Private Road Maintenance Agreement 1996-0616841
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RECORDING REQUESTED BY:
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1527
DI[ " 1996-0616841
lO-DEC-1996 09=47 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 18.00 FEES: 46,00
AF: 27.00
Mr: 1.00
.
City of poway
AND WHEN RECORDED MAIL TO:
City Clerk
City of Poway
P,O, Box 789
Poway, CA 92074-0789
This space for Recorder's use
PRNATE ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT supersedes and fully replaces the document entitled "PRNATE ROAD
MAINTENANCE AGREEMENT" dated July 2, 1994 and filed with the County Recorder of San
Diego County, State of California on July 26, 1994 as file No. 1994-0459337 for the
maintenance and repair of that certain private road easernent commonly known as
Westview Road the legal description and/or plat of which is set forth in Exhibit A attached
hereto and made a part hereof beginning at and west of that certain driveway 500 feet plus
or minus west of the eastern terminus of Westview Road in Poway, California, is entered
into between
Thomas A. Nodes and Beverly R, Nodes, husband and wife, William J. Kimball Trustee for
Kimball Family Trust, Donald Cook and Barbara Cook, husband and wife, Glen D. Zachman
and Candace Zachrnan, husband and wife, and Sally R, Wixted, a single woman and
Andrew Pave1chek, a single man.
(hereinafter referred to as "lot owners) and the CITY OF POWAY (hereinafter referred to as
"CITY") for the benefit of current and future lot owners who will use the private road
easement,
WHEREAS, it is the mutual desire of the parties hereto that said private road easement
be maintained in a safe and usable condition by the LOT OWNERS, A referenced legal
description of the real property hereinafter referred to as the PROPERTY is attached labeled
Exhibit B, and incorporated by referenced; and,
WHEREAS, it is the mutual desire of the parties hereto to establish a method for the
maintenance and repair of said private road easement and for the apportionment of the
expense of such maintenance, and repair among existing and future LOT OWNERS, and,
WHEREAS, the CITY shall be deemed a party here to with the right but not the
obligation to enforce full compliance with the terms and conditions of the Agreement; and,
WHEREAS, it is the mutual intention of the parties that ~s Agreement constitute a
covenant running with the land, binding upon each successive LOT OWNER of all or any
portion of the property, NOW, THEREFORE,
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IT IS HEREBY AGREED AS FOLLOWS:
1. The propettYbenefitted by this Agreernent, and present and successive LOT OWNERS
of all or any portion of the property are expressly bound hereby for the benefit of the land,
2. In the event any of the herein described parcels of land are subdivided, or any
additional parce1(s) not originally contemplated by this Agreement gains access to said
private road easement and associated automated gate, the LOT OWNERS, heirs assigns and
successors in interest of each such newly created parcel or additional parcel shall be liable
under this Agreernent for their then pro rata share of expenses and such pro rata shares
shall be computed to reflect such newly created or additional parcels,
3, It is the mutual desire of the parties hereto that the road maintenance costs incurred
during each period be equitably divided among the participating parties such that that the
cost for each lot is pro rated based on the length of the road utilized by each participating
party and such that those with undeveloped but developable lots contribute one third that of
those with developed lots whose usage is assumed to be greater. LOT OWNERS of
undevelopable / unusable lots (open space parcels) are not expected to contribute to these
costs.
Specifically the road maintenance costs in each "PERIOD" for each party shall be
composed of a road maintenance share, SHARE_R, these shares shall be equitably divided
among the herein described parcels and be paid by the LOT OWNER or the heirs, assigns and
successors in interest of each such owner and the contribution by each parcel shall be
computed as follows:
The total number of shares, "TOT_SHARES", shall be equal to the sum of the total
number of "UNDEVELOPED" parcels plus three (3) times the total number of "DEVELOPED"
parcels.
Given the RL, total road length and ALj, road length to access for jth lot then
For LOT "j", the road maintenance share, SHARE_Rj, shall be
SHARLRj = 3 * ALj /(TOLSHARES * RL) for "DEVELOPED" LOTs
and
SHARE_Rj ~ ALj /(TOT_SHARES * RL) for "UNDEVELOPED" LOTs
Where:
RL is total length of that portion of Westview Road from that certain driveway 500
feet plus or minus west of the intersection of Running Deer Trail and Westview Road to
that certain Cui De Sac located 4,300 feet plus or minus from the intersection of
Running Deer Trail and Westview Road, to be maintained under this agreement, For
the purposes of this agreement RL is taken to be 3,800 feet,
and
ALj is the length in feet along Westview Road from that certain driveway 500 feet
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1529
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plus or minus west of the the intersection of Running Deer Trail and Westview Road to
the driveway or access off of Westview Road for LOT "j" or if more then one usable
access exists for LOT "j", the furthest (longest length from Running Deer Trail along
Westview Road) frequently used access point for LOT "j" where frequently used access
point is defined as any driveway or other access off of Westview Road utilized on the
average two or more times per week averaged over the current "PERIOD" for the
benefit of LOT "j". If the parcel is classified as undeveloped or if there is no
identifiable frequently used access point along the easement for parcel "j", then the
furthest point (longest length from Running Deer Trail along Westview Road) along
the easement which is also located within or along the boundaries for said parcel shall
be used to compute the distance from the intersection of Westview Road and that
certain driveway 500 feet plus or minus west of the from the intersection of Running
Deer Trail and Westview Road, ALj
4, For the purposes of this agreement, a "DEVELOPED" parcel shall be defined as a
parcel or lot covered under this agreement which has at least one habitable dwelling or
other structure enclosing at least 500 square feet contained within the lot's boundaries or
for which a building or grading permit has been granted or upon which resides livestock
which require regular care (two or more =visits per week averaged over the current
"PERIOD"), All other parcels shall be considered "UNDEVELOPED" or undevelopable /
unusable parcels, An undevelopable / unusable parcel (formally deeded or easemented
primitive open space for conservation purposes with no public access) are not allocated cost
shares or decision votes under this agreement and need not contribute to the costs covered
herein, For voting and decisions carried out under this agreement, each undeveloped
parcel is granted one vote and each developed parcel is granted one vote,
5, The "PERIOD" shall be the interval of time over which costs are cornpiled and cost
shares computed for each LOT, The "PERIOD" may range from one month to six months at
the discretion of the agent (see paragraph #8 for a description of the agent).
6, The repairs and maintenance to be performed under this Agreement shaH be limited
to the fo1\owing, unless the consent for additional work is agreed to by a majority vote of
the LOT OWNERS owning 100% of the number of parcels, including subdivisions thereof and
additions thereto as described in paragraph 2 above, Reasonable and normal road
improvement maintenance work to adequately maintain private road easement and
associated drainage facilities to permit all weather access and emergency vehicles access,
Repairs and maintenance under this Agreement shall include but is not limited to repairs to
the normal maintenance of the road, filling of chuckholes repairing cracks, repairing and
resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris,
trimming weeds, maintaining signs, markers, striping and lighting, if any and work
reasonably necessary to repair and preserve the easement for a1\ weather access and
emergency vehicles road purposes, Operating costs covered under this agreernent shall be
limited to liability insurance specific for the private road easement.
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'7 Any extraordinary repair required to correct damage to said road easernent that
results from action taken or contracted for by party hereto or their successors in interest
shall be paid for by the party taking action or party contracting for work which caused
that necessity of the extraordinary repair. The repair shall be such as to restore the road
easernent to the condition existing prior to said damage,
8. The agent shall oversee the collection of expenses and contract and oversee all acts
necessary to accomplish the repairs and maintenance required and/or authorized under
this contract shall be selected by direction of the majority of the LOT OWNERS, The. parties
further agree that the agent may at any time be replaced at the direction of a majority of
the LOT OWNERS, For individual repairs or maintenance estimated to cost less then $250,00
and not to exceed a total of $600,00 per period, the agent may perform such acts on his own
initiative utilizing his own judgement on the selection of method and implementation
without consultation with the LOT OWNERS, For all other acts, the repair and rnaintenance
work shall be commenced when a majority of the LOT OWNERS agree in writing that such
work is needed. Unless otherwise stipulated in writing by a majority of the LOT OWNERS, the
agent shall obtain three bids from licensed contractors and shall accept the lowest of said
three bids and shall then initiate the work, The agent shall be paid for all costs incurred,
including a reasonable compensation for the agent's services, and such costs shall be added
to and paid as a part of the repair and maintenance cost; provided, however, that
compensation for the agent's services shall in no event exceed an amount equivalent to 10%
of the actual cost of repairs and maintenance performed. In performing his duties, the
agent shall once per period notify the parties of the amount due and each party shall
within forty-five (45) days pay the agent, who shall maintain a trustee account and also
maintain accurate accounting records which are to be available for inspection by any
party to this agreement or their authorized agent upon reasonable request. All such
records shall be retained by the agent for a period of five years, At least once per year the
agent shall provide to each party a breakdown of all costs.
9. Should any LOT OWNER fail to pay the pro rata share of costs and expenses as provided
in this Agreement, then the agent or any LOT OWNER or OWNERS shall be entitled without
further notice to institute legal action for the collection of funds advanced on behalf of
such LOT OWNER in accordance with the provisions of California Civil Code Section 845, and
shall be entitled to recover in such action in addition to the funds advanced, interest
thereon at the current prime rate of interest, until paid, all costs and disbursements of such
action, including such sum or sums as the Court may fix as and for reasonable attorney's
fees,
10. LOT OWNERS shall jointly and severally defend and indemnify and hold harmless
CITY, CITY's engineer, and their consultants and each of their officials, directors, officers,
agents and employees from and against all liability.' claims, damages, losses, expenses,
personal injury and other costs, including costs of defense and attorney's fees, to the agent
hereunder, or to any LOT OWNER, any contractor, any subcontractor, any user of the road
easement, or to any third persons arising out of or in any way related to the use of, repair
or maintenance of, or the failure to repair or maintain the private road easement,
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Nothing in the Agreement, the specifications or other contract documents or CITY's
approval of the plans and specification or inspection of the work is intended to include a
review, inspection, acknowledgement of a responsibility for any such matter, and CITY,
CITY's engineer, and their consultants, and each of their officials, directors, officers,
employees and agents, shall have absolutely no responsibility or liability therefor.
11. If in the CITY's sole judgment said private road easement is not being maintained to
standards set forth in paragraph 6 of this Agreement, the CITY rnay thereupon provide
written notice to all LOT OWNERS to initiate repairs or construction within ninety (90) days,
Upon failure to demonstrate good faith to rnake repairs or construction within ninety (90)
days, the LOT OWNERS agree that the CITY may make all needed repairs to said road easement
and/or construct said road to meet the standards set forth in paragraph 6 and to then assess
costs to all LOT OWNERS proportionately as defined in paragraph 3. The agent shall be
responsible for collecting the assessments and ensuring payment to the CITY, If the agent
fails to collect the assessments for any reason, the CITY rnay pursue the remedy provided for
LOT OWNERS in Paragraph 9 hereof, or any other remedies at law or in equity,
12, If the CITY elects to make necessary repairs in accordance with paragraph 11 above,
said work shall be without warranty, Said repair shall be accepted "as is" by the LOT
OWNERS without any warranty of workmanship and be guaranteed and inderrmified by
them in accordance with paragraph 9,
13, The foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the land of each of the LOT OWNERS and each and every person who shall at
anytime own all or any portion of the property referred to herein.
14, It is understood and agreed that the covenants herein contained shall be binding on
the heirs, executors, administrators, successors and assigns of each of the LOT OWNERS,
15, It is the purpose of the signators hereto that this Instrument be recorded to the end
and intent that the obligation hereby created shall be and constitute a covenant running
with the land and any subsequent Purchaser of all or any portion thereof, by acceptance of
delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented
to and become bound by these presents, including without limitation, the right of any
person entitled to enforce the terms of this Agreement to institute legal action as provided
in paragraph 9 hereof, such remedy to be cumulative and in addition to other remedies
provided in this Agreement and to all other remedies at law or in equity.
16, The terms of this Agreement rnay be amended in writing upon unanimous approval
of the LOT OWNERS and consent of the CITY,
17. This Agreement shall be governed by the laws of the State of California, In the event
that any of the provisions of this Agreernent are held to be unenforceable or invalid by any
court of competent jurisdiction, the validity, and enforceability of the remaining
provisions shall not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter:
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Tax Assessors Number: 321-100-38
OWNERS: __ ~~
DO~k
Date: "/'/90
-'k,l/c_~{~_~/~ __
Barbara Cook
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T~ """wn N"",be" 321-100-39 1M" Ii - ~
OWNERS: l:L?Dc~ at;-L~~
en D, Zachman O~ Candace ZaChm~~----------
****,*******************************************************************
321-111-21
321-111-23 & 321-110-46
Tax Assessors Number: 321-110-45 Date: /t:?~~h
OWNERS~~4~
~A.NOd~
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Beverly R.~des
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Tax Assessors Number:
321-110-02
Date:
1(- y-'?'C
OWNERS: _~~~ ~~~zc.~.l.~
William J. KiiKb~l Trustee tor Kimball Family Trust
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SALLJ~ ~)iJJ:j
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REW PAVELCREK
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ACCEPTED:
CITY OF POWAY
?VJd .:S_W~
BY ____________
Date:
Date:
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1533
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1534
STATE OF CALIFORNIA,
COUNTY OF
SAN DIEGO
} S.S.
On
NOVEMBER 1, 1996
, before me, DOREEN E. TOWNLEY
, a Notary Public in and for said County and State, personally
appeared
DONALD COOK AND BARBARA COOK
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
FOR NOTARY SEAL OR STAMP
I~..."", DOREEN E. TOWNLEY f
- 'COMM. #10548Tl
~ db NOTARY PU8L1C-CAlIFORNfA :;;
U SAN DIEGO COUNTY ()
1 '. My cAPR~2J~1~~r.. I
WITNESS(~d official seal.c-:,
Signature ,.5< , "N""'>- C,
~G~~
STATE OF CALIFORNIA,
COUNTY OF
SAN DIEGO
} S.S.
On
OCTOBER 27, 1996
, before me,
, a Notary Public in and for said County and State, personally
DOREEN E. TOWNLEY
appeared
THOMAS A. NODES AND BEVERLY R. NODES
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
FOR NOTARY SEAL OR STAMP
_-' - - t= ~..~r-- I
~ . "" O"'RFE"l E, ,1~'WI,LF-Y
~ "6MM, """or, n
- ' tlOfARY PUIJcIC.c~L~<)~ ~
~ -iA ~A~r;,;~f~i\;nO~X~ir8S .J.
i' Y APRIL 24.1999 \
WITNE~ and official se~ U ,
Signature 1C1J. () 0 ,,~ ' I Q.U \ f\~
TE 160 Legal (2-94)
This form is furnished by Chicago Title Company
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1535
STATE OF CALIFORNIA,
COUNTY OF
SAN DIEGO
} S.S.
On
NOVEMBER 11, 1996
, before me, DOREEN E. TOWNLEY
, a Notary Public in and for said County and State, personally
appeared
GLEN D. ZACHMAN AND CANDACE ZACHMAN
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
FOR NOTARY SEAL OR STAMP
[@",,,',DOREENE.TOWNLEY f
() t COMM, #1054877
II) . NOTARY PU8lfC.CAlIFORNIo\ 16
0, J.~CoN DIE~ COJJNTY 0
J . "'r APRli4~,~ 1
WITNE~d and official seal.
Signature l <;:L-~\ULJ'Y\ ~ .
"--\ ~\:)..~ 9.. <:t ~
STATE OF CALIFORNIA,
COUNTY OF
SAN DIEGO
} S.S.
On
NOVEMBER 4, 1996
, before me, DOREEN E. TOWNLEY
, a Notary Public in and for said County and State, persomtlly
appeared
WILLIAM J, KIMBALL, TRUSTEE
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/herltheir
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
FOR NOTARY SEAL OR STAMP
'@""OO
o "',. ciE~~ E. TOWNLEY 1
~ -...' NOSTARYPUBl~l\P~ 0
, u.~N DIE~ COUNTY II)
J . -'r Comm'SilOn ~ea ~
- APRli.24,I999 J
WITNESUd and official se(l1
Signatur _ (09. Q Q r-" 'e '
~,o-',u~
TE 160 Legal (2-94)
This form is furnished by Chicago Title Company
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, .Siat~. of. California
. County of SAN DIEGO
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I}'
On NOVEMBER 19. 1996 before me, DOREEN E. TOWNLEY
(here insert name and tnle of the officer)
personally appeared SAl.l,Y R. WIXTED AND ANDREW PAVF.l,f:HEK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the wnhin instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on t ' ment the person(s), or the enmy upon
beha~ of which the person(s) acted, executed the instrum. ent. ~., DOR-EN E
.,.... t:, TOWNLEY
WITNESS my official hand and seal. (j I. ,'oCOMM, #1054877 0
f/l ~;r; , T AHY PUBllC.cALFORNIA 1Il
Q 2 ~ (J., JAN DIEt;lQ COJJNJY 0
. Y CommISSIOn Expires .....
Signature- Q 0 I:l 'i'f',.' Q ~ QAJ J APRil. 24, 1999 I
S[}.39
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1"5.37
EXHIBIT "A"
A STRIP aF, LAND 60.00 FEET IN WIDTH AND .BEING A paRT IaN aF
LaTS 1. 2. 3 AND 4 IN SECTIaN 4, To.WNSHIP 14 saUTH, RANGE 1
WEST. SAN BERNARDINO. B)i.SE AND MERIpIAN, IN THE Co.UNTY aF SAN
DIEGO.. STATE aF~' CALIFaRNIA, Acc6RDING TO. UNITED STATES
Go.VERNMENT SURVEY APPRaVED JANUARY 13, 1883, THE CENTERLINE
aF SAID STRIP BEING DESCRIBED AS FaLLaws:
BEGINNING AT A PCH-r:l'r qN THE EASTERLY LINE aF Lo.T 1 aF SAID
SECT IaN '4, WHICH IS DISTANT THEREaN saUTH 1;1l'19" EAST. 368.91
FEET FRaM THE NaRTHEAST caRNER THEREaF; THENCE saUTH 59021'40"
WEST. 206.16 FEET TO. THE BEGINNING aF A TANGENT 200.00 FaaT
RADIUS CURVE caNCAVR No.RTHERLY; THENCE WESTERLY ALaNGSAID
CURVE THRaUGH A CENTR"J>,t" ANGLE aF 26'042' 30" '. A DISTANCEaF
93.23 FEET; THENCE TANGENT TO. SAID CURVE saUTH 86004'10" ~EST,
151.16 FEET TO. THE saUTHEAST caRNER aF LAND CONVEYED TO. NEIL
TRIVETT. ~ET UX. BY DEED DATED MARCH r5" 1955 AND REcaRDED IN
BaaK 5061. PAGE 294 aF aFFICIAL REcaRDS; THENCE ALaNG THE
saU,THERLY BaUNDARY aF SAID LAND AS FaLLaws: saUTH 86004' 10"
WEST. 83,01 FEET TO. THE BEGINNING aF A TANGENT 500.00 RADIUS
CURVE CONCAVE No.RTHERLX; THENCE WESTERLY ALONG SAID CURVE
THRalJGH A CENTRAL ANGLE OF 15024'30". A DISTANCE OF LJ4.46
~ .
FEET; THENCE TANGENT ~a SAID CURVE NaRTH 78.11'20" WEST. 137.23
FEET TO. THE BEGINNING aF A TANGENT 900.00 FaaT RADIUS CURVE
caNCAVE saUTHERLY; THENGE WESTERLY !:,LaNG SAID CURVE THRaUGH
A CENTRAL ANGLE o.F 14.0,7'30' A DISTANCE af 221.87 FEET; THENCE
TANGENT TO. SAID CURVE saUTH 87021'10" WEST, 119.27 FEET TO.
THE MaST EASTERLY caRNER aF LAND CaNVEYED TO., CHARLES J. SCHULTZ.
ET UX, BY DEED DATED J,UNE 4. 1954 AND REcaRDED IN BaaK 5294,
PAGE 337 aF o.FFICIAL, REcaRDS; THENCE ALaNG THE saUTHEASTERLY
BaUNDARY aF sAID SCHULTZ LAND saUTH 74019'10" WEST., 95,71 FEET
TO. THE BEGINNING aF A TANGENT 250.00 FaaT RADIUS CURVE caNCAVE
saUTHEASTERLY; THENCE saUTHWESTERLY ALaNG SAID CURVE THRaUGH
A CENTRAL ANGLE aF 30039'50" A DISTANCE aF 133.80 FEET; THENCE
TANGENT TO. SAID CURVE. saUTH 43039"20" lliEST. 56,47 FEET TO.
THE BEGINNING aF A TANGENT 300.00 FoaT RADIUS C.URVE caNCAVE
NaRTHWESTERL Y; THENCE saUTHWESTERL Y ALaNG SAID CURVE THRaUGH
A CENTRAL ANGLE aF 23020'30" A DISTANCE aF 122.22 FEET TO. THE
BEGINNING aF A caMPaUND 1.328.28 FoaT RADIUS CURVE caNCAVE
NORTI1WESTERL Y; THENCE saUTHWESTERL Y A'LaNG SAID CUR'VE THRaUGH
A CENTRAL i\NGLE aF 7028' A DISTANCE aF 173.10 FEET; THENCE
TANGENT TO. SAID CURVE saUTH 74027'50'" 'liEST. 64.79 FEET; THENCE
NaRTH 75'36,'00 WEST, 614.54 FEET; THENCE NaRTH 79016'00" WEST.
541.4,6 FEET: THENCE saUTH 88051'00" I-JEST, 403,30 FEET; THENCE
saUTH 85041'00" WEST, 293.11 FEET; THENCE SOUTH 74'55'00" WEST.
646.84 FEET; THENCEsaUTH 51'15.'00" I'IEST, 193.75 FEET; THENCE
saUTH 33'43'00" WEST, 357.50 FEET; THENCE SOUTH 25010'00" WEST.
375;00 FEET. MaRE OR LESS. TO. THE saUTHERL Y !.. INE OF SAID LOT
4 .
TOGETHER \-JITH THAT paRT IaN aF THE saUTHWEST QUARTER OF THE
NaRTHWEST QUARTER OF SECTION 4 TOWNSH I P 14 SOUTH. RANGE 1,
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1538
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WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO" STATE ,OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED AUGUST 29, 1890, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTiER OF SECTION 4 DISTANT THEREON SOUTH
88044'57" EAST 2.64.62 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 42019' 5 2" WEST 389.26, FEET ,TO THE WEST LINE OF SliID
NORTHWEST QUARTER; THENCE ALONG SAID WEST LINE SOUTH 0028'25"
EAST 497.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 36040'00"
EAST 212.32 FEET TO THE BEGINNING OF A TANGENT 56.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY AND WESTERLY; THENCE EASTERLY, NORTHERLY
AND WESTERLY ALONG SA~D CURVE THROUGH A CENTRAL ANGLE OF
246042'44" A DISTANCE OF 241.13 FEET TO THE BEGINNING OF A
REVERSE 30.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWES'TE~LY ALONG SAID CURVE THROUGl:I A CENTRAL ANGLE OF
660'42'44" A D.ISTANCE OF 34.93 FEET; THENCE TANGENT TO SAID CURVE
NORTH 36040'00" WEST 113.72 FEET; THENCE NORTH 0028"25" WEST
454.08 FEET; THENCE NORTH 42019'52" EAST 338.45 FEET; THENCE
SOUTH 880'44"57" EAST 4,12.38 FEET; T,HENCE, NORTH 0028'25" WEST
60..03 FEET TO A POINT ON SAID N()RTH LINE OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER; THENCE ALONG SAID NORTH LINE NORTH
88044'57" WEST 437,87 FEET TO THE POINT OF BEGINNING.
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1'539
EXHIBIT "B"
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 14 SOUTH. RANGE 1 WEST.SAN BERNARDINO BASE AND MERIDIAN IN THE, IN THE
COUNTY OF SAN DIEGO. STATE OF CAIlFORNJA, ACCORDING TO UNITED STATES GOVERJ'\lMENT
SURVEY APPROVED AUGUST 29,1890 (APN # 321-100-381
TOGETHER WITH
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE
1 WEST,SAN BERNARDINO BASE AND MERIDIAN IN THE, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED AUGUST 29. 1890
(APN # 321-100-391
TOGETHER WITH
THE PARCEL 1, PARCEL 2, AND PARCEL 3 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CAliFORNIA, AS SHOWN ON PAGE 17458 IN BOOK OF PARCEL MAPS, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15.1994,
(APN # 321-111-21, 321-111-23, 321-110-46, & 32 H1D-4Sl
TOGETHER WITH
LOTS 3 AND 4 IN SECTION 4, TOWNSHIP 14 SOUTH. RANGE 1 WEST,SAN BERNARDINO BASE AND
MERIDIAN IN THE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED JANUARY 13, 1883 (APN #321-110-02)
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