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Private Streets Maintenance Agreement 2009-0070133 PO I~p - ~CDn) r ~ , -. DOC # 2009-0070133 11111111111111111111111111111111111111111111111111111111I1111111111111 FEB 12, 2009 4:02 PM RECORDING REQUESTED BY CITY OF POWAY iJFFICIAL RECiJRC'o Sp,t',l DIEGO COUHT\',RECOF1[IEF1'::, OFFICE DAVID L, BUTLER, CDUNTY RECiJFIDER FEES: 44,OU AND WHEN RECORDED MAIL TO PAGES: 12 11111111111111111111111111111111111111111111111111111111111111111111111111111111 CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) APN 317-350.30-00 PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAjNTENANCE ASiREEMENT ("Agreemenf'), dated for reference purposes as the /OK day of rf:;!J,8..UA7f'-V , 2009, is entered'into between Powav' Meadows, L.P, a Californfa Lihlited Partnership, hereinafter referred to as "DEVELOPER": Powav Meadows Owners Association, hereinafter referred to as "ASSOCIATION", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY", for the benefit of future subdivision lot owners who will use the PRIVATE STREETS, hereinafter referred to as "LOT OWNERS", which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY. WHEREAS, this Agreement is required as a condition of approval by CITY of TIM 06-06; and WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of those certain PRIVATE STREETS described and shown on Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "PRIVATE STREETS"; and WHEREAS, DEVELOPER is the owner of certain real property being subdiVided and developed as The Meadows (TIM 06-06) that will use and enjoy the benefit of such PRIVATE STREETS, A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as "PROPERTY"; and WHEREAS; it isthe mutual desire of the parties hereto that the PRIVATE STREETS be maintained and repaired in a safe and usable condition; and WHEREAS, it is'the'mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE STREETS and for the apportionment of the expense of such maintenance and repair: and WHEREAS, DEVELOPER has createciorwillcreate theASSOCIA TION, to which the LOT OWNERS will belong, for the pUfposes of maintaining, repairing and replacing the common areas withih the PROPERTY, including, without limitation, the PRIVATE STREETS. As each phase of the PROPERTY is annexed to the jurisdiction of the oC) -0 l/ ASSOCIATION pursuant to the Declaration of Coyenants; ,Conditions and'Restrictions for Powav Meadows Clwners Association ("[)~c1ar~tlor() !~corded or to be recorded against the PBQPERTY by DEVELOPER, 'the ASSOCIATION shall assume all mJlJnteri~n_ce"obligatioris regarding the PRIVATESTREElS within each annexed phase onhe PROPERTY; and WHEREAs:, it 'is the mutual intention onhe parties that this,Agreerne,nt constitute ,a covenant running with the land, binding upon eachsu'ccessilieLOT OWNER of all or any portion of the PROPERTY. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property benefited by this Agreement is the PROPE,RTY. The present and successive LOT O\,/YNEg$ of all or any portion oUhe P'ROPERTY are expressly bound hereby for the benefit of the PROPERTY. ' 2. The cost of' maintaining the PRIVATE STREET:Sshall be divided equally among the subdivided parc~lsicreated in the PROPERTYandpaid by each LOT OWNER or his or her heirs;, assigns and successors in', interest. SLich costs and expenses shall besollected py the',ASSOCIATION as assessments in accordance with the Declaration. 3. The repairs aJ'ld ,mairitenariceto be, performed under this Agreement by or on behalf of the ASSOCIATION shall b,e limited to~he fqljciWing, unless tHe 'consent for additional work 'is giver] by the Board of Directors of the ASSOCIAJION: re.asonal:5leanci riorinal'roadiinprovement maintenance:work,to adequately maintain the PRIV A TESTREETS;and any relateddrainagefac:ilitiE;ls to permitncirmal access, ingress and ,egress to and from the lots wittlin the P'RClPERTY. Repairs and mainte'nance under' this Agreement shall include, but are not limited to, fililngof chuckholes, repai'ring cracks, repairi.ng a~nd resurfacing 6fJoadbeds, repairing and maintainil1g drainage structures, removingdebris"maintaining signs, markers; striping and lighting, if any, and such .other work: as is reasoriably necessary or proper to repair and preserve the PRIVATE STREETS for normal access, ingress and egress purposes. 4. The obligation oftheft,SSOCIATION to repair andrilaintain the PRIVATE STREETS withirie'ach,phaseof development of'the PRClPERTY, as herein, seU6rth, shall, commence, upon the occurrence of :both of the fOliowing events: (a) ,when the PRIVATE STREET improvements have, been completed and approved by'theCITY"and (b) such phase onhe PROPERTY has been annexed t9'thejurisdiction'of the ASSOCIATION pursuant to the, D,eclaration. , DEVELOPER (andlor any successor developer to which any [J,ciftion of the PROPERTY is conveyedpr(or to ann~~ation pursuant to the .Deciaration) shall maintain the PRIVATESTREETS'prior to the occurrence of the events described in items (a) and (b) preceding. 5. The cost of.any,extraordinary repair required to correct damage to the PRIVATE STREETS shaU be the, :responsibility 'of the partycaLJsihg thene'ed fof such extraordinary repair. Ifany:such extraordinaiy repair is caused by'a LOT OWNER, the ASSOCIATION shallassessand:callect a:ReihibursementAssessmentagainst such LOT OWNERpursuanUa th~DeS,I5Ir~ti<5n i}i the amount af the casts of such extraardinary rep<:iir. The ASSOCIATION shall prbmptlycammence and effect such extraOrdinary repair. The repair shall, be such as to. restare the PRIVATE STREET to. the conditian existing prior to. said'damage. 6. Shauld any LOT OWNER fail to. pay the pro. rata share of casts and expenses as providedinthis6greemenJ arid the Declaration, then the ASSOCIATION shall thereafter have alli-ights with regard to. callectian afdelinquent assessments as are pravided in the Declaratian. 7. The ASSOCIATION 'shall at all times maintain liability insurance covering its activities with regard to. use and maintenan(;e af tile PRIVATE STREETS. In the event the ASSOCIATION retains a cariiractar to perfarm any af its ma[ritenance obligatians with regard to. the PRIVATE STREETS, the ASSOCIATION shall require such cantractar lik,ewise to. maintain liability insurance to. caver <:iriy liability arising as a result .af its activities with regard tei such maintenance\adivities. 8. LOT OWNERS and the ASSOCIATION shall jaintly' and severally defend and indemnify and hald harmless CITY, CITY's engineer an,d their cansultantsand each af their afficials, directars, afficers, agentsand,employees from and against all liability, c1a[m~, daiTlages, lasses, expenses, persanal injury and ather casts, ;ncludi~g casts afdefimse andattarney's fees, inc<urred~by.a! payable-to. any ather LOT OWNER, any, us~r afthe PRIVATE STREETS, ar to. any ather third parties arising aut afar in any way related to. the use, repair ar maintenance af the PRIVATE STREETS. Nathing in this Agreem~'rit, 'thespecificatians, ar ather cantract dacuments ar<;:ITY's appraval af the plans 'and specificatians far ar inspection afthewarkregarding the PRIVATESl:REETS is intended to. include a review, inspectian, ar,ackn()wledgment af arespansibilityfar any such matter, and CITY, CITY~s engineer, <:ifld theircansultants, and each of theirafficials, directars, afficers, eniplayeesand agents, shall have absalutelyno respansibilityar liability therefare. 9. If in the CITY's sale judgment the PRIVATE STREETS 1!re nat being maintained ta,standards set farthir:l; PC)ragraph 4 of this A~Feement, the CITY may thereupan pravide written natice to the Baard af Directors, of. the ASSOCIA nON to initiate repairs"ar;canst[uction within ninety (90) days. Upan'failure to demanstrate gaad .fa[th .tpm'ake repairs ar canstructian within ninety (90) <jays afrece}pt Of such natice, the LOT GWNERS and the ASSOCIATION .agree that the CITY may make all r:leede.d repairs to. the PRIVATE STREETS to. meet the standards set farthin Paragraph 4 .and, to then assess the casts thereoftothe ASSOCIATION. The ASSoeIATIONsh~11 reimburse the CITY far all reasonable casts incurred by the CITY inconnectiari.withsuchmaintenance activities., IftheASSOCIATIONdaes nat sa reimburse 'the 'CITY within thirty (30) day.s;after CITY's demand, then CITY may pursue all of its rem'edies atlaw ar inequiiy. 10. If the CITY elects to.make necessary repaiJ~iD<Olccordance with Paragraph 9 above, said work sryall pe, wit~out warraritY. Said repair shall ,be accepted "as is" by the LOT OWNERS and 'the ASSOCIATION without any warrarity of workmanship. 11. The.foregoing covenants'shall run with the land and shaJlbe deemed'to be for the benefit ofthe land oreach of the LorOWNERS arid,each and every person who shall atany time own all or any portion of the PROPERTY referred to herein. 12. It is understood and agreed that the covenants herein contained shall be binding on the,heirs, executors,administrators, successors"andassigns of each of the LOT OWNERS andihe ASSOCIATION. 13. It is the purpose oMh'e signatory hereto that thisinstrumentbe recorded to the end and 'intent thai the obligations hereby createdst)aJI be and constitute a covenant running with the land aAdany subsequent purchase'r of-all or any portion of the PROPERTY, by acceptanceiof delivery of a deed and/or conveyance" regardless of form, shall be deemed to have consented tei arid become 'bolmd by this AGREEMENT. 14. The terms of this Agreement may be C)mended in writing upon approval of the Board of Directors of the ASSOCIA TION and consent of the CITY. 15. This ,Agreement shall. be governed by the laws of the ,State of California. In the event Jrat any of the provisions ofthis Agreement are held to be unenforceable or invaYid,by any court of competent jurisdiction, Jhevalidity and enforceability of the remainingprovisionsishall not be'affected ,thereby. .IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. DEVELOPER: Date: 2-/0-07 Clark Wardle; Chief Financial Officer Poway Meadows, L.P., A California Limited Partnership //~ CITY OF PpWAY: ':.::-:f'd'/ ~~ C:;);rank C~t neto, City Engineer Date: 2-/ / 1/ {; cr APPROVED AS TO FORM: Office of the City'Attorney cho:Q ~ Lisa A. Foster, City Attorney Date: .d' J 0 Ocr CALIFORNIA, ALL.PURPOSE ACKNOWLEDGMENT 5('>~~~~~~..,.c.(.'...(XY"C(',.(X"~~..o<'~,.6<"~.5(.'..5('..c<'....c<"..c<'~~..c<"~~,G( State of California, County of ~ \)i-e~ On 'l... -I (J - roOq before me, D'" \ \ personally appeared 0..\0.1: 'l \. 0< <i -e Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(,i;) whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/s~/they executed the same in his/her/their authorized capacity(il>5), and that by his/Qef/tl;lt!ir signature~) on the instrument the person~), or the entity upon behalf of which the person(:n acted, executed the instrument. I ~- ISABEL ALVARADO t ~ ...... COMM #1788224 () U. NOTARY PUBlIC.CAlIFORNIA Ul tI) a SAN DIEGO COUNTY !1 " My CommIsSIon E" xplres I DECEMBER ~O, 2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Nolary Seal Above WITNESS my hand and Offic~s~al. () Signature I.. ~~ Signature otNotary Public OPTIONAL Though the information below is not required by law; it may prove valuable topersons refying on the document and could prevent fraudulent-removal and reattachment of this. form to another document. Description of Attached Document Title or Type of Document: Document Dale: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) TOp 01 thumb here Signer's Name: D Individual D Corporate'Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee o Guardian. or Conservator DOther; 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; RIGHT THUMBPRINT OF SIGNER TOp 01 thumb here Signer Is Represenling: Signer Is Representing: ~~~"'UV~~~~~~~'9V~~~~~~~~~~~~~~~~,,^,~'UV~~--g;.~~~'lX.>~~'!-,N~"~.;.,~2" 102007 National Notary Association 0 9350 De SOlo Ave" P.Q. Box 2402 oChatsworttJ, CA 91313-24020 www.NatiOllaJNotary.org hem 115907 ReordecCaJl ToIl..Free 1-800-876-6827 NOTARY SEAL CERTIFiCATION (Government Code 27361. 7) I CERTIFY UNDER PENAL TV OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TOWHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: jSABE-l ALVA\<.F1DO Commission Number: 11- 8511. Y- Date Commission Expires: 12 /30/\ \ I I County Where Bond is Filed: 3f1N blEq 0 CO\) N\'1 CSC1 Manufacturer or Vendor Number: (Located on both sides of the notary seal border) ~g"om~ ~~, :J~2:.~ Place of Execution: San Dieao Date: :;)., / \8-./ 001_ Rec. Form 1R10.1 (Rev. 8/11103) CALIFORNIA 4LL.PU~POSE ACIOiOWlEDGMENT ~ -"~.'=-'---'.'::...'':-"--'~ " --._~.. - ~ _._~-:.-~~.-:-, ;;:; ~ ~ ~-~- - ::}~~ State of California } County of San Diego On ff6/2lfM/ II, 21l0jl?eiore me,Phyllis Shinn ,Notary Public Ie' ~ ~ ...., Here Inser1 Name <Indllt1e of the Olflcer personally appeared --h-?;qAlI< LI-f.5rCL-e-#ETtJ Name(s) ot Signer(s) 14'" -- PHYLLIS SHINN .,." , ' "c,om",mllllOn".'" ,'" Ij,78,89D,' ,I i ~ PublIC- ,CiIIIlOniIQ I J .' Ian DIogo County . - ~ - -- -- >r~flft!~t.iuJ who proved to me on thebasisof satisfactory evidence to be the person'C)O whose mimeOO is/~subscribed to the within instrument and acknowledged to me that' he/s\4't~ executed the same in hi~~ap)hOrized capacitY(i~, and that byhiS/t)llc/tt):ek signature()Q on the instrument 'the persol100.. or the entity upon behalf of which the person()Q '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 ando~ic~ Signature 01 Nolary P!Jblic OPTIONAL Though'the inf()rmation be/ow.ls'riot requIred by law, it. may prove valuabJe.(()persons'rely;ng on the document andcduld,prevent,'fraudulentiemovaliinq reattachment'of this,forpJo another document. . Description of. Attached RociJmerit (i , ,Title or Typeof Document ~ I tlA-rE c J!7< 6t::7:5 Il11 / 1!I-reA19;t/cc Hf;t7a?JtC"o;r- Document Date: H?3,.e, /0, 20D Number, 01 Pages: /17 ' . Signer(s) Other Than Named Above: Lb if 0. Capacity(les) Claimed by Sigller(s) Top 01 lhumb here Signer's Name: o Individual o Corporate Officer- Tltle(s): O,Partner - 0 Limited 0 General o Attorney In Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corpora.ie Officer ~ Title(s): o Partner -0 Limited' 0 General o Attorney inFlict o Trustee , o Guardian or Conservator o Other: RIQHTTHUMBPRINT . OF SIGNER A1GHTTHUMBPAINT OF SIGNER Top ollhumb here 'Signer Is Representlhg: Signer Is Represeniing: _ _~. op _ ~r.... ~~_::.:: _..s:N.... ~;!iil. C2007 Nat~al N,?~rY ASsoelatloi1; 9350 De'Solo Ave.: P.O:~-2402:.ctialsWorth:CA' 91~13-2402;WwW,NatiOnalNotaiy.org hem '5~ Reorder: GaIlToI-Free 1.:aOO-S7ti-6827 EXHIBIT "An LEGAL DESCRIPTION A CENTRAL ANGLE OF 95043'58", AN ARC DIS1:ANCE OF 8.35 FEET; TO THE BEGINNING OF 17TOO-FOOT RADIUS COMPOUND CURVE, CONCAVE EASTERLY,. A RADIAL TO SAID POINI- BEARSSGUJH 85021'43" WEST; THENCE SOiJTHEASTERLYALONGSAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 17009'56": AN ARC DISTANCE OF 53.03 FEET; THENCE SOUTH 21048'12" EAST, 51.79 FEET, TO THE BEGINNING OF A 10.00-FOOT RADIUS CURVE; CONCAVE NOFH['lEASl;ERLY; THENCESOUTf-IWESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 46008'46", AN ARC DISTANCE OF 8.05 FEET; THENCE SOUTEr i3''r56;58'' EAST, 1.36 FEET, TO THE NORTHERLY RIGHT- OF~WAY ,OF MEfATE LANE' DEDICATED PER DEED RECORDED JANUARY 26, 1972 AS FILE/PAGE NO. 20516, ALSO BEING THE BEGINNING OF A 970.00-FOOT RADIUS NON-TANGENT CURVE, CONCAVE NGRTHERLY, A RADIAL TO SAID POINT BEARS NORTH 22i50:28"WEST; THENCE sOIJ'r}.iwESTERLY ALONG SAID NORTHERLY RIGHTcOFcWAy OF METATE LANE, T;HR8UGH A CENTRAL ANGLE OF 301'3:05", AN' ARC DISTANCE OF 54,48 FEET; THENCE ,LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF METATE LANE, NORTH 25009'26" EAST, 1.69 FEET TO THE BEGINNING OF 10.00-FOOT RADI,US CUIWE, CONCAVE WESTERLY; THENCE NORTHWESTERLY ALONG 'SAID CURVE, THROUGH A CENTRAL ANGLE OF 46057'38", AN ARC DIsTANCE OF 8.20 FEET; THENCE NORTI;t 21048'12" YVEST,.SO:9} FEET, TO THE BEGINNING' OF A 223.00-FOQT RADILJS, CURVE" CONCAVE EASTERLY; THENCE, NORTHERLY ALONG SAID CURVE, ThiROUGH, A CENTRAL ANGLE OF 19038:36",. AN ARC DISTANCE OF 76.45 FEET, TO THE BEGINNING OF A 10,OOcFOOl; RADIUS REVERSE CURVE; CONCAVE SOUTHWESJERL Y; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE, THROUGH, If. CENTRAL ANGLE OF 42043'34", AN ARC DISTAN, CE OF 7.46 FEEr; THENCE NORTH 44053:10"WEST, 14.48 FEET, TO THE BEGINNING OF A1'O.OO-FOo'f RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44000'50", AN ARC DISTANCE0F 7.68 FEET; THENCE NORTH 8W54'00" WE8,T, 146.~0 FEET TO THE BEGINNING OF A 10,OO-FOOT RADIUS CLJRVE, CONCAVESOUTHERL y; THENCE SOUTHWESTERLY ALQN<? SAID CURVE,rHROUGH A CENTRAL ANGLE OF 45033'16", AN ARC DISTANCEOF 7.95 FEET; THENCE SOUTH 45032'44" WEST, 13.31 FEET TO THE BEGiN'i,.jiNG OF A 10.00~FOOT RADIUS CURVE, CONCAVE EASrERLY; THENCE 'SouniERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLEGF 45033'16';,AN ARC DISTANCE OF7.95 FEET; THENCE SOUTH 0000'32" EAST, 59:60 FEET; THENCE NORTH 90"'00'00" WEST, 30.00 FEEl'; THENCE NORTH oo06:32;;WEST~ 198.40' TO THE TRUE POINT OF .BEGINNING. ' CONTAII'~SO,67 ACRES; MORE OR LESS. Z-/IJ-?iJo c;ASE)' R. . " <;;H, PLS 83 . DATE MY Lie SE EXPIRES 12/31/2009 'P.O.C. EXHIBIT "A" N1}8'54'10"W ,714.68' 186.38' --+- ~ 30.01' :;: . "'l (:::jl<) '0 ~, 0 on . < o z PORTION OF TRENE.Jt.,OF THEiNE'Jt.,OF SECTION 23 T. /4 5.. R. 2 W.5:S.M, PARCEL .D REC~ED ,5EPTEMSER 11; 2~~B A5 DOcuMENT NUMSER 200Bcel4~244 N88754..o0 W 146.87 CHOCTAW WAY (PR/VA TE STREET) N88'S4700"W 146.S0' NST50'24"E(R) I'- I<) ..f t<) n 0 pc> '<Ie IELu IX) Lu ( d- Ol ~.g: Ce 'VJ :;: ~kJ "'l Of-" ~ .1<) .~~ "- 0 0 00:: P '0.. V- 0 ''-.;.. "- z (j :;: }U IX) ."'l I<) '<I- b z . "'l ot<) on '0 010 11). o z CITY OF POWAiY TRACT (?)6-fP6 DEL TA RADIUS S13'OS" 970.00: 44'26'44" 10.00' 44"26'44" 10.00' 45'33'00" 10.00' LINE BEARING LENGTH 45'33'00" 10.00' L1 N6T56'SS"W 14.08' 44'27'00" 10.00' L2 N2Y09:26"E 13.81' ,44'27'00" 10.00' L3 N44'2i16"W 13.57'95743'S8" 5.00' L4 N4S'33'OO"E 14:.01' 17'09'S6" 177.00' LS N44'27'O.o"W 14.28' 46'.08'46" 10.00' L6 NSS,5A-'OO"W 4.92'467S7'3S" 10.00' L7' Nl'06'OO"E 19.00' 19'3S'36" 223.00' LS N6T56:SS"W 1036'42'43'34" 10.00' L9 N2S'09'26"t '1:69' 44'OO'SO" 10.00' L1,O N44's3'jo"w 14.48' 45'33'16" 10.00' L11N45'32'44"E )':3:31' 4S'33'16" 10.00' PLAT TO ACCOMPANY LEG*-L DESCRIPTION PRIVATE STREETS Q.e.KOT~~TRIrr, CHO<;:TAW WAY,AND YUKON WAY BURKETT ' &WONG - ENGINEERS & SURVEYORS 3434FourthAve., San Diego,CA 92103.5740 (619)299'5550 LENGTH ,54AS' 7.76' 7.76' i: 95~ ,7.95' 7.76' 7.76' 8.35' S3.03' S.OS' S.20.' 76.4S' 7.46,' 7.6'S' 7.9S' 7.95.' SEAL: Z ./tJ .ltJct1 LS, 8380 DATE (),:;t~ l1tKt~ 46:01 :;: '0 t<)o 1<). '0 00 on . o z SCALE 1"=50' :;: . 0 "'lo 1'-. '0 00 <.0, o Z 356.76' --1r- ,() .... C:.> IX cC?> 'v, c;, ?(s NSS'S4'OO"W' C72 42.70.b 00 o. , <.0 roo t<), , ~ z p >-tJ ~g: VJ Z OkJ ~>.:: ~~ 0:: ~ L7 ~ (/ o c;, d> NS5 '21' 43"E(R) ~N~~-;4~~";W SO,SS' C13 L6 SEE DETAIL 2 HEREON , '--, (,1,- , i ) , OSI1'.\1- sSSosotl \,\S" ~~' i'\ ~ ~ />" / ..-/ />,~~ \.. EXHIBIT "B" PROPERTY DESCRIPTION ALL THA1'PORTION OFTHE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 14 SOLJTri, RANGE 2 WEST, SAN BERNARDINO MERIDIANJN THE CITY OF POWAY,COUNTY OF SAN DIEGO, STAtE OFCAUFO'RNIA,'OESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 23, THENCE , " NQRTHYVE$rERLY ALQI)JG:Ti-lE NORTHERLY LINE (:lIT SAID SECTION 23,NORTH 88~54'10" VvEST, 714c68FEEJTO THE NORTHEASJERLY CORNER TU9TIN HILLS UNIJ:NO. 1, MCORDING IO MAP THEREOF NO. 4442, FILED IN THE OFFICE OF lHECQUNTY RECORDER OF SAID COUNTY ON JANUARY 12,1960; THENCE LEAVING SAID NORTHERLY LINE OF SAID SECTION 23,SOUTHWESTERL Y ALONG THE EASTERLY LINE OF 1;HE SAIDMAP NOA442.ANDTHE PROLONGATION THEREOF,. SOUTH 0043'28" WEST,334A7 FEET TO THE SOUTHERLY LfNE!iOF'PARCEL "A", ACCORDING T,OTHAT PARTICULAR DOCUMENT RECOROE[) JUL)' 29; 2008, IN THE OFFIG'EOF'THE COUNTY RECORDER OF SAID COUNTY, AS bOCUMENT NO. 2008c0405980;1;HENGE NORTHEASTERLYALONG.THESOUTHERLY LINE Qf~AIDPARCEL "A", ALSO BEING THE NORTHERLY RIGHl; OF WAY LINE OFMETATE LANE, NORTH 8802T32" EAST, 71.53 FEET'T6 THE'SOUTHWESTERLv'CORNER OF PARCEL "B" OF SAID DOCUMENTRECQRDED JULY 29,,20,'08; THENCE NO,. RTHEASTERLY ALONG THE SQUTHERLY L1I\lE OF SAID PARCEL "B';,ALSOBEINGTHE NORTHERLY LINE OF' MET.A:'ri~ LANE, NORTH 8802T32" EAST; 46 79 , FEETTO THE BEGINNING OFA770,OO-FOOT RADIU$CURVE, CONCAVE NORTHWESTERLY; l;HENCECONTINUINGALONG SAIDSOUTHERL Y LINE QF SAID PARCEL "B'; AND THE SOUTHERLY LINE OF pARGEL"C" qF SAID DOCUMENT RECORDED JULY 29, 2008; EASTERLY ANb NORTHEASTERLY ALONG THEARC OF SAlb:cURVE, THR'OUGHA CENT,RALANGLE OIT16'40'10", AN,ARC DISTANCE OF 224.02 FEET; TO THEB,EGINI)JINQ OFA NON-TANGENT 10.00cFOOT RADIUS CURVE, CONCAVE NORTt1WESTERL Y, A RADIAL LINE TO 'SAID POIN'!' BEARS SOUTH 18012'38" EAST;THENCENORTHEASTERL Y ALONG THE ARC OF SAID CURVE; THROUGH A CENiRAL ANGd ,OF 46037'56", AN ARC D!qTANCEOF"8..14FE'ET';'THENCENORTt1'25009'26" EAST, 13.8j FEETTO A POINTON AN!3N-JANGENJ CURVE CONCAVE NO RTHWESTE'R L Y HAVING A RADIUSiOF 970.00,FEET, BEING ALSO APGINT ONTHE SOUTHERLY LINE OF THEibEEDRECORDED OCTOBER28,2004,IN THE'OFFICEOF THE COUNTY RECORDER OF SANDIEGO COUNTY, AS DOCUMENJNO.2004-f020038,A RADIALTO;SAID POfNTBE.ARSS1903T23"E; THENCEALONG SAID SOUTHERLY , _ . d, '. \. -' . . "~ LINE OF SAIDDEEDALS,OBEING THE,[\jORTHERL Y LINE OFMETATE LANE, NORTHEASTERLY,THROUGH A CENTRAL ANGLE.OF3013'05", AN ARC DISTANCE OF'S'4.48'FEETTOTHE SOUTHWESTERLY CORNER OF PARCEL "0" \1} OF SAID DOCUMENT RECORDED J,UL Y 29,2008; THENCESOLJTHEASTERL Y ALONG THE SC>UTHERLY.L1~E C>F SAID PARCEL "0", ALSO BEING THE NORTHERLY LINE 'OF META TELANE, SOUTH 67056'58"; E;tl;ST, 14.08 FEET TO THE BEGINNING OFA 1o.ob-FOOT RADIUS CURVEO, CONCAVE NORTHEASTERLY; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF'SAID PARCEL "0", EASTERLY AND NORTHEASIERL YALONG SAID CURVE, THROUGH A CENTRAL ANGLE,' OF 45053'4r', AN ARC D.IST,ANC,E OF8.01 F, EET Ton-iE BEGINNING OF A NON-TANGENT, 983.00 FOOT 'RADIUS CURVE, CONCAVE,NO~THWESTERLY, A RADIAL TO SAID POINT BEARSS23050'39"E; THENCE NORTIiiEASTERL Y ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRfi:L ANGLEOF2058'58",AN ARC DISTANCE OF 51.17 FEET:;THEN'CE NORTH 6301 0'24:'E,A~T 278.76 FEET TO THE BEGINNING OF A 1017.00,'F00T RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NC>RTHEASTERL YALONG SAID CURVE, THROUGH A CENTRAL ANGLE OFoo03'17",AN ARC DISTANCEcOF 0.97 FEET TO THE ,SOUTHEASTERLY CORNER OF THE AFORESAIG PARCEL "0"; THENCE NORTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL "0", NORTti 6044'49'" EAST, 14.63 FEET TO THE SOUTHEASTERLY CORNEROF THE SAID DEED RECORDED OCTOBER 28, 2004;TI;-1ENCE;t)jC>RTHEASTERL Y, ALONG tHE EASTERL YLlNEOF SAID DEED, NORTH Q044'49" EAsT, 84.21 FEETTO THE POINT OF BEGINNING. Z p/O'Z~ DATE CASEY R ,NOH, PLS 83.80 L1CEN EXPIRES 12/31/2009