Declaration of Conditions, Covenants & Restrictions 1991-0087385
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DOG": 1991=0087385
Z8~FEB-1991 09:04 AM
SAN DIEGO COUNTY RECOROER'S OFFICE
DECLARATION OF CONDITIONS, COVE~~pEvANS, COUHTY RECORDER
,AND RESTRICTIONS FEES: 0.00
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1831
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
POWAY REDEVELOPMENT AGENCY
13325 Civic Center Drive
P.O, Box 785
Poway, California 92064
[Space above for recorder.]
f'6
Jqp
This Agreement is recorded at
the request and for the benefit
of the Agency .and is exempt from
the payment of a recording fee ':~.'~
pursuant to Government Code
Sec.tion 6l03.
POWAY REDEVELOPMENT AGENCY
B"~~><<~~
Dated: 1-, ~S ~ ,1.99l
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THIS DECLARATION OF CONDITI9N~ COVENANTS AND
RESTRICTIONS i,s .entered into this ,::<S-dayof :::r-A"..."'....;t
1991, by and Detwe~n the POWAY REDEVELOPMENT AGENCY, a pu lic
body.,corporate and poii tic (the "Agency"~, and POWAY LAND
INC., a Cal.ifornia c.orporation (the "Participant"), with
referenc,e to the fonowing,
A. The Participant i's ,fee .Owner of re'cord of that certain
real propert.Y (the ":Si'te!') locaU,d in theCi ty of Poway, County
of Sari Diego, State. of California legally described iri the
attached Exhibi.t "-A". The Site is the subj ect of an Owner
Participa,t.ion }\greement ("OPA"-) for the development, operation
and maintenance a Low-to Moderate-Income 'housingproject.
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39.77nj2345(015
ATT~CHMENT NO. 5
Pa,ge 'l of l4
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1832
13', 'the Site ,is wi thin the PewayRedevelepment Prdject
Area (the, "preject")in the, City .of Peway and is, subject te the
provisiens ,of the Redevelepment Pian f.e,r the prej ect adepted by
"Ordinance Ne. 117 en December 13, f983' by the City Ceuncil .of
the City .of Peway.
C. The Aget;lcy and the Participant have entered inte an
Owner Participatien Agreement dated as .of June 13, 1989
cencerning the develepment and eperatien of the Site (the
"OPA") which OPA is en file with the Agency as, a public record
and i's incerperated herein by reference anc:!. ,which OPA prevides
fer the executien and recerdatien .of thisd6cument. Except as
.otherwise expressly previded in this, Agreement, all terms shall
have the same meanings as set ferth in the OPA.
NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT AGREE
AS FOLLOWS:
1. The Participa~t and the Agency, as eperater .of the
Site, shall have th~ right and it cevenants and agrees en
behalf .of its success.or and assigns, te use the Site fer the
follewing purpesesenly:
Participant shall develep appreximately sixty-five
(65) m.obile heme units en the Site in accordance with the terms
.of the OPA. The devel.opment shall previde fer adequate ensite
parking in accord with the Peway Municipal Cede. Participant
cevenants and agrees te previde fer the .use, maintenance and
.operation .of the Sit,e and :the Improvements thereen fer su'ch
heusing by entering into the leng term lease and Optien te
Purchase with the Agency. The Agency as Operatdr and the
Participant, .or any' successers in interest, covenant te
diligently carry .out and take all reasenable and necessary
actiens te accomplish this purpese fer tneter,m .of the
Redevelepment Plan ("Preject P,eried"). I!1 addi tien te the
required heusing u!1its, :the Participant sDall previde all
en-site and .off-site public imprevements in cannectien
therewith, all as mere pa~ticularly described in the OPA.
Te the extent permissible under state and federal
law13i the Agency as the Operater eftheprepertyshall e'xtend a
preferenc.e fer the rental .of the mebile heme pads te
individuals. and/erfamilies wha (i) res'ide in the City .of Peway
.or (ii) are employed in the City .of Peway.
The mebile .heme ceaches sha,ll be seld and the pads
leased .only te persens .or families with an inceme less than .one
hundred twe.nty per,cent (120%) .of the annual median heuseheld
incame fer, tl}eSan Diege Ceuntyprima.ry Metrepeli tan
Statis,ticalAr.e:a,as such inceme levels' are established pursuant
te s)..lchecenemi'c .study .or data as may frem tIme ta time be
appreved by tne Agency.
0)/,2:4/91 ," .
'3977h/2345y'015
ATTACHMENT NO. 5
Page 2 .of l4
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1833
..The Agency as the Operator shall obtain from e,,-ch
prospecti;ve rel1terof the' uni.tsa Certification of Eligibility.
.2.. 'The Participant and the Agenc:y as the Operator, on
behalf of itself and its successors, assigns, and each
successor in interest to the Site or any part thereof, hereby
covenants and agrees:
(a) To use, devote, operate and mai'ntain the Site and
each part thereof, for'the purposes and the residential uses
specified in the OPA and in the Redevelopment Plan.
(b) Not to discriminate upon the basis of sex,
marital status, race, color, creed, reli~ion, age, national
origin, or ancestry in the sale, lease, sublease, transfer or
rental, or in the use, occupancy, tenure, or enjoyment of the
Site or any improvements thereon, or of any part thereof. Each
and every deed, lease, and contract entered into with respe.ct
to the Site shall contain or be subject "to ,substantially the
following nondiscrimination or nonsegregation clauses:
( 1)
(2)
Ol/24/9l
397711./2345/015
In deeds: "The grantee herein covenants by
and for itself, it successors and assigns,
and all persons claiming under or through
them, that there shall be no discrimination
against or segregation of any person or
groVp of persons on account of sex, marital
status, race, color, creed, religion, age,
national origin, or ancestry in the sale,
lease, rental, sublease, transfer, use
occupancy, tenure, or enjoyment of the land
herein conveyed, nor sVall the grantee
i,tself or any per,!ons claiming under or
through it, establish or permit any such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of
tenant~, lessees, subtenants, sublessees, or
vendees in the land herein conveyed. The
foregoing covenants shall run with the land."
In leases: "The lessee herein covenants by
and for itself, its successors and assigns,
and all persons claiming under or through
them, and this lease is ma~e and accepted
upon and subject to the following conditions:
ATTACHMENT NO,. 5
Page 3 of l4
01/2;4/9l
3.977n/2345/015
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18.34
Tha~ there shall be no discrimination
against or segreg~tion of any person or
group of persans, on acco.u.nt of sex, marital
status, race, color, creed, religion, age,
national origin, or ancestry, in the
leasing, renting, subl~asing, transferring,
use, occupancy, tenure, or enjoyment of the
land herein leased nor shall the lessee
itself, or any person clai~ing under or
through it, establish or permit such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use or occupancy of
tenants, lessees, sublessees, subtenants, or
vendees in the land herein leased."
In contracts: "There shall be no
disCrimination against or segregation of.
any persons, or group of persons on account
of sex, marital status, race, color, creed,
religion, age, national origin, or ancestry
in the sale, lease, rental, sublease,
transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the
transferee. itself or any person claiming
under or through it, establish or permit any
such practice or practices of discrimination
or segregation with reference to the
selection, location, number, use or
occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land."
ATTACHMENT NO. 5
Page 4 of l4
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3. There sha1lbe no discrimination against or
s~gregati9n of any person, or groups of persons, on account of
sex, marital status, rac~, color, creed, religion, age,
national origin, or ancestry in the sale, lease, rental,
sublease, transfer, use, occupancy, tenure or enjoyment of the
prOperty or any part thereof, nor shall the Participant, its
successors, assigns, or successors in interest to the Site or
any part thereof, or any person claiming under or through them,
establish part thereof, or any person claiming under or through
them; establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use, or occupancy of owners, tenants,
lessees, sublessees, or vendees of the Site or any part thereof.
USE RESTRICTIONS AND PROPERTY RIGHTS
4. Use Restrictions.
as follows:
The Site shall be occupied and used
a. Each housing unit shall be used only for private
dwelling purposes, with appurtenant facilities, and for no
other purposes.
b. No sign of any kind shall be displayed to the
public view on or from any unit without the, approval of the
Participant except one (l) "for sale" or "for rent" sign on any
lot. All signs otherwise permitted under this section shall
conform with all ordinances and other regulations of the City.
c. The Agency as the Operator and the occupants
shall not permit or suffer anything to be done or kept upon
said premises which will increase the rate of insurance on any
building, or on the contents thereof, or impair the structural,
integrity thereof or which will obstruct or interfere with the
rights of other occupants, or annoy them by unreasonable noises
or otherwise, nor shall any occupant commit or permit any
nuisance on the premises or fail to keep the premises free of
rubbish, clippings and trash or commit or suffer any illegal
act to be committed thereon.
d. There shall be no structural alteration,
construction or removal of any building, fence or other
structure on the Site (other than repairs or rebuilding
permitted herein) without the approval of the City or the
Agency and in accordance with the City Code.
Ol/24/91
3977n/2345/015
ATTACHMENT NO. 5
Page 5 of l4
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183.6
e"J:l:1e ;A:gen.:;yas the Operator 'shall. not permit the
par~i.llg, '.stqJ:;il).g or 'ke~eping of any vehic:le except wholly wi thin
;th~;p:arkfng ate'a.'s designated therefor,. The l':gency as the
Oper'a:tbrshErl'l not permit the parking, storing or keeping of
a.ny: lJa.tge ,commercial type vehicle (dump truck, cement mixer
truck', oil or gas truck, etc.), or ani r.ecr'eational vehicle
(camper unit, camper shell detached from a private passenger
vehic'le, motor home,trailer, boat trailer, IT).obile home or
other similar vehicle), boats over twenty (20'j feet in length
or any vehicle other thana pr,ivate passenger vehicle upon any
por"tion of the Site, including parking spaces, except any such
~rea as specifica!-ly approved by the Op'e'i"ator. The Agency as
the Operator shall not permit major repairs or major
restorations of any motor vehicle, boat, trailer, aircraft or
other vehicle to be conducted upon any:portion of the Site,
including parking spaces, except for emergency repairs thereto
and then only to the extent necessary to eriable movement
thereof to a proper repair facility. No inoperable vehicle
shall be stored or kept anywhere on the Site. The Participant:
shall have the right to remove, at the tenant'.s expense, any
vehicle parked, stored or kept in violation of the provision's
of this Declaration. In., addi tion, all pt.ovision's of the Poway
Municipal Code, including amendments thereto, shall apply.
5.. Occupancy of each dwelling unit shall be restricted to
occupancy standards set forth in the poway .Mupicipal Code .or
s.tate 'standards, as are effective or as may be effe'ctive c>r
amended. Each mobile home shall be owner occupied.
6. The City of Poway and the Agency shalT have the right
of entry, at reasonable hours and upon ho less than 72 hours
advance notice, onto the Si,te to inspect for the need for
repair,s or ,iuairitenan'ce. Entry onto the i)ite or into any uni,t.
for other than emergency repairs may be made only after no.tice,
as provided herein, to determi.ne the necessity and right af
such entry and the responsibi li ty for the cost of any repair's
or maintenance.
7. No alcoholic beverages or controlled substances shall
be 'permitted to be consumed in public view anywhere on or apout
the Site.
8. The exte'rior areas of the Site shall be kept free of
rubbish, debris and other unsightly or unsanitary materials.
a.
Proj'ect Improvement, Maintenance and Repair
01/2:V91
3977h)-23,45j015
ATTACHMENT NO. 5
POage 60f l4
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1837
tl) Land Use Areas and Improvemerits
(a) Exterio;r Yard Areas and parking areas
shall be kept.free of deterioration, including:
(i) Potholes
(ii) Cracks in asphalt so as to become
uneven, unsightly surface
conditions
(iii)
Weeds growing through asphalt.
(bY Perimeter fencing, landscaping and
irrigation system, shall be routinely inspected and maintained
in good condition.
b. Each occupant of the Site shall have the
af.firmative obliga,tionto prevent what might be considered a
fire hazard or a condition dangerous toth~ public health,
safety and general Melfare; or constit~te ,an unsightly
appearance or otherwise detract from the ae'sthetic and property
values of neighboring dwelling units and properties. The
following minimum performance standards for the maintenance of
buildings, yards, and landscaping shall be adhered to by the
Participant:
(l) Landscaping on the Site sha'll be absent of
the following:
(a) Lawns with grasses in excess of six (6)
inches in height.
(b) Untrimmed hedges.
(c) Dying trees, shrubbe~y, lawns and other
plant life fro~ la6k of water or other
necessary maintenance.
(d)
Trees and shrubbery grown uncontrolled
without proper pruning.
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ATTACHMENT NO. 5
Page 7 of l4
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(e) Vegetation so overgrown as to be likely
to harbor rats or vermin.
(f) Dead, decayed or 'diseased trees,weeds
and other vegetation,.
(g) Inoperative. irrigation system(s).
(2) Yards areas shall be maintained so as to be
absent of the following:
(a) Broken or discarded furniture,
appliances and other household equipment
stored in yard areas .for periods
exceeding one (1) week.
(b) Packing boxes,. lumber, trash, dirt and
other debris stor.ed in yards for
unreasonable periods in areas visible
fr.om public property or neighboring
properties.
(c) Unscreened trash 'cans, bins or
containers stored for unreasonable
periods in areas v:i,s'fble from public
streets and common areas.
(3) No building, wall or fence may be left in an
unmaintained condition so that any of the following exist:
(a) Buildings abandoned, boarded up,
partially destroyed or left unreasonably
in a state of partial construction.
(a) VDpainted buildings or buildings with
peeling paint in such a condition as to:
~. Cause dry rot, warping and termite
infestation;_' or
ii. Constitute an unsightly appearance
that detracts ,from the aesthetic or
property values of neighboring
properties.
(e)
,Broken windows, constituting hazardous
conditions and/or inviting trespassers
and malicious mischief.
(d)
Damaged garage doors that may become
inoperative or unsafe to operate.
01i~4/91
3977h/23.45j015
AT~ACHMENT NO. 5
PageS of 14
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1839
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(e) Graffiti remaining on any portion of the
property for a period exceeding ten (lO)
days.
(f) Building interiors and exteriors shall
be maintained to meet standards of
similar residental property in the City
of Poway.
lO. City's Right of Review and Enforcement
The City of Poway ("City") shall be made a party to
this Declaration for the limited purpose as specified herein as
follows:
a. Changes or amendments to this Declaration must be
submitted for City/Agency review and approval.
b. In the event of inaction by the Agency as the
Operator, the City is hereby granted expedient power to enforce
all provisions of this Declaration including, but not limited
to, the maintenance af the Improvements and all yards, buildings
and landscaping areas within the Site.
c. The City is hereby granted the express power to
enforce all laws and ordinances of the State of California
and/or the City of Poway on yards, structures, private parking
areas within the Site. Nothing within this Declaration, however,
shall be construed as imposing an obligation or requiring the
City to enforce any provision thereof.
d. The City shall be given prior written notice of
any proposed amendment to this Declaration. Such notice shall
be given by mailing a copy of the precise language of the
proposed amendment to the City of Poway, c/o City Clerk,
together with a letter of transmittal explaining the proposed
change in general terms. The City shall have an opportunity to
review and comment upon the proposed amendment for a period of
not less than forty-five (45) days prior to the effective date
of any such proposed amendment. If the City or Agency fail to
respond within forty-five (45) days, the proposed change(s) and
amendment(s) shall be deemed disapproved, unless that time
period is extended by mutual agreement of all parties,
ll. City of Poway Right of Entry for Code Enforcement,
Repair and Traffic Regulation
(a) Right of Entry. Participant and the Agency
as the Operator hereby acknowledges and intends and thus grants
to the City, through the City's duly authorized agents or
employees, the right to enter upon the Site for the following
purposes:
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3977n/2345/0l5
ATTACHMENT NO. 5
Page 9 of l4
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1840
(lJ Inspection, maifitenance and repair of
the Site.
(2) Enforcement of local traffic and/or
parking regulations.
(b) Reimbursements of City Expenditures. All
costs and expenses i'ncurred by the City ari sing out of its
inspection, maintenance and repair of the Site, as provided
. hereinabove (City Ma.intenance Costs'), shall be charged as an
expense of the Agency and shall be pai'd wi thin ten (lO) days of
receipt of an invoice for same.
(c) Assessments and Lien Rights of the City. If
City Maintenance Costs are not paid within thirty (30) days from
the date due, said unp?id costs and expenses shall become a
special assessment a'gains,t the Site and,. 'upon confirmation .by
the City Council, shall be collected in the same manner as real
property taxes and shall be subject to the same penalties,
procedures and sale dn case of delinquency as is provided for
real property taxes.'
12. MORTGAGE PROTECTION
Notwithstafiding .any and all provisions elseWhere in
this Declaration to the contrary, in order to induce lenders and
investors to participate in the financing of the Site and the
Improvement, the following provisions are added hereto, and to
the extent these adde.d provisions confl.ict with any other
provisions of this Declaration, these added provisions shall
control:
(a) Any first mortgagee or third party foreclosure
purchaser who comes into possession or who obtains title to the
Site pursuant to the remedies provided in the mortgage or
foreclosure of the mortgage, or by deed or assignment in lieu of
foreclosure, will not. be liable for such Site's unpaid charges
which accrue prior to such possession or acquisition of title.
The assessment liens provided for herein shall be subordinate to
the lien or equivalent security interest of any first mortgage
recorded prior to the date any such charges become due. Such
subordination shall apply only to assessments which accrue prior
to a sale or transfer of such Site pursuant to. a decree of
foreclosure or trustee" s sale. Such sale or transfer shall not
relieve such Site fram liability for any assessments thereafter
becoming due or from the lien of any such subsequent assessment.
(b)
the books and
hours.
First mortgagees shall have the right to examine
records of the Participant during normal business
Ol/24/9l
3977n/2345/0l5
ATTACHMENT NO. 5
Page lO of l4
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1841
8
(c) In the event of substantial damage to or
destruction of the Site 0,1' any portion thereof, the mortgagee of
any first mortgage on the Site shall be entitled to timely
written notice of any such damage or destruction, and no
provision in this Declaration shall be interpreted to entitle
the Participant or any other party to priority over any rights
of the first mortgagee of the Site pursuant to its mortgage in
the case of a distribution to such Participant of insurance
proceeds or condemnation awards for losses to or a taking of the
Site.
(d) The Participant or the Agency shall, upon the
request of any first mortgagee, transmit to such mortgagee an
annual audited financial statement of the Site within
ninety (90) days following the end of any fiscal year.
(e) If the Site or portion thereof is made the subject
matter of any condemnation or eminent domain proceeding or is
otherwise sought to be acquired by a condemning authority, then
the mortgagee of any first mortgage will b.e entitled to timely
written notice of any such proceeding or proposed acquisition,
and no provision in this Declaration shall be interpreted to
entitle the Participant or any other party to priority over such
mortgagee with respec.t to the di stribution to such lot of the
proceeds of any award or settlement.
(f) As used in this Section l2, "first mortgagee"
means any mortgagee under a mortagage which i's a first lien of
record mad~ in goo~ faith and for value, or a junior lien of
record made in good faith and for value by the City, the Agency
or an institutional lender in order to assist in the financing
of the improvement and/or rehabilitation of the Site.
l3. MISCELLANEOUS PROVISIONS
a. If any provision of this Declaration or portion
thereof, or the application to any person or circumstances,
shall to any extent be held invalid, inoperative or
unenforceable, the remainder of this Declaration, or the
application of such provision or portion thereof to any other
persons or circumstances, shall not be affected thereby; it
shall not be deemed that any such invalid provision affects the
consideration for this Declaration; and each provision of this
Declaration shall be valid and enforceable to the fullest extent
permitted by law.
b. This Declaration shall be construed in accordance
with the laws of the State of California.
c. This Declaration shall be binding upon and inure
to the benefit of the successors and assigns of the Participant.
Ol/24/9l
3977n/2345/0l5
ATTACHMENT NO. 5
Page 11 of 14
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1842
d. In the event ,ac,tion is instituted to enforce any
of the provisions of this, Declaration.. t.he prevaili'ng party in
such action shall be enti-tiecj' to recover from the other party
thereto as part of the' jiidgmemt, reasonable attorney's fees and
costs.
e. The Agency as the Operator shall be required to
take a'll reasonable steps necessary to insure that each tenant
and all assignees and transferors have knowledge of all terms
and conditions of this Declaration.
14. The covenants and agreements established in this
Agreement shall, without regard to technical classificatian and
designation, be bindi~g on the Participant and any successor in
interest to the Sit,e, or any part thereof, for the benefit of
anc:i in favor of the Agency, its successor and assigns, and the
City of Poway. The covenants contained in para'graphs 2(a) and 4
through 13 of this Agreement shall remain in effect for the term
of the Redevelopment Plan, The covenants against discrimination
contained in paragraphs ~b and 3, shall remain in effect in
perpetuity. The covenants in paragraph 1 pertaining to the
restrictions on rental ,of mobilehome space to households af low
to moderate income'shal'l remain in effect at all times for the
term of the Redeveiopfuent Plan.
IN WITNESS WHEREOF, the Agency and the Participant have
executed this Agreement.
Dated':
~-<5- 91
POWAY REDEVELO MENT AGENCY
ATTEST:,
fi-/
,
"AGENCY"
111~"'-
Secret ry
t'. P\J ~8tv
Dated:
[-.).<; -"1 I
POWAY LAND INC., a California
corporation
By:
(ff; 4^ ~'A j !,;v:< i2A'1
{)/Jty,u (/ ~ ;f!//c---. ~.
cJ '
"DEVELOPER"
By:
01/24/91
3977n/2345/015
ATTACHMENT NO. 5
Page 12 of 14
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1843
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STArE OF CALIFORNIA
)
) s's.
)
COUNTY OF SAN DIEGO
On :J'~"u.A~I :<.5 , 1991, before me, the undersigned, a
Notary Public in. and or 'said St,atp.~ p~rS()nallY appeared
r' '\ ' " I"'lIlR;n>RIE' K. W~H "E-<>
r",,, \","-0 oIS......'-tc".. ,.f.'ersonally nown to me (or proved to
mc on ;-1:)0 b.u;Ji 0 of oatiGf:;J.ctgr~' E'Hi ,.,pn...p) to be the person whO
executed this instrument as the Chairman ahd Secretary of the
POWAY REDEVELOPMENT AG~NCY and acknowledged to me that the
POWAY REDEVELOPMENT AGENCY executed it.
~. " OFFICIA\;SEAL
,.' .-'. CATHY,BROKAW
: " NolIiIj I'IdIlIO-CllIlIIa
;:;.,; SAN DIEGO COUNTY
.~... 1It~;Exp.Mayl"'l993
C~,~
Signatureo~tary Public
(SEAL)
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On T"'''''''''RI!; :25. /9"1' before me, the
undersigned, a Notary Pulic'in and for said State, personally
appeared P,<..J,.,n~"/ L, ku<? /-,1...,.. ,pgr,,'onally J[Rg~!~ ;-n mE'
er-proved to me o'n the basis of satisfactory evidence to be the
person who executed the within instrument as the
President, and t:'J /iJa.", J", kw,...l-,I<U" , pcrGoR:llly
~nnwn tn me nr proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as
the Secret",ry of POWAYLAND INC.. a California
corporation, tho limife,.,' pi'lrtnership that executed the within
instrument,. and acknowledged to me that such 'j3artnoro:Rij3 ="'/,,0<""- -rIC",-
executed the wi thin instrument .F"l?J7"'M..-'." +-~i
WITNESS my hand and official seal.
@,_.;..PFFIClAI.SEAl'
, . '. CA1lfYlIROKAw
.'. Nofmy.~
'!'O" IANlllEGOCOUNlY
. My CaIIm. Elop. "" 14. 1993
Cd, v:f~~
(SEAL)
Ol/.24]'9:l
39,77n/23:45/0l5
ATTACHMENT NO. 5
Page 13 of l4
COMMUNITY,MIDLAN D
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EXHIBIT "A"
1844
THESIJE (PARCE[A)
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24
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ATTACH~lENT NO'5A