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Reciprocal Parking, Access and Maintenance Agreement 2002-0097736 ~ ,. \, r1' II), fi (}. t/( 1\"/ IU .., . DOG. 2002-0097736. i RE CORD lNG REQUESTED BY AND-004982' WHEN RECORDED RETURN TO: FEB 05, 2002 9:26 AM OCFICIAL RECORDS SAN DIEGO r.mm' REaJRDER'S OFFICE GREim' J~SHITH, COIJffi' RECOROCR FEES: 0.00 WAY: 2 City' Clerk City of Poway P.O. Box 789 ,Poway, CA 92074 11111111111111111111111111111 2002.0097736 Space Above Line for Recorder's Use Only Exempt From Recording Fee Pursuant to Government Sec~ion 27383, RECIPROCAL PARkING. ACCESS. AND MAIN'FENANCE AGREEMENT Code THIS RECIPROCAL PARKING, ACCESS, A."ID MAlNTENAl"J'CE AGREEMENT ("Agreement") is executed 'September 25, 2001 between POW A Y REDEVELOPMENT AGENCY, a public body ("Agency"), and POW A Y RHF HOUSING, INC., a California corporation ("PRHI"), with reference to the following facts: RECIT.A.LS A. Agency is.the,owner of Parcel I of Parcel Map No. 18617 in the City of Poway ("City") and County o(San ,Diego, California ("Agency PropertY"), on which the connruc,ion of approximately'eiihty-four(84) affordable senior apattments is proposed, with'a paved surface parking area containing approximately 101 spaces ("Agency Parking Area"). A legal description oithe Agency,Property is attached hereto as Exhibit "A". The Agency Parking Area is more particularly described in the Attached Exhibit "B". B. PRHI is the owner of Lot 2 of Map No. 186J 7 in the City and County of San Diego, California ("PRHIProperty"), on which an existing independent living residential senior project known as the Gate\lfayProject is located and a proposed 55,318 sq. it, senior assisted living facility is to be constructed: The parcel has a pavedsllrface parking,area containing approximately 100 spaces ("PRHI Parking Area"). A legal description of the PRHI Property is attached hereto as Exhibit "C". The PRHI Parking Area is more particularly described in the Attached' Exhibit "B". C. The Agency Property and the'PRHI Property are immediately adjacent to each other. D.' On April 25. 2000, the City,Council of the City adopted Resolution No. P-00c31,in'which it approved Conditional Use Permit 00-02 and Development Review 00-02 ("AffordableApprovals") t.o allow for the construction of the 84-unit affordable' senior apartments on the, Agency Property. E. On April 25. 2001}, the City Council of the City adopted Resolution No. P-OO-32, in which it approved Conditional Use Permit 00-03 and Development SD_DOCS1270174,4 [W'l7] Dl2.tS J" c.&f-<j , ft,o:J-bl..&~~ I?. I$'O'.H i "" O'J,OJ.V " . '004983 . Review 00-03 ("Assisted Living Approvals") to allow for the construction ofa 66-unit.assisted livingfacility on Parcell of Parcel Map No. 18617. F. Both the Affordable Approvals and the Assisted Living Approvals require that a reciprocal access, parking, and maintenance agreement between Lots 4 and 5 of Map No. 11187 be recoTded prior to the issuance of a building permit. G, Agency and PRHI intend for this Agreement to satisfy the requirement of the Affordable Approvals and the Assisted LivingApprovals to provide such a reciprocal access, parking and maintenance agreement prior to the issuanc'e of a building permit. H. Agencyandp'RHI as record owners of their respective properties, or any successor in interest or assignee, of the fee simple title to orother,interest in any such property, is herein called an "Owner". The Owners now desire to formalize their rights and obligations respecting such parking, access, and maintenance for the benefit of the Owners and their successors:and assigns and theirrespective principals, agents, employees, guests, patrons, licensees, contractors, tenants" occupants and in vi tees who maybe properly engaged at any time in duly authorized. functions, operations or activities ("Users") at and upon the Agency Property or PRHI Property, on terms and conditions more fully contained in this instrument. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable, consideration, the receipt and 'adequacy of which are hereby acknowledged, the Owners hereby agree as follows: ARTICLE 1. GRANT OF EASEMENTS AND RESTRICTIONS 1.1 Grant of Access. Agency hereby grants to PRHI a non-exclusive perpetual easement for pedestrian and vehicular ingress and egress as between the PRHI Property, on the one hand, and the Agency ParkingArea, on,the other hand, on, over or across all existing or future roadways, driveways or Agency Parking Area situated at any time upon the Agency Property. ERHI hereby grants to Agency a non-exclusive perpetual easement for pedestrian and vehicular ingress and egressas,between the Agency Property; on the one hand, and the PRHI Parking Area, on the other hand, on, over or across all existing or future roadways, driveways or PRHI Parking Area situated at any time upon the PRfII Property. 1.2 Grant of Parking Easement. Agency hereby specifically grants to PRHI a non-exclusive easement for .the parking of vehicles within the Agency Parking Area. PRHI hereby specifically grants to Agency a non'exclusive easement for the parking of vehicles within the PRHI Parking Area. 1.3 Benefited Propertv. Subject to the'provisions of Section 3.2 below, each of the foregoing access and parking easements shall benefit, respectively, the Agency Property and PRHI Property, and the Owner thereof, and any Users, 1.4 ConditiOns of Easements. Each oftheforegoing access and parking easements shall be subject to the following conditions and restrictions: 2 sD_DOCS\270174,4IW97] . e>4984 (a) Priori tv and Control. All such usage of the Agency Parking Area shall be subject and subordinate to, and shall not interfere with, the reasonable use and enjoyment thereof by Agency or its agents, employees, tenants, subtenants, contractors, guests, patrons and invitees. All such usage of the PRHI Parking Area shall be subject and subordinate' to, and shall not interfere with, the reasonable use and enjoyment thereof by PRHI or it.s agents, employees, tenants, subtenants, contractors, guests, patrons and invitees. Accordingly, Agency shall have the sole and exclusive control of the AgencyParking Area and PRHI shall have the sole and exclusive control of the PRHI Parking Area. (b) Securitv. Owners shall have.no obligation to provide any security guards, parking attendants or'other personnel or facilities to park or safeguard any such vehicles of Users, other than City required lighting. (c) Costs. PRHI shall not be obligated to pay any maintenance or other costs or expenses associated with PRHI's use of the Agency Parking Area and Agency shall.not be obligated to pay any maintenance or other costs or expenses associated with,Agency's use of the PRHI Parking Area, other than as specifically provided herein. (d) Compliance. All persons using parking spaces in the Agency Parking Area or PRHI Parking Area shall do so at their own risk and shall comply with all governmental laws, ordinances, orders, decrees or other requirements applicable thereto, al1 provisions of this Agreement and all reasonable nondiscriminatory rules and regulations adopted or amended by Owners from time to time. (e) Temporary Exclusion of Use. After notice to the other Owner (as far in advance as reasonably possible under the circumstances, stating the grounds or reasons therefor), and notwithstanding any previous or then- existing preferences, customs or practices of the parties, Agency may temporarily close all or any portions of the Agency Parking Area and PRHI may temporarily close all or any portions of the PRHI Parking Area for repairs or alterations, or in order to prevent a public dedication thereof or accrual of prescriptive rights therein, provided, however, that prior to any such closure, Age~cy or PRHI shall also attempt to coordinate such activities so as to minimize any interference with the other Owner's operations. (f) Free from Obstructions. Subject to reasonable, nondiscriminatory rules 'and regulations of each Owner, Agency shall keep access areas and the Agency Parking Area, and PRHI shall keep access areas and the PRHI Parking Area, free and clear of any obstructions and may restrain any unauthorized persons from improperly using the same. (g) Use.Areas. It is intended that parking shall occur on a non- exclusive, unreserved (random select) basis and that no areas shal1 be marked or 3 SD_DOCS\270174.4 [W97l . . 004985 designated (whether by signs, chains, fences or in any other manner) for the exclusive use of Agency, PRHI, or any User. In addition, nothing contained herein shall be construed to authorize any party, including Agency,PRHI, and Users, or any other person or entity, to enter upon or use any portions of the Agency Parking Area or the PRHI Parking Area in any way or for any purpose other than as specifically provided herein. (h) Nuisances. No noxious or offensive activity shall be carried out on the Agency Parking Area or the PRHI Parking Area, and nothing shali be done thereon which may be a nuisance to either Owner or its permittees or interfere with their respective quiet enjoyment thereof. (i) Enforcement. Either Owner, at that owner's expense and without any liability to the other Owner, may tow away any unauthorized vehicle which is parked or otherwise in violation of this Agreement, may attach violation stickers or notices thereto, may attach de,>;ices immobilizing such vehicle without causing undue injury or damage thereto, or may impose reasonable parking or removal charges or penalties with respect to any such vehicle, and may implement other reasonable enforcement measures. ARTICLE II. PROPERTY MAINTENANCE AND OBLIGATIONS 2.1 Maintenance Responsibilitv and Standards and Cost Allocation. (a) Agency shall have sole control and full responsibility for the maintenance, repair, alteration, operation and replacement from time to time of the Agency Parking Area and other appurtenances in a clean and neat condition and appearance appropriate for a project of a.similar type or types situated in the City. Agency shall not, however, have any maintenance or repair obligations of the Agency Parking Area until such time that Agency or a third party has obtained a building permit to begin construction of the affordable senior apartments on the Agency Property. (b) PRHI shall have sole control and full responsibility for the maintenance, repair, alteration, operation and replacement from time to time of the PRHI Parking Area and other appurtenances in a clean and neat condition and appearance appropriate fora project of a similar type or types situated in the' City. (c) Agency and PRHI agree to allocate the reasonable costs of maintaining and repairingJhe Agency Parking Area, as well as the private access ways or roadways described inJhisAgreement, based on a formula that reflects the daily automobile trips to be generatedfroni the Agency Property and PRHI Property. Based on the existing approved uses, the allocation of maintenance' and repair costs as between the Agency and PRHI is 66% to PRHI and 34% to Agency. Until such time that Agency or a third'party has obtained a building permit to begin construction of the affordable senior apartments on the Agency Property, however, PRHI shall be 100% responsible for the maintenance and repair costs of the Agency 4 SD_DOCSI270174.4IW97l . . 004986' Parking Area.. Agency and PRHI agree to cooperate in good faith to coordinate maintenance and repair of the Agency Parking Area and private access ways or roadways to the maximum extent possible. Prior to executing any contract with a third party to maintain or repair the Agency Parking Area or private access ways and roadways, Agency shall provide a copy of the proposed contract to PRHI. PRHI shall accept or reject the contract in writing within ten (1.0) days after receiving a copy of the contract. IfPRHI accepts the contract, it shall be responsible to pay its percentage share of the work authorized under the contract and pursuant to the terms of the contract. IfPRHI rejects the contract, PRHI shall have thirty (30) days to execute a new contract with a different contractor that can perform the same extent and quality of work at a lower cost and the parties shall be responsible to pay their respective percentage share of the cost described in the new contract. IfPRHI is unable to execute a new contract within thirty (30) days, the original contract shall be executed and PRHI shall be required to pay its percentage share of the cost described in the original contract. 2.2 Transfer Obligations. Each Owner of the Agency Property or PRHI Property shallgive notice' of any sale or other voluntary transfer of all or any portion of such property to the other Owner. Each such Property as so further transferred shall continue to be subject to the terms of this Agreement in all respects. 2.3 Condemnation. In the event of a condemnation or a sale in lieu thereof concerning all or any portion of the Agency Property or PRHI Property, the award or purchase price paid for such taking shall be paid to the Owner of such land so taken; it being the intent of any party who might have an easement or other property interest or right under this Agreement in the land so taken, to release and/or waive such property interest or right with respect to such award or purchase price; provided, however, that such other party shall have the right to seek an award or compensation for the loss of its easement right, but only to the extent that such award or compensation paid or allocated for such loss does not reduce or diminish the amount paid to the party owning such land. 2.4 Agencv Indemnitv. Agency agrees to defend, indemnify, protect and hold PRHI and its agents, officers, tenants, invitees, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to PRHI's agents, officers, tenants, invitees, or employees, which arise from or are connected with, and are caused or claimed to be caused by, the acts or omissions of Agency, and its agents, officers, tenants, invitees, or employees, in exercising the rights provided in this Agreement concerning the PRHI Property; provided, however, that Agency's duty to indemnify and hold harmless shall not include any claims or liability arising from the established negligence or willful misconduct ofPRHI, its agents, officers, tenants, invitees, or employees. Agency and PRHI agree that, in the event of any joint or concurrent negligence, they will apportion any established or agreed upon liability proportionate to their respective degree of fault. Agency shall have the right to select legal counsel to represent PRHI subject to PRHI's reasonable approval. PRHl may make all reasonable decisions with respect to its representation in any legal proceeding, except that if during the proceeding a settlement demand is made and Agency is willing to satisfy the settlement demand and PRHI rejects such settlement demand, Agency's indemnity obligation in the proceeding shall'from that point forward not exceed the amount of the settlement demand, 5 SD_DOCS\270174,4 [W97l . . 004987 2.5 PRHIIndemnitv. PRHI agrees to defend, indemnify, protect and hold Agencyal1d. its agents, officers, tenants, invitees; and employees hannless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency's agents, officers, tenants, invitees, or employees, which arise from or are connected with, and are caused or claimed to be caused by, the acts or omissions ofPRHI, and its agents, officers, tenants, invitees, or employees, in exercising the rights provided in this Agreement concerning the Agency Property; provided, however, that PRHI's duty to indemnify and hold harmless shall not include any' claims or liability arising from the established negligence or willful misconduct of Agency, its agents, officers, tenants, invitees, or employees. Agency andPRHI agree that, in the event of any joint or concurrent negligence, they will apportion any . established or agreed upon liability proportionate to their respective degree of fault. PRHI shall have the right to select legal counsel to represent Agency subject to Agency's reasonable approval. Agency may make all reasonable decisions with'respectto Its representation in any legal proceeding, except that if'duringthe proceeding a settlement demand is made and PRHI is willing to satisfy the settlement demand and Agency rejects such settlement demand, PRHI's indemnity obligation in the proceeding shall from that point forward not exceed the amount of the settlement demand. 2.6 Insurance. Agency and PRHI each agree to maintain or cause to-be maintained a single limit general liability insurance policy, with aggregate limits of at least $1,000,000, that provides coverage for their respective uses, as well 'as the uses by their agents, officers, tenants, invitees, or employees of the Agency Property and PRHI Property as-provided for in this Agreement. Upon request, Agency and PRHI shall furnish the other party with a certificate of insurance evidencing compliance with this Section 2.6. Agency shall not be required to maintain an insurance policy until Agency or a third party has obtained a building permit to begin construction of the affordable senior apartments on the Agency Property. ARTICLE III. MISCELLANEOUS PROVISIONS 3.1 Rights of Lenders. No breach or violation of this Agreement shall defeat, impair or render invalid the lien of any mortgage, deed of t~st or similar instrument which secures a loan made in good faith and for value to an Owner and encumbering that Owner's property (herein, "Mortgage"), and no portion of this Agreement shall supersede or in any way reduce the security or affect the validity of any such Mortgage. Notwithstanding the foregoing, however, all of the provisions contained herein shall be binding upon and effective against any holder of such Mortgage or subsequent Owner (herein collectively, the "Owner-Mortgagee") whose title to any property is acquired through private or judicial foreclosure sale, or deed or assignment in lieu of foreclosure, except that: (A) such Owner-Mortgagee shall take title free and clear of any violations incurred or occurring prior to such acquisition of title; and (8) such Owner-Mortgagee shall be liable under this Agreement only during the period of its fee ownership of any property and only to the extent attributable to such period; and (C) the Owner- Mortgagee shall be released from any such liability upon'any transfer to another person or entity which duly and validly assumes all such liability with respect to such period. 6 SD_DOCSI270174A [W97l . . 004988 3.2 Covenants Running wiihthe Land. Upon recordation ofthis Agreement, all provisions contained herein shall operate as,coVemints ruiming with the land for the respective benefit of the Agel1cyProperty and thePRHI Property;' provided, however, that any and all rights of enforcement.ofthis Agreement shall be exercised only by: (a) the original Owners hereunder, (b) any successor or assign of any such Owner, or (c) any other.person or entity specifically' assuming such rights and duties and to whom such rights and duties are specifically assigfted in writing by either of the respective original Owners. Neither of the, Owners shall assign any rights under this Agreement to a third ,party without (i) obtaining written consent to the assignment from the other Owner, which consent shall not be unreasonably withheld, and (ii) transferring ownership in the Agency Property or PRHI Property to the assignee or entering into an operating agreement or lease with the assignee concerning either the Agency Property or PRHI Property:' Nothing herein contained shall be deemed to be a gift or dedication of any portion of the property affected hereby to or for the general public or for any public purpose whatsoever, or to create any relationship of partnership, joint venture or principal and agent .between the parties hereto. 3.3 Amendment or Termination of Agieement. This Agreement may only be amended or terminated by an instrument signed in writing by both Owners. No amendmentsl1illl be effective which materially increases the burdens or decreases the rights of the Owner of allY real property without the consent of both such Owner and the holder of any Mortgage with respect thereto. No Owner or holder ofa Mortgage may unreasonably withhold its consent or signature to any amendment ofthisj\greement. 3.4 GeneraL This instrument shall be governed by and construed in accordance with the laws of the State of California. If any provision or its application shall to any extent be invalid or unenforceable, the remainder of the instrument shall be valid and enforceable to the fullest extent permitted by law. All pronouns, and any variations thereof shall be deemed to refer to all genders, and the singular and the plural shall each include the other, as the context may allow. All captions, and headings contained herein are for convenience of reference only and shall not be considered in resolving any questions of interpretation or intent. This Agreement maybe executed in one or more counterparts; each of which shall constitute one and the same iustrument. By signing below, each signatory thereby represents and warrants that he or she has been duly authorized to bind the party'on behalf of which such signature is being affixed. IN WITNESS WHEREOF, this Agreementhas been duly executed as ofthe date first above written, POWAY REDEVELOPMENT AGENCY ,a public body, corporate and politic POW A Y RHF HOUSING, INe., a California corporation , onlJE DiRECTOR. ~:.n,~l4 ~~~ Title: Rich~rd'lWashington /- J I- . Vice, President 7 SD_DOCS\270174.4IW97] . . 004989 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r~~-<;;<'~'C:;:{:_:"X'.c<'.c<',c<'~~~-<:;;f:~~~5X'-c<'.c<'-C<'&f:.c<'.c<:-,c('.cc&'.c<:'-C<'-d:'l6f'.c<'.c<',c<'-C<"f:f:<<~~~~~'Y, 'r ,1 p ~ ,~' State of California } g ~ ., 55. ~g g County of ,~;///J/)U; I;/~!./.:-- ~.., - /- , ~r!, ~: I" '. "'" /;', //~.. ./ // /~ ~~/ / . P. On - ,,.J-~/ - 'r ,before me, ' -- .L.--l:.A.:..-r/':,(.-/ ...., t. /Ig1"////I./~' ~,', Dale . ~ " Name ~nd l}lle of ~rC6f (~g.. "Jane e. Notary Public') I ~ ~, personally appeared /,[:.(,'/7 u.'tc/ / l:~;,;;<:1; /1,,,,;1;;.'1""- P ame(sJol$igner(s) !'1 @-Personal(" known to rne ~ 0 proved to me on the basis of satisfactory 3 Ii e~~ooe " R ~ I, to be the person(sy whose name(s}' is/are-- " ~ subscribed to the within instrume'nt and K ~ acknowledged to me, that he/sl1e/lhey executed ~ g the same in hisll:le1'/lAelr authorized ' RJ - - - - ~ ::: - -'- - f' capacity(ies), and that by hisllwr!tuetr ,~~, 1'" "=~~ J. fD.,~ signature(st on the instrument the person(s1; or g , i ._=:,'~,' f the entity upon behalf of which the person(sr ~ ~ ~ ' 'lllsAngeles Ccu1fy - acted, executed the instrument. g 2 ~_ _ _ ~~~~1~~1 rs 1', ( WITNI;'SS rny hand and official seal. ~ ~ ,f, /;~ '" . /) ,C'" /V'Z/ /1 ~ (, 1/.-1<--(..(/ "x ) r, // >>,;'/,4/./ /2~,,,c./ g Place NotarY Seal Above SigDelure of Notary Public ~ OPTIONAL ,/ Irs ,~ Though the information below is not required by law, it may prove valuable to persons relying on the document I (" and could prevent fraudulent removal and reattachment of this Jorm to another document. Ii ~ i ~~~ g Document Date _ ~ p Signer(s) Other Than Narned Above: ~, ~ B g Capacity(ies) Claimed by 'Signer ~, ~ Signer's Name: g ):: 0 Individual . ~ r': Top of tnumb here ~) ,; 0 Corporate Officer - Title(s): r ~ CJ Partner - CJ Limited 0 General ~ ~; Ct Attorney in Fact ~ B D Trustee ~ ~ [J Guardian or Conservator ~ I' 0 Other ~ ~ ' p Signer Is Representing' p ~ a'O<.~~=--==--==-c<o~=--=====<<~====-o.~===--===-<>B @1997NationaINolaryAssJCJallon.9350DeSotoAve.. P.o Box 2402' Chalsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT B&'fQ"~-e<'d-C<'-e<'.c<'..c<'..c<'.c<'.c<',c('..c('..c<'~..c<'-c<'.c<'..c<',c('~..c('..c<'~,(j(',c('.c<'.c<'~..c<'-e<'..c<'.c<'-C<'~~-C<-,c<'-e<'~~g .,~I State of California } ~ g Q \'..' ss, ,) ~ County of -JCI.\^\ f.-:J\~ C) ~ ~ ~ ~, on--:A""""-Y'~D2\) :l,CD;)., before rne, C-\ \16,) R (:: Name and Tille 01 Officer (e.g., 'Jane ~ ~,2,'",. personally appeared ";:)C\IY\Q..S L. hO~~"S-D)(". - ~ ?:: Name(s) of,Slgner(s) ~ ~ersonally known'to rne B P, [J proved to me on the basis of satisfactory B Ii e~~ooe K ~ g ~,' to be theperson(<lf whose name(aj isJ~ ',~ I" subscribed to the within instrurnent and c, ~ acknowledged to me that he/sAe!ti10)' executed ,~g (' the same in his/i1sr/tAeir authorized ~ capacity(is-sj, and that by hislh,,,'tAeir ~ ~Q ELIZABETH F'DEAN signature(s1 on theinstrurnent the person(s), o'r I'), ~ ~ CommiUion,'1256278 z the entity upon behalf of which the person(S') ~ g ~'; Notary Pu bIlC'C, Blifo, m, i. '! acted, executed the instrument. Ii ,.. san, ,D leg., .co, un,ty ~ '~,' ....Comm.c-'-...r7,2004 ~' c' -" ........'- "'" WITNESS rny hand and official seal. h i\ ------:.,----- 'En' I ~" L-Zl'" 0' :,1 Place Notary Seal Above * 6 ~ OPTIONAL R P Though. the information below is,not'Tequired by law it may prove valuable'to persons relying on the document ~ p; and could:preventfraudulentremoval and reattachment of this forrn ,to another aocument .~ ~ Description of Attached Document ~ ~ Title or Type of Document: ~ P Document Date: Number of Pages: g ~,i, ~ ~, Slgner(s) Other Than Named Aoove: lS' ,~~" Capac.ity(ies) Claimed by Signer I~ ;-:; Signer's, Name': ~ > (-I 0 Individual . ~> 9 10[..1 of !11Umbhere o [J Corporate' Officer - Title(s): ' , [J Parlner.'[J Limited [J General ~ [J Attorney in, Fact ~ h 0 Trustee ~ ~ 0 Guardian or Conse~ator ~ Ii [] Other @ ~ lS' P I' g SIgner Is Representrng ~ o J t'O...~~'LX._'LX..-~'C<..'C7...-'C<..'C<..'C<..~.~,/(':z;~'a,;<,:-<;"'<.:,(.':C<,,,.v':'/"':d:;c:<..,'C<..,<.;,<.;.;<.::.-<V~'<::.(,-;<;,^,;-(.;:,.y'C<;.'C..<..,'C..<..,"(':^;;';,^.;,.'<':/.:.RY:'G{;~...y; '-1' (Cl1997 National Notary Association' 93'50 De Soto Ave" P,O, Box 2402 . Chalsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll.Free 1 800-876-6827 . 004990 . . 00499.1 '. EXHIBIT A LEGAL DESCRIPTION The land ref~rred'to herein is situated in the State of California, County-of SAN DIEGO, CitycofPOW AY, Town of POW A Y, described as follows: PARCEL 1 OF PARCEL MAP NO. 18617 IN THE CITY OF POW A Y, COUNTY OF SAN DIE.GO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 27,2000, AS FILE NO. 2000-0708415 OF OFFICI:ALRECORDS. End of Legal Description. . . EXHIBIT B 004992 AN EASEMENT FOR INGRESS AND EGRESS, OVER, ALONG AND ACROSS . THAT PORTION OF PARCEL 1 OF SAID PARCELMAl' NO. 18617, SHOWN,AND DESIGNATED THEREON AS "EASEMENT FOR PUBLIC ACCESS AND GENERAL UTILITY PURPOSES DEDICATED TO THE CITY OF POW A Y HEREON". . . 004993 EXHIBIT C LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, City of POW A Y, Town of POW A Y, described as follows: PARCEL 2 OF PARCEL MAP NO. 1861iIN THE CITY OF POWAY, COUNTY OF SAN DIE'GO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COuNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 27, 2000, AS FILE NO. 2000-0708415 OF OFFICIAL RECORDS. End of Legal Description.