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Certificate of Completion 1998-0207892b . �_ 1 L a/ 832 � ' 020 f RECORDING REQUESTED BY ) OFFICTIL RECORDS AND WHEN RECORDED MAIL TO: ) SRN DIEGO COUNTY RECORDER'S OFFICE GFEGURY J. SMITNI COUNTY RECOf:DER FEES: 0.00 ATTN: Secretary ) Poway Redevelopment Agency IIIIIIIIIIiII I IIII III IIIIIIIIIIIIIIIII IIIIIII IIIIiI II IIII P. O. Box 789 ) Poway, CA 92074 ) 1998- 0207892 This document is exempt From the payment of a recording fee pursuant to Government Code Section 6103. CERTIFICATE OF COMPLETION - AGENCY SITE IMPROVEMENTS THIS CERTIFICATE OF COMPLETION (the "Certificate ") is made by the POWAY REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency "), in favor of WILLIAM D. LOVELL, as trustee of The William D. Lovell Family Trust dated June 2, 1997 (the "Developer "), as of the date set forth below. RECITALS A. The Agency and Murrieta Springs Plaza (the "Developer ") and F.T. Von der Ahe Company (the "Participant ") have entered into that certain Amended and Restated Disposition, Development and Owner Participation Agreement (the "Agreement ") dated November 12, 1996, concerning the redevelopment of certain real property situated in the City of Poway, California as more fully described in Exhibit "A" attached hereto and made a part hereof. B. The Developer and William D. Lovell, Trustee of The William D. Lovell Family Trust, dated June 2, 1997, have entered into an Assignment and Assumption of Developer's Rights ( "Assignment ") dated December 31, 1997, whereby the Developer as Assignorassigns to William D. Lovell as Assignee all, of its right, title and interest in and to the Agreement in its capacity as Developer, and the Assignee accepts such assignment and assumes performance of all terms, covenants and conditions on part of the Assignor, in its capacity as the Developer. The Agency has consented to this Assignment. C. As referenced in Section 313.1 of the Agreement, the Agency is required to furnish the Developer or its successors with a Certificate of Completion upon completion of construction of the Agency Site Improvements (as defined in Section 100 of the Agreement), which Certificate is required to be in such form as to permit it to be recorded in the Recorder's Office of San Diego County. This Certificate is conclusive determination of satisfactory completion of the construction and development of the Agency Site Improvements as required by the Agreement. 0 833 D. The Agency has conclusively determined that such construction and development of the Agency Site Improvements has been satisfactorily completed. NOW, THEREFORE, the Agency hereby certifies as follows: 1. The Agency Site Improvements to be constructed by the Developer have been fully and satisfactorily completed in conformance with the Agreement. 2. Nothing contained in this instrument shall modify in any other way any other provisions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this Certificate of Completion this 8th day of April, 1998. ATTEST: �Ua t Agen k S retary POWAY REDEVELOPMENT AGENCY, a public body corporate and politic 1 By: I wI Its: Assistant Executive DirectoT 2 . , CERTIFICATION MADE UNDER PENALTY OF PERJURY (C.C.P. 2015.5) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date 4194 Rac.Fo,m NR7 WU 1,0 Signature -ORNIA ACKNOWLEDGMENT State of 83 County of Notary Pu Name and Title of Ceticer (W., �jade ixt,a, r / personally appeared vnMN MAC 26 'a C Dili 01039231 Z �.• Notay Pibic — cadfanlo SAN DIEGO couNrf NlyCortvni . SEP 21,1996 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name /are subscribed to the within instrument and acknowledged to me tha he she /they executed the same in is er /their authorized capacityNs)ti and that by is er /their signatures on the instrument the person, or the entity upon behalf of which the persor?() acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL �Q Signature of Notary Pubb Though the information below is not required by law, it may prove valuable to persons relying 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 Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT "' OF SIGNER . Signer's Name: El El ID ❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: R_ IGHT THUMBPRINT OF. SIGNER 0 1996 National Notary Association • 6236 Remmet Ave , PO. Box 7184 • Canoga Park, CA 9139 -7180 Prod. No. 5907 Reorder Call Ton -Free 1- 888 - 6766827 • EXHI3IT "A" 0 AGENCY SITE LEGAL DESCRIPTION 836 PARCEL 1: THE EAST 150 FEET OF THE NORTH 267 FEET OF THE EAST HALF OF THE NORTHEAST_ QU?RT=R OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SAN BER`IARDT_NO ME.RIDT_AN. PARCEL 2 : A NCN- EXCLUSIV,-�_ EASEYDTT FOR EGRESS AND INGRESS FOR VEHICTJLA.R AND FOOT TRAFFIC FROM PROPERTY OWNED BY SECTRAS COR-PORATION TO POWAY PLAZA SHOPPING CENTER OVER AND ACROSS THE SOUTHERLY 25 FEET OF THE NORTHERLY 225 FEET OF THE EASTERLY HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAY BE.RNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINGLY TO OFFICI.AL PLAT THEREOF. RESERVING FROM PARCELS 1 DESCRIBED ABOVE AN EASEMENT FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 13; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13 NORTH 88 042137° WEST 150.02 FEET TO THE WESTERLY LINE OF SAID EAST 150 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID WESTERLY LINE SOUTH 2 019'32° WEST 50.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 75 021'55^ EAST 26.02 FEET TO A LINE PARALLEL WITH AND LYING 56.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID PARALLEL LINE SOUTH 88 °42'37" EAST 48.13 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 'FEET; THENCE LEAVING SAID .PARALLEL LINE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91 °02'09° AN ARC LENGTH OF 39.72 FEET TO A LINE PARALLEL WITH AND LYING 51.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE, EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID PARALLEL LINE SOUTH 2 °19'32° WEST 185.58 FEET TO THE SOUTHERLY LINE OF SAID NORTHERLY 267 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88 °42'37" EAST 51.01 FEET TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13 THENCE ALONG SAID EASTERLY LINE NORTH 2 019'32° EAST 267.04' TO THE POINT OF BEGINNING. 3