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Certificate of Completion & Amendment to Deed Covenants 1989-186446,. ~ . "2002 1-/</ 8,9 \,8;6_6 ,'- f<2CemJED 'i. -~ r; "-'~~'-"-j ;:H.-~"( ,::- . "F f ,1"._,. L..A")RO,, 0r S)\:~ FjEJ~D: ;-;I.}t;l-HYi CJ\. 'i>.J.. R~cording' Requested 'by! ti ty of poway When Recorded ,Return to and Mail Tax Statements to: 89APR 10 ,PM 3: 5,4 . I VEF:;, L. L YLE;_ I ~oUfn'( EfCORDE~ CITY CLERK'S OFFICE CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 CERTIFICATE OF COMPLETION FOR CONSTRUCTION AND DEVELOPMENT AND AMENDMENT TO DEED COVENANTS NOF~ WHEREAS, by Grant Deed dated May 13, 1987 and recorded on May 26, 1987 as No. 87-290444 of theo'fficial records of the County Recorder of the County Of San Di ego, Ca lifornia, the poway Redeve I opment Agency, a pub lie body, corporate and politic, hereinafter ,referred to as "Agency," conveyed to R&R Partner~ - Poway, a Cal i.forniaGener:al Partnership, hereinafter referred to as the "Developer," certain real property situated in the City of Poway, Ca.l ifornia described on Exhibit "1" attached hereto and made apart hereof; and WHEREAS, as referenced in said Grant Deed, the Agency shall furnish the Deve I oper with a Certificate of Compl et i on upon comp I et ion of construct i on and development, which certif,icate shall be in such form as to permit it to be recorded in the Recorder"s Office of San Diego County; and WHEREAS, such Certific,ate ,shall be conclusive determination of satis- factory completion of the construction and development required by the Grant Deed; and WHEREAS, Paragraph 5 of the aforementioned Grant Deed contains a con- dition subsequent providing for revesting in event,of violation of the provi- s,i ons set out in sai d Deed a fter conveyance and pri or to recordat i on of the Certificate of Completion and certain lien and option to purchase rights, which will terminate upon recordation of the Certificate of Completion; and WHEREAS, the ,Agency has conclusively determined that the construction and development on the abov~-described real property required by the Grant Deed has been satisfactorily completed; and WHEREAS, prior to the recordation of the said Grant Deed, Developer and the Agency enteredi nto a Di spos it i on and Development Agreement, a' Memorandum of wh'ich was r:ecorded on May 27, 1987' as Instrument No. 87-290446 of the Offi cial kecords of'the County recorder of the County of San Diego, California; and WHEREAS, the recorded Memorandum of sa,id Di,sposition and, Development Agreement provides that from and after the recordation of the Certificate of Completion, al'l of the covenants and agreements of the Developer Set forth in the D,;spos'it i on and Development Ag reement s'hall automat i ca 11 y become the per- sonal covenants and obligations of the Developer, only, and that s~jd covenants and agr:eements shall not run with the land or be 'binding upon or enforceable against 'any successor in interest of the .Developer, as the owner of the real property encumbered by the Disposition and Development Agreement, or any portion thereof, or any pe~son or entity acquiring any interest in and to said real pro- perty by ,or under the Developer; and , .. ; . D~ 2 0 0 3 . WHEREAS, the ,saJd Di?pos,ition and.. Development AgreemenJ. provides for the above described lien righf~ in Section 707, for certain additional 1 ien rights i'n Sect,ion 320 and for the above-described option 'to purchase and revesting rights in Sections 702 and 616, all of which shall terminate and be of no further force or effect upon recordation of the Certificate of Completion; and WHEREAS, the Agency intends that this Instrument constitute the Cert i fi cate of Compl edon descri bed in sa i d Grant Deed, the sai d Di spos it ion a'nd Development Agreement and said Memorandum of said Disposition and Development Agreement. NOW, THEREFORE, 1. As provided in said Grant Deed, the Agency does hereby certify that the construttion and develGpment has been fully and satisfactorily per- formed and completea. 2. Said condition subsequent described in Paragraph 5 of the Grant Deed has been fully and satisfactorily performed and is of no further force or effect by reason thereof. 3. The aboVe-described option to purchase, lien and/or revesting rights described in Paragraph 5 of the Grant Deed and in Sections 320, 616, 702 and 707 of the said Disposition and Development Agreement have terminated and are of no further force or effect. 4. The three (3) year period during which the "Minimum Assessment Amount" for the purposesof'ana as defined in Paragraph 70f the Grant Deed is THIRTEEN MILLION DOLLARS ($13,ODO,ODO) corrrnenced on May 26, 1988. 5. The covenants and agreements of the Developer under the Disposition and Development Agreement are the personal covenants of the Developer only and do not run with tne real property encumbered by the Disposition and Development Agreement and shal.l not be binding upon or enfor- ceable against any suctessor~ in interest of the Developer acquiring title to said real property, or any interest therein, or any 'person acquiring any interest in and to said real property by or under the Developer, it being understood that all covenants and agreements of the .Developer under the Di spos iti on and Deve 1 opinent Agreement whi ch are to run with the I and foIl owi ng the recordation of this Instrument have been set forth in the above-referenced Grant Deed. 6. The above-described Grant Deed is hereby amended by deleting sub- paragraph 3(d) and by substituting the following new subparagraph in its place: (d) Grantee covenants and agrees that (i) that portion of the real property described in the attached Exhibit "B," legally described as Parcel 5 of Parcel Map No. 14824 in the Ci,tyof Poway, County of San Diego, State of California, Page 2 of 2 , . ,. '2004 - according to Map filed May 27,1987 in Official Records in and for ~a i d County, sha 11 be i niti a llydevel oped and used as a bank, savings and loan associaJion or other financial institution or as a quanty sit-down restaurant only, and (ijJ that portion of t~e real property described in the attaChed Exhibit "B," legally des'cr.ibedas Parcel 4, of sa'id parcel Map, shall initially be developed and u~ed as a quality sit-down restaurant only. The term "quality sit-down restaurant" refers to a restaurant such as a Reubens, Seafood Broiler, Monterey Bay Canners, Velvet Turtle, Black Angus, or similar type of sit-down res tau rant. 7. Nothing conta,ined in this instrument shall modify i.n any other way any other provisions of said Grant Deed. IN W!TNESSWHEREOF, the Agency has executed th is cert i fi cate this 21 st day of March, 1989. POWAY REDEVELOPMENT AGENCY STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) rI. On the ') - day of fl,:;fZ'-[ , 1989, before me, the, undersigned, a Notary Public, in and for said State and County, personally appeared 0AmfS L.J3""0r=J<:S<>.x , personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person who executed the within instrument as the Executive Director of the poway Redevelopment Agency and acknowledged to me that the poway Redeve I opment Agency executed it. WITNESS my hand and official seal. €I OFFICIAL SEAL .' ., . CATHY BROKAW ~. m. . NOTAm' PUB.lIC."; e~FORNIA ( " ~N DI EGO COUNTY .. My comm. expires APR 21, li89 ~ ,,-/5Cdo~~ Nota ry Pu n c Page 3 of 3 M/GRANTl -3 ;' l LEGAL DESCR1FT;P~05 -DEVELOPER PORTION . Tha:t certain real property located in the County of San Diego, State of Cali~ornia, described as follows: THAT PORTION OF SECTIONS 2 AVD II, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDIN.O MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE dF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED SEPTEMBER II, 187', ALSO BEING'A PORTION OF PARCEL 1 AS 'DESCRIBED IN DEED TO T~E COUNTY OF sAv DIEGO RECORDED OCTOBER 31, 1980 AT FILE/PAGE, NO. 80-365974, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGI!lNING AT THE INTERSECTION OF THE CENTERLINE OF POHERADO ROAD WITH THE SOUTH LINE OF SAID SECTION 2, AS SHOWN ON RECORD OF SURVEY MAP,NO. 6563, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 21, 1965, SAID POINT BEARS SOUTH 86-38-10 EAST" 1~94.08 FEET (REC013D QF SURVEY NO. 6563 ~ SOUTH 86-'37-45 EAST, 1294.88 FEET) PROM THE SOUTW"EST CORNER QF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OP SAID SECTION 2 SOUTH 86-38-10 EAST, 48.72 FEET {DEED a SOUTH 86-37-45 EAST, 49~05 FEET) TO A LINE THAT IS PARALLEL WITH AND 33.00 FEET EASTERLY, HEAS.URED AT RIGHT ANGLES FROM THE CENTERLINE OF ROAD SURVEY NO. 1859-2, ON FILE IN THE OFFICE OF THE COUNTY ENGIN:EER; THENCE LEAVING SAID SOUTH LINE ALONG SAID PARALLEL LINE NORTH 1-05-35 EAST, 523.24 FEET (DEED = NORTH l-05-02 EAST, 523.80 FEET); THENCE. LEAVING SAID PARALLEL LINE SOUTH. B8-54-25 EAST (DEED _ SO~TH 88-54-58 EAST), 185.40 FEET; THENCE SOUTH 74-19-43 EAST (DEED = SOUTH 74- 19-10 EAST) 118.40 FEET; TH'ENCE NORTH 51-43-07 EAST (DEED = NORTH 51-43-40 EAST), 138.84 FEET TO AN ANGLE POINT IN THE BOUNDARY 01" COUNTY OF SAN DIEGO TRACT NO. 4107, AS SHOWN ON HAP THEREOF NO. 10258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 6, 1981; THENCE ALONG THE BOUNDARY OF SAID HAP NO. 10258, SOUTH 46-10-53 EAST, 69.30 FEET AND CONTINUING ALONG SAID BOUNDA..QY SOUTH 74-4,9-13 EAST,. 72.50 FEET AND NORTH 83-41-27 EAST, 173.00 FEET AND NORTH 12-13-51 EAST, 198.52 FEET ANri NORTH 53-16- 31 EAST, 54.58 ,FEET TO THE, SOUTHWESTERLY SID.ELINE OF TWIN PEAKS ROAD (FQRMERLY CAMINO DEL NORTE) (126.00' FEET WIDE); THENCE LEAVING SAID TRACT BOUNDARY ALONG SAID SOUTHWESTERLY SIDELINE SOUTH 36-43-29 ;::AST, .403.25 FEET TO'.,A POINT I}l THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT. BEARS' NORTH, 53-16-31 EAST;, THENCE LEAVING SAID SOUTHWESTERLY SIDELINE COUNTER-CLOCKj'l,ISE ALONG THE ARC OF SAID CURVE THROOGH A., CENTRAL, ANGtE o~ 90"':00-00, ,A DISTANCE ,OF 3 9.27 ,FEET;, TBENCE TANGENT. TO S.UD CURVE S'OUTH 53-16-31 WEST",' 110.93 ~EET TO THE BEGINNI.NG" OF ";TANGENT 787.00 FOOT" RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE 'SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TH~OUGH A ~ENTRAL ANGLE OF 16-52-22 A DISTANCE OF.231.76 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36-24-09 WEST, 100.03 FEET TO THE BEGINNING OF A TANGENT 913.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48-40-13 A DISTANCE OF 775.55 FEET TO A POINT 0P,R~VERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LiNE TO SA~D POINT FROM SAID 25.00 'FOOT RADIUS CURVE BEARS NORTH 4~55-38 ~E~T; TBENCE SOUTHWESTERLY ALONG THE ARC OF SAID 2S.00 FOOT RADIUS CURVE EXHIB!T 1 Parle 1 'of 2 ~ .' -1 . ." 2006 . THROUGH A CENTRAL ANGLE OF 83-45-,26 A DISTANCE OF 36.55 FEET TO A LINE THAT IS PARALLEL WITH AND 5'1.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THE ABOVEMENTIONED COUNTY OF SAN DIEGO ROAD SURVEY NO. 1859-2; THENCE PARALLEL WITH SAID CENTERLINE SOUTH 1-18-56 WEST (ROAD SURVEY NO. 1859-2 ~ SOUTH i-, 18-0'8 WEST), 500.00 F.EET; THENCE AT RIGHT ANGLES NORTH 88.-41-04 WEST('60.40 FEET TO THE ABOVEMENTIONED CENTERLINE OF POMERADO ROAD AS SHOWN ON RECORD OF SURVEY NO. ~563~ THENCE ALONG SAID CENTELINE' NORTH o-so-5i EAST (RECORD OF SURVEY NO. 6563= NORTH 0- 50-40 EAST), 769.9~ FEET TO THE POINT OF BEGINNING. .THE COUNTY OF SAN pIEGp HEREBY FURTHER G~ANTS THE PRIVILEG:E. AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF TEE ABOVE DESCRIBED PROPERTY, WHERE REQUIRED, FOR THE CONSTRUCTION AND MAINTENANCE .OF A CITY HIGHWAY. THE EXTENSION OF SAID DRAINAGE STRUCTURES AND EMBANKMENT SLOPES SHALL NOT CAUSE THE OWNERSH,IP OF THAT CERTAIN PARCEL OF LAND DESCRIBED INDEED RECORDED OC"TOBER 31, 1980 AT FILE/PAGE NO. 80- 365974, OFFICIAL RECORDS TO REVERT TO THE COUNTY OF SAN DIEGO. eXHIB!T 1 Page 2 of 2 .ie,""" '1/':' ,. I. I I , I I ,I I l I : : J I " i I i I " I .1 l I I I I I i . I I 1.1 SItE MAP ~ . 5/lN MIlRCoS PI9RCEL l o ~..~ (:J~~~ ~~ ,H[g> "'''' ,-'" 3 . D:l~" JJ ~. i ~ "'G .!:J~'< ~~ "fi ~ii" ~~~ i : OEVEJ.OFER RJRT/ON i , I. , 0".. ,~. . .0 , i ,,' ,I ;1 . :i \: I /1GENCY R>fii'TlO/f I ,...L. I ATTACHMENT 1 ] . J.R.IEYAHS co. rT'.' 7...-.o.s. ..mri "