'HESOU11lERLY LINE nrEREOF NORTH 87' 40'02" WEST, 299,00
FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO TIIE BURNHAM
FOUNDATION' BY DEED RECORDED DECEMBER 29, 1992 AS fILE NO. 1992-
0833279 OF OFl'lCIA(RECORDS; THENCE ALONG THE EASTERLY LINE
THEREOF NORTH 20' 19' 58" EAST 438,85 FEET TO THE NOR,11lEAST CORNER
OF SAID LAND, (APN 17188-317-280-58-00, fonnerly 17188,317'280-27-(0)
(page 4 of 4)