Certificate of Completion & Amendment to Deed Covenants 1989-186446,. ~
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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
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D~ 2 0 0 3
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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,
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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
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M/GRANTl -3
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LEGAL DESCR1FT;P~05
-DEVELOPER PORTION
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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
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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
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