Site Lease 1995-0296859lru1,.,,,,,dry,
DR 0 1975-06859
12 -JUL -1995 03 =52 PM
OFFICIAL RECORDS
RECORDING REQUESTED BY AND ) SAH DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY SMITH, COUNTY RECORDER
FEES, 0.00
STRADLING, YOCCA, CARLSON & RAUTH )
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660 )
Attention: Denise E. Hering, Esq. )
This document is recorded for the benefit of the City of Poway, and the recording is fee - exempt
under Section 27383 of the Government Code.
SITE LEASE
by and between
CITY OF POWAY
and
POWAY REDEVELOPMENT AGENCY
Dated as of July 1, 1995
Relating to
$9,315,000
1995 REFUNDING CERTIFICATES OF PARTICIPATION
(1986 CAPITAL IMPROVEMENT PROJECTS)
0 0
SITE LEASE 112
This Site Lease is made and entered into as of July 1, 1995, by and between the
CITY OF POWAY, a municipal corporation of the State of California ;(the "State ") duly
organized and existing under and by virtue of the laws of the State, as lessor (the "City"), and
the POWAY REDEVELOPMENT AGENCY, a political subdivision of the State duly organized
and existing under the laws of the State, as lessee (the "Agency ").
WITNESSETH.-
WHEREAS, the City has entered into this Site Lease (the "Site Lease ") with the
Agency for the purpose of leasing the,real property (including.,all existing buildings, structures
and improvements thereon, excepting °only in Parcel A thereof the City's potable water storage
clearwell measuring 508' in length and 270' in width with a total storage capacity of 10 million
gallons located on the western end of Parcel A, and an easement for access to the clearwell from
Lake Poway Road for maintenance of the clearwell, and an easement for water line connection
from the City of Poway Water Treatment Plant to the clearwell described in Item Two of
Exhibit A hereto and an easement, providing access thereto) described. -in Exhibit A hereto as such
Exhibit A may be amended and supplemented from time to time (the "Site "), to the Agency, as
lessee hereunder; and
WHEREAS, the City intends to sublease the Site from the Agency, pursuant to the
terms of that certain Lease Agreement, dated the date hereof, between the Agency and the City
(the "Lease ") in order to obtain funds to advance refund the outstanding portion of those certain
$10,000,000 1986 Certificates of Participation (Capital Improvement Projects) which was used to
finance the acquisition and construction of certain public improvements (such portion being
referred to herein as the "Prior. Certificates ") which advance refunding will lower the City's costs
of financing and provide a benefit to the City; and
WHEREAS, by resolution of the City Council of the City, the City has agreed to
execute this Site Lease and to deliver it upon performance and compliance by the Agency of all
terms or conditions of this contract to be performed concurrently herewith, including without
limitation, the delivery of certain, certificates of participation (the "Certificates ") executed and
delivered on,the,Delivery Date therefor pursuant to that certain Trust, Agreement, dated as of the
date hereof (as' amended and supplemented from time to time, the "Trust Agreement "), among
the Agency, the City and Bank of America National Trust and Savings Association, as trustee
(the "Trustee ");
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration, it is hereby mutually agreed as follows:
SECTION 1. Definitions. Unless the context otherwise requires, the capitalized
terms herein which are not defined herein shall have the meanings specified in the Trust
Agreement. The following terms shall have the meanings set forth below:
PUSL:27181_4� 139�B2345.62
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"Asbestos Containing' Materials" shall mean material in friable form containing
more, than one percent (1 %) of`the,asbestiform varieties of (a) chrysotile (serpentine);
(b) crocidolite '(ricbeckite); (c) amosite (cummington- itegrinerite); (d) anthophyllite; (e) tremolite;
and (f) actinolite.
"Bond Insurer" shall mean Financial Security Assurance Inc. or any successor
thereto.
"Environmental. Regulations" shall mean a111aws Tand Regulations, now or hereafter
in effect, with respect to Hazardous Materials, including, without limitation, the Comprehensive
Environmental Response, Compensation,, and Liability Act, as amended (42 U.S.C. Section
9601, et M.) (together with the`regulations promulgated thereunder, "CERCLA "), the Resource
Conservation and.Recovery Act, as amended (42 U.S.C. Section 6901, gt seq.) (together with
the regulations promulgated thereunder, "RCRA "), the Emergency Planning and Community
Right -to -Know Act,.as amended (42 U.S.C. Section 11001 et kg.) (together with the regulations
promulgated thereunder, "Title III "),. the Clean Water Act, as amended;(33 U.S.C. Section 1321,
et sec.) (together with the regulations promulgated thereunder, "CWA "), the C1ean.Air Act, as
amended (42 U.S.C. Section 7401; gt seq.) (together with the regulations promulgated
thereunder, "CAA ") and the Toxic Substances Control Act, as amended (15 U.S.C. Section 2601
et sec.) (together with the regulations promulgated thereunder, "TSCA "), and.any state or local
similar laws and regulations and any so- called local, state or federal "superfund" or "superlien"
law.
"Hazardous Materials" shall have the meaning given in Section 14(a).
"Laws and Regulations" shall have the meaning given in Section 14(a).
"Release" shall have the meaning given in Section 14(a).
SECTION 2. Lease•of'the Site: Substitution. The City hereby leases to the
Agency and the Agency hereby leases from the City the Site, on the terms and conditions
hereinafter set forth.
The City reserves the right at any time to substitute other real property and
improvements for the.real property described in Exhibit A hereto, upon compliance with the
provisions of Section 3.6.of the Lease (a "Substitution "). In the event of such Substitution, the
parties hereto agree to execute the appropriate documents evidencing'the termination of the
Agency's right hereunder in the prior Site or any portion thereof and its acceptance of an interest
in the new 'Site, such documents to include the replacement of Exhibit A hereto with a new
Exhibit A accurately, describing the substitute real property and any improvements thereon. The
Agency shall not be entitled to any offset, abatement or reduction in rental hereunder as a result
of any Substitution.
SECTION 3. Term. The term of this Site Lease shall commence on the date of
recordation of this Site.Lease in the office of the County Recorder of San Diego County, State of
California, or on July 1, 1995, . .whichever is earlier, and shall end on August 10, 2011 unless
such term is extended or sooner terminated as hereinafter provided. If on August 10, 2011 the
Certificates and all other amounts due under the Trust Agreement and the Lease Agreement shall
ruBU27181_41138162345.62
114
not be fully paid, or if the rental or other amounts payable under the Lease Agreement shall have
been abated at any time,and for any, reason, then the term of this Site Lease shall be extended
until ten (10) days after the Certifcates` and all other amounts due under the Trust Agreement and
the Lease Agreement shall be fully paid, except that the term of this Site Lease shall in no event
be extended beyond August .10, 2021. If prior to August 10, 2011 the Certificates and all other
amounts due under the Trust Agreement and the Lease Agreement,shall be fully paid, the term of
this Site Lease,shall.end ten (10) days thereafter or (10) days after written notice by the City of
the Agency, whichever is earlier;
SECTION 4. Rental. The Agency, or any assignee or successor in interest of the
Agency under this'Site Lease, shall pay upon execution and delivery of this Site Lease to the City
as and for rental . hereunder, the sum of'$9,134,205.63, the receipt and sufficiency of which is
hereby acknowledged by the,.City. The Agency shall pay such rental to the Trustee for
disbursement in accordance with Section 401 of the Trust Agreement. The Agency hereby
waives any right that it may have,under the laws of the State of California to receive a rebate of
any rent paid hereunder in full or in part in the event there is a substantial interference with the
use and right of possession by the Agency or its sublessee of the Site or any portion thereof as a
result of material damage, destruction or condemnation.
SECTION 5. Purpose: The Agency shall lease back the Site to the City pursuant
to the Lease. for the purposes described in the Lease and for such purposes as may be incidental
thereto.
SECTION 6. Representations. Warranties and.Covenants. The City represents and
warrants that it is the owner in:feeof the Site. The Agency covenants that it shall not sell,
assign, mortgage or encumber the'Site or the Site Lease exceprfor Permitted Encumbrances (as
such term is defined in the Lease).
SECTION 7. Assignments. The City acknowledges and affirms the absolute
assignment by the Agency of all, its,r,ight, title and interest in and to this; Site Lease to the
Trustee, under the terms of the Assignment Agreement dated as of the date hereof, between the
Agency and the Trustee; for the benefitof the Owners of the Certificates. No other assignment
of any rights hereunder shall be permitted without the consent of the City, the Insurer and the
Trustee.
SECTION 8. Actions,on Termination. The Agency agrees, upon the termination
of this Site Lease, to quit and surrender the Site in the same good order and condition as:it was
in at the'time the real property then constituting the Site became subject to this Site Lease,
reasonable wear and tear excepted, and agrees that any permanent improvements and structures
existing upon the Site at the time of the termination of this Site Lease shall remain thereon and
all interest therein shall vest in the City free and clear of any interest of the Agency.
SECTION 9. Ouiet Enoyment. The Agency at all times during the term of this
Site Lease shall..peaceably and quietly have, hold and enjoy all of the Site, subject only to
Permitted Encumbrances (as such term is defined in the Lease).
SECTION 10. Default. In the event the Agency shall be in default in the
performance of any obligation on its part to be performed under the terms of this Site Lease,
euaL:27181 41138162345.62 3
115
which default continues for 180 days following written notice to and demand for correction
thereof by the City,,the City may with the prior written consent of the .Trustee and the Bond
Insurer exercise any Iandlal[remedies granted by law which do not adversely affect the interests
of the Owners of the Certificates and the owners of any Additional Certificates, rop vided that the
City may not terminate this Site Lease and shall exercise only remedies providing for specific
performance hereunder.
SECTION 11. Taxes. The City covenants and agrees to pay any and all
assessments of any kind or character and also all taxes, including possessory interest taxes, levied
or assessed upon'the Site.
SECTION 12. Eminent Domain. In the event the whole or any part of the Site is
taken by eminent domain proceedings, the. interest of the Agency shall be recognized and is
hereby determined to be the amount of unpaid Lease Payments and Additional Payments due
under the Lease.
SECTION 13. ,Com lliaitce with Law. Regulations. Etc.
(a) The City has; after due inquiry, no knowledge and has not given or received
any written notice indicatin&that the Site or the past or present use. thereof or any practice,
procedure or policy employed by it in .the conduct of its business materially violates any
applicable law, regulation, code; order, rule, judgment or consent agreement, including, without
limitation, those relating to zoning, building, use and occupancy, fire safety, health, sanitation,
air pollution, ecological matters, environmental protection, hazardous or toxic materials,
substances or wastes, conservation, parking or restrictive covenants or other agreements affecting
title to the Site (collectively, "Laws and Regulations "). Without limiting the generality of the
foregoing, neither the City nor to the best of its knowledge, after due inquiry, any prior or
present owner, tenant or subtenant of the Site has, other than as set forth in subsections (a) and
(b) of this Section or as may have been,remediated in accordance with Laws and Regulations, (i)
used, treated, stored, transported or disposed of any material . amount of flammable explosives,
polychlorinated biphenyl compounds, heavy metals, chlorinated solvents, cyanide, radon,
petroleum products, asbestos or any Asbestos Containing Materials, methane, radioactive
materials, pollutants, hazardous materials, hazardous wastes, hazardous, toxic, or regulated
substances or related materials, as defined in CERCLA, RCRA, CWA, CAA, TSCA and Title
III, and the regulations promulgated pursuant thereto, and in all other Environmental Regulations
applicable to the City, the Site or the business operations conducted by the City thereon
(collectively, "Hazardous Materials ") on, from or beneath the Site, (ii) pumped, spilled, leaked,
disposed of, emptied, discharged or released (hereinafter collectively referred to as "Release ")
any material amount of Hazardous Materials on; from or beneath the Site, or (iii) stored any
material amount of petroleum products at the Site in underground storage tanks.
(b) Excluded from the representations and warranties in subsection (a) hereof
with respect to Hazardous Materials are those Hazardous Materials in those amounts ordinarily
found in the inventory of public office, recreational, storage or maintenance facilities or used in
the maintenance of public office, recreational, storage,or maintenance facilities, the use,
treatment, storage, transportation and disposal of which has been and shall be in compliance with
all Laws and Regulations.
PUBL:27181_4 1138 1 82345.62 4
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(c) No par of the Site also located in an area of high potential incidence of
radon has, an unventilated`basement or subsurface portion which is occupied or used for any
purpose other than4he support of the improvements to the Site.
(d) The City has not received any notice from any insurance company which
has issued a policy with respect to the Site or from the applicable state or local government
agency responsible for insurance standards (or any other body exercising similar functions)
requiring the performance of any repairs, alterations or other work,'which repairs, alterations or
other work have not been completed at the Site. The City has not received any notice of default
or breach which has not been cured under the covenant, condition, restriction, right -of -way,
reciprocal easement agreement or other easement affecting the Site which is to be performed or
complied with by it.
SECTION 14. Environmental Compliance.
(a) Neither the Agency nor the City shall use or,permit the Site or any part
thereof to be used to.generate, manufacture, refine, treat; store, handle, transport or dispose of,
transfer, produce or process any material amount of Hazardous Materials, except, and only to the
extent, if necessary to maintain the improvements on the Site and „then, only in compliance with
all Environmental Regulations, and,any state equivalent laws and regulations, nor shall it permit,
as a result of any intentional or unintentional act or omission on its part or by any tenant,
subtenant, licensee, guest; invitee, contractor, employee and agent, the storage, transportation,
disposal or use of Hazardous Materials or the Release or threat of Release of Hazardous
Materials on, from or beneath the2Site or onto any other sites excluding, however, those
Hazardous Materials in those amounts ordinarily found in the inventory of a public office,
recreational, storage or maintenance facility the use, storage, treatment, transportation and
disposal of which shall be in compliance with all Environmental Regulations. Upon the
occurrence of any Release or threat of Release of Hazardous Materials, the City shall promptly
commence and perform, or cause to be commenced and performed promptly, without cost to the
Trustee or the Insurer, all, investigations, studies, sampling and testing, and all remedial, removal
and other actions necessary to clean up and remove all Hazardous Materials so released, on, from
or beneath the Site or other sites, in compliance with all Environmental Regulations.
Notwithstanding anything to the contrary contained herein, underground storage tanks shall only
be permitted subject to compliance'with subsection (d) and only to the extent necessary to
maintain the improvements on the Sites.
(b) The Agency and the City shall comply with, and shall cause its tenants,
subtenants; licensees, guests, invitees, contractors, employees and agents to comply with, all
Environmental Regulations, and shall keep the Site free and clear of any Liens imposed pursuant
thereto (provided, however, that any such Liens, if not discharged, may be bonded). The
Agency and the City shall cause each tenant under any lease, and use its best efforts to cause all
of such tenant's subtenants, agents, licensees, employees, contractors, guests and invitees and the
guests and invitees of all of the foregoing to comply with all Environmental Regulations with
respect to the °Site; provided; however, that notwithstanding that a portion of this covenant is
limited to the Agency's and the City's use of their best efforts, the City and the Agency shall
remain solely responsible. for ensuring such compliance and such limitation shall not diminish or
affect in any way the,Agency's and the City's obligations contained in subsection (c) hereof as
provided in subsection (c) hereof. Upon receipt of any notice from any Person with regard to the
PUeL27181 411381 B2345.62 5
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Release of Hazardous., Materials on, from or beneath the Site, the Agency and the City shall give
prompt written notice. thereof to: the City and the Bond Insurer (and, in any event, prior to the
expiration of any period in which to respond to such notice under any Environmental
Regulation).
(c) Irrespective of whether any representation or warranty contained in
Section 13 is not true or correct, the Agency and the City shall defend', indemnify and hold
harmless the Certificateholders and the Bond Insurer, its partners, depositors and each of its and
their employees, agents, officersi directors, trustees, successors and assigns, from and against
any claims, demands, penalties, fines, attorneys' fees (including; without limitation, attorneys'
fees incurred to enforce the indemnification contained in this Section 14), consultants' fees;
investigation and laboratory fees, liabilities, settlements (five (5) Business Days' prior notice of
which the City, Trustee or the Bond Insurer, as appropriate, shall have delivered to the Agency
and the City), court costs, damages,, losses, costs or expenses of whatever kind or nature, known
or unknown, contingent or to otherwise; occurring in whole or in part, arising out of, or in any
way related to, (i) the presence, disposal, Release, threat of Release, removal, discharge, storage
or transportation of any Hazardous Materials on, from or beneath the Site, (ii) any personal
injury (including wrongful death) or Site damage (real or personal) arising out of or related to
such Hazardous Materials, (iii) any 'lawsuit brought or threatened, settlement reached (five (5)
Business Days' prior notice of which the,Agency, the Trustee or the -Bond Insurer, as
appropriate, shall have delivered to the City), or governmental order relating to Hazardous
Materials on, from or beneath any, of'the Site, (iv) any violation of Environmental Regulations or
subsection (a) or (b) hereof by it or, any of its agents, tenants, employees, contractors, licensees,
guests, subtenants or invitees, and (v) the imposition of any governmental Lien for the recovery
of environmental cleanup or removal costs. To the extent that the City or the Agency is strictly
liable under any.Environmental Regulation, its obligation to the Certificateholders and Financial
Security and the other indemnities under the foregoing indemnification shall likewise be without
regard to fault on its part with respect to the violation of any Environmental Regulation which
results in liability to any indemnitee. The City's and the Agency's obligations and liabilities
under this Section 14(c) shall survive any termination of the Lease Agreement, and the
satisfaction of all Certificates.
(d) The Agency and the City shall conform to and carry out a reasonable
program of maintenance and inspection of all underground storage tanks; and shall maintain,
repair, and replace such tanks only in accordance with Laws and Regulations, including but not
limited to Environmental Regulations.
SECTION 15. Partial Invalidity. If any one or more of the terms, provisions,
covenants or conditions of this Site Lease shall to any extent be declared invalid, unenforceable,
void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or
order or decree of which becomes final, none of the remaining, terms, provisions, covenants and
conditions of this Site.Lease shall be affected thereby, and each provision of this Site Lease shall
be valid and enforceable to the fullest extent permitted by law.
SECTION 16. Applicable Law. This Site Lease shall be governed by and
construed in accordance with the laws of the State.
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SECTION 17. Representatives. Whenever under the provisions of this Site Lease
the approval of the Agency or the City is required, or the Agency or the City is required to take
some action at the request ofthe other, such approval or such request shall be given for the
Agency by an Authorized Representative of the Agency and for theCity by an Authorized
Representative of the City and any parry hereto shall be authorized to rely upon any such
approval or request.
SECTION 18. Notices. All notices or other communications hereunder shall be in
writing and shall be sufficiently given and shall be deemed given when delivered or mailed by
certified mail, postage prepaid:
If to the City: City of Poway
13325 Civic Center Drive
Poway, California 92064
Attention: City Manager
If to the Agency: Poway Redevelopment Agency
13325 Civic Center Drive
Poway, California 92064
Attention: Executive Director
If to the Trustee: Bank of America National Trust and Savings Association
333 South Beaudry Avenue
25th Floor
Los Angeles, California 90017
Attention: Corporate Trust Department
#8510
If to the Bond Insurer: Financial Security Assurance, Inc.
350 Park Avenue
New York, New York 10022
Attention: Managing Director - Surveillance
Re: Policy Number
Notice shall also be given to the Rating Agency at the address(es) then in effect for
the Rating Agency pursuant to :Section 908 of the Trust Agreement. The Agency, the City, the
Trustee and.the Bond Insurer, by notice given hereunder, may designate different addresses to
which subsequent notices or other communications will be sent.
SECTION 19. Captions. The captions or headings in this Site Lease are for
convenience only and in no way define, limit or describe the scope or intent of any provision or
section of this Site.Lease.
SECTION 20. Execution in Counterparts. This Site Lease may be executed in any
number of counterparts, each of which shall be deemed to be an original but all together shall
constitute but one and the same instrument.
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SECTION 21. Amendment. The terms of this Site Lease, shall not be waived,
altered. modified, supplemented or amended in any manner whatsoever, except by written
instrument signed by the Agency and the City, in accordance with Article VII of the Trust
Agreement, with the prior written consent of the Trustee and the Bond Insurer and subsequent
notice thereof to the Rating Agency.
IN WITNESS WHEREOF, the parties have caused this Site Lease to be executed
by their duly authorized officers on the date and year first above written.
CITY OF POWAY. as Lessor
B /y: L /4t�=
Mayor
ATTEST:
City Clerk
POWAY REDEVELOPMENT AGENCY.
as Lessee
Bv:
Chairperson
ATTEST:
Secretary
Puau2'181 3;133!B'_345.62
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State of California )
ss.
County of s )
120
On .iltiC(,t 16 1995, before me,L, J'C6s« 2JL �a a �c��
(name, title of of er, e. ane D e, Notary P is")
n
personally appeared
personally known to me —OR-
0 proved to me on'the basis of satisfactory evidence
to be the persons) whose name is7a%subscribed to the within instrument and acknowledged to
me that he/3- etdtey— executed the same in his/her/their- authorized capacity7rm and that by
his/herkheitsignatureW on the instrument the person(;, or the entity upon behalf of which person
acted, executed the instrument.
ttj;F . y a M MACZ13al seal.
Capacity claimed by signer: (Isis section is OP77oNAL.)
Cl Individual
❑ Corporate Officer(s):
❑ Partner(s):
❑ General Cl
❑ Attorney -in -fact
Cl Trustee(s)
• Guardian/Conservator
• Other:
Limited
Signer is representing:
(mine of persons or rnnry ,es
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
eueL:27181 3138182345.62
Title or Type of Document
Number of Pages _— _ ?, Date c
Signer(s) Other than Named Above
5
0 EXHIBIT A 0
121
LEGAL DESCRIPTION OF THE SITE
No. i and 2
CITY HALL OF THE CITY OF POWAY and BUILDING "C ", REDEVELOPMENT
AGENCY ADMINISTRATION, LOCATED ON PARCEL F, PARCEL F -1 AND PARCEL
F -2 AS DESCRIBED:BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA.
COUNTY OF SAN DIEGO, AND IS DECRIBED AS FOLLOWS:
PARCEL F:
THAT PORTION OF NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH RANGE 2 WEST, SAN BERNARDDQO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNT' OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES 30VERNMENP* SURVEY, APPROVED
SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
COMMENCIXG AT TEM SOUTHWEST "CORNER OF SAID NORTHEAST QUARTER-' OF THE
SOUTHWEST QUARTER; THENCE ALONG THE WES'*nRLY LINE OF SAID NORTHEAST
QUARTER OF THE SC—=WEST QUARTER, NORTH O1 °21' 50'" EAST, 247.90 FEET'TC
THE SOUTHWEST CCRNER OF T:K LAND DESCRIBED IN =TED TO WILLIAM M.
MITCHELL, ET AL, - ,CORDS: C C MBER __ =371 AS FIIZ N0. '303174 OF
OFFICIAL RECORDS; THENCE :,TONG THE SOU-_:- -RLY LINE OF SAID MITCHELL
LAND, SOUTH 89 °09'25" EAST 470.00 FEET TO THE SOUTHEAST CORIM OF SAID
MITCHELL LAND; THENCE ALONG THE EASTERLY LINE OF SAID MITC ELL_LAND
AND ITS NORTHERLY PROLONGATION NORTH 01 021'50" EAST, 406.00 FEET' TO
THE SOUTHWEST CORNER OF PARCEL 71- 0398 -'a AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED MAY =_ _972 AS FILE NO. 119095 OF
OFFICIAL RECORDS; THENCE ALONG THE SO= 77NE OF SAID PARCEL 71-0398 -
E, SOUTH 89010'ls EAST 200,.90 FEET. MORE OR LESS, TO THE EASTERLY LINE
OF THE WEST HALF CF SAID "ORT'H AST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAIZ EASTERLY LINE, NORTH 01 030'.15" EAST, 30.00 FEET TO
THE NORTHERLY L1:' OF T_ SOUTHERLY 603.94 FEET OF SAID .NORTHEAST
QUARTER OF THE S0 "HWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE
SOUTH 89 008'30" EAST 662.55 FEET, MORE OR LESS, TC THE EASTERLY LINE
OF SAID NORTHEAST QUARTER Cr THE SOUTHWEST QUARTER; THENCE ALONG SAID
EASTERLY LINE SO= 01 054'40" WEST, 283.94 FEET TO A POINT DISTANT
T171EREON.NORTH 01°54'40" EAST, 400.00 FEET FROM THE SOUTHEAST CORNER OF
SAID NORTHEAST QUARTER OF T:s SOUTHWEST QUARTER; THENCE SOUTHWESTERLY
IN A STRAIG'H'T LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY
400.,00 FEET OF SAID NORT]EEAST QUARTER OF -_^ .SOUTHWEST QUARTER DISTANT
THEREON NORTH 01054'40" EAST 200.00 FEET FROM THE SOUTHERLY LINE OF
SAID NORTHEAST QUARTER OF T?E SOUTHWEST QUARTER SAID POINT BEING THE
TRUE POI.NT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE, SOUTH
01 054'50" WEST, 200.00 F_'__ TO TL_'E SOUTHERLY LINE OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST ,QUARTER; THENCE ALONG SAID SOUTHERLY LINE,
NORTH 89009'25" WEST TO =d=.' EASTERLY LINE OF THE WEST HALF OF SAID
NORTHEAST QUARTER HALF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY
LIME OF T E WEST ::ALF OF -j NORTHEAST QUARTER NORTH 010?8'15" EAST,
583.94 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 683.94 FEET OF SAID
NORTHEAST QUARTER OF THE SC::TFiWEST QUARTER THENCE ALONG SAID NORTHERLY
LINE SOU-_:: 89 °08'30" EAST, 270.00 FEET MORE OR LESS TO A POINT THAT
BEARS NORTH 01 054'40" EAST FRCM = TRUE PPOINT OF BEGINNING; THENCE
SOUTH 01OC4'40" WEST, 48:.__ FEET TO THE TRUE POI:;-_ OF BEGINNING.
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LEGAL DESCRIPTION FOR CITY HALL OF THE CITY OF POWAY and BUII.DING
"C", REDEVELOPMENT AGENCY ADMINISTRATION, CONTINUED:
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN
DIEGO IN DEED RECORDED MAY 29. 1980 AS FILE NO. 80- 172935 OF OFFICIAL
RECORDS.
PARCEL F -l:
AN EASEMENT IN GROSS FOR PERIODIC FIRE FIGHTING TRAINING PURPOSES,
OVER THE GROUND SURFACE AND THE AIR SPACE ABOVE THE SOUTHERLY 130.00
FEET OF THE EASTERLY 40.00 FEET OF THAT PORTION OF LAND CONVEYED TO
THE COUNTY OF SAN DIEGO IN DEED RECORDED MAY 29, 1980 AS FILE NO.
80- 172935 OF OFFICIAL RECORDS.
PARCEL F -2:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS. AND EGRESS OVER THE
SURFACE AND FOR UTILITY LINES UNDER THE SURFACE OF THE EASTERLY 30.00
FEET OF THE WESTERLY 155.00 FEET OF THAT PORTION OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON RECORD
OF SURVEY MAP NO. 3966 FILED IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. JULY 3. 1956 AS FILE NUMBER
92054 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER: THENCE ALONG THE SOUTHERLY LINE THEREOF
NORTH 89 009'25" WEST. A DISTANCE OF 669.1 FEET TO THE WESTERLY LINE OF
THE EAST HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER:
THENCE ALONG SAID LINE NORTH 01038'15" EAST, A DISTANCE OF 683.94 FEET TO
THE NORTHERLY RIGHT OF WAY LINE OF THAT 60.00 FOOT WIDE STREET KNOWN
AS REMLAP WAY AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°09'25"
EAST. ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 328.00
FEET: THENCE LEAVING SAID LINE. SOUTH 01 °38'15" WEST, A DISTANCE OF
290.00 FEET: THENCE SOUTH 46 °14'25 "WEST, A DISTANCE OF 71.20 FEET THENCE
:NORTH 89 009'25" WEST. A DISTANCE OF 278.00 FEET TO SAID WESTERLY LINE OF
EAST HALF OF SAID NORTHEAST QUARTER: THENCE ALONG SAID LINE
_ dORTH 01 038'15" EAST. A DISTANCE OF 340.00 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 25.00 FEET OF THE WESTERLY 155.00
FEET THEREOF.
0
Jo . 3
123
BUILDING "A" AND "B ", ENGINEERING /PLANNING ADMINSTRATION:
Building "A" and "B ", Engineering /Planning Administration located on that certain property
conveved to the County of San Diego in Deed recorded May 29, 1980 as File No. 80- 172935 of
Official Records in the office of the County Recorder of San Diego County.
No. 4 124
FIRE STATION NO. 1 LOCATED ON PARCEL E AND PARCEL E -1 AS DESCRIBED
BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO. AND IS DECRIBED AS FOLLOWS:
PARCEL E:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER, THENCE ALONG THE WESTERLY LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 01 °21'50" EAST,
247.90 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
WILLIAM M. MITCHELL, ET AL.. RECORDED DECEMBER 29, 1971 AS FILE
NO. 303174 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHER LINE OF SAID
MITCHELL LAND SOUTH 89 009'25" EAST, 470.00 FEET TO THE SOUTHEAST CORNER
OF SAID MITCHELL LAND. THENCE ALONG THE EASTERLY LINE OF SAID
MITCHELL LAND AND ITS NORTHERLY PROLONGATION NORTH 01 021'50" EAST.
406.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 71- 0398 -E AS DESCRIBED IN
DEED TO THE COUNTY OF SAN DIEGO. RECORDED MAY 11, 1972 AS FILE NO.
119095 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTH LINE OF SAID
PARCEL 71- 0398 -E. SOUTH 89 0'10'14" EAST, 200.00 FEET, MORE OR LESS, TO THE
EASTERLY LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER: THENCE ALONG SAID EASTERLY LINE. NORTH 01 °30'15"
EAST 30.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 683.94 FEET OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID
NORTHERLY LINE SOUTH 89 008'30" EAST, 662.86 FEET, MORE OR LESS. TO THE
EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE.SOUTHWEST QUARTER
AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY
LINE SOUTH. 01 054'40" WEST 283.94 FEET TO A POINT DISTANT THEREON NORTH
01 054'40" EAST 400.00 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER: THENCE SOUTHWESTERLY IN A
STRAIGHT LINE TO A POINT ON THE WESTERLY LINE OF THE EASTERLY 400.00
FEET OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT
THEREON NORTH 01 054'40" EAST 200.00 FEET FROM THE SOUTHERLY LINE OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID
WESTERLY LINE NORTH 01054'40" EAST 483.94 FEET TO THE NORTHERLY LINE OF
THE SOUTHERLY 683.94 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER. SAID POINT BEING NORTH 89 008'30" WEST. FROM THE TRUE POINT OF
BEGINNING: THENCE SOUTH 89 °08'30" EAST IN A STRAIGHT LINE TO THE TRUE
POINT OF BEGINNING
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN
DIEGO. IN DEED RECORDED MAY 29. 1980 AS FILE NO. 80- 172935 OF OFFICIAL
RECORDS.
Ll
0
125
LEGAL DESCRIPTION FOR FIRE STATION NO. I CONTINUED:
PARCEL E -I;
AN EASEMENT IN GROSS FOR PERIODIC FIRE FIGHTING TRAINING PURPOSES.
OVER THE GROUND SURFACE AND THE AIR SPACE ABOVE THE SOUTHERLY 130.00
FEET OF THE EASTERLY 40.00TEET OF THAT PORTION OF LAND CONVEYED TO
THE COUNTY OF.SAN DIEGO IN DEED RECORDED MAY 2911980 AS FILE
NO. 80- 172935 OF OFFICIAL RECORDS.
0
0
Nb.5 126
FIRE STATION NO...2 LOCATED ON PARCEL G AS DESCRIBED BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE:OF CALIFORNIA,
COUNTY OF SAN DIEGO. AND IS DECRIBED AS FOLLOWS:
PARCEL G:
THAT PORTION OF THE WEST -HALF OF THE NORTHWEST QUARTER OF
SECTION 30, TOWNSHIP 13 SOUTH RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY
THEREOF, AS DESCRIBED -IN CERTIFICATE OF COMPLIANCE RECORDED
MARCH 22. 1979 AS FILE NO. 79- 118736 OF OFFICIAL RECORDS, AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ROAD SURVEY
NO. 335 (ESPOLA ROAD), AND THE CENTER LINE OF ROAD SURVEY NO. 722 (OLD
COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY
NO. 722. NORTH 5 040'37" EAST 100.78 FEET TO THE TRUE POINT OF BEGINNING:
ALSO BEING AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY LINE
OF THE SAN DIEGO A''QUEDUCT:, THENCE LONG SAID AQUEDUCT RIGHT OF WAY
LINE NORTH 37 024'41" WEST. 356.00 FEET; THENCE NORTH 25 030'00" EAST 241.29
FEET; THENCE SOUTH 64 °30'00" EAST 234.54 FEET TO A POINT IN THE ARC OF A
CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET SAID
CURVE BEING THE CENTER LINE, OF SAID ROAD SURVEY NO. 722: THENCE
SOUTHWESTERLY ALONG' SAID CENTER LINE AND CURVE THROUGH A CENTRAL
ANGLE OF 19 049`23" XDISTANCE OF 345.98 FEET TO THE SOUTHERLY TERMINUS
THEREOF: THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 5 °40'37" WEST
68.34 FEET TO THE TRUE POINT OF BEGINNING.
0 0
127
No. 6
14415 LAKE POWAY ROAD, VEHICLE MAINTENANCE BUILDING LOCATED ON
PARCEL C. PARCEL D AND PARCEL A -1 DESCRIBED' BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA.
COUNTY OF SAN DIEGO. AND IS DECRIBED AS FOLLOWS:
ALL THAT PORTION OF THENORTHEAST QUARTER OF'SECTION 31, TOWNSHIP 13
SOUTH. RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
POWAY. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 31. AS SHOWN
ON RECORD OF SURVEY MAP. NO. 4063. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY OCTOBER 31,1956; THENCE ALONG THE
NORTHERLY LINE "OF SAID SECTION 31. SOUTH 89 00'30 "';EAST 1532.25 FEET TO THE
NORTHWEST CORNER OF'LAND "DESCRIBED IN DEED TO POWAY MUNICIPAL
WATER DISTRICT; RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY MAY 4. 1964 AS DOCUMENT NO. 79820, IN SERIES 5,
BOOK 1964 OF OFFICIAL RECORDS. BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LAND, SOUTH 0 019'30"
WEST 381.00 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING SAID
BOUNDARY. NORTH 64059'45 "WEST 275.13 FEET; THENCE NORTH 0 °19'30" EAST
266.12 FEET TO SAID NORTHERLY LINE OF SECTION,31; THENCE ALONG SAID
NORTHERLY LINE. SOUTH 89 040'30" EAST 250.00 FEET TO THE TRUE POINT OF
BEGINNING. THE BASIS OF'BEARINGS USED FOR PARCELS B AND C ABOVE IS THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31, PER SAID
RECORD OF SURVEY NIAP NO. 4063. I.E.. "SOUTH 89 040'30 "EAST'.
PARCEL D:
ALL T?AT PORTION OF THE ,ORTHEAST QUARTER OF SECTION 31, TOWNSHIP 13,
SOUTH, RANGE 1 ;TEST, SAN nERNARDINO MERIDIAN,, IN THE CITY OF POWAY,
CCUNT'_' OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVE_- =3EREC2, ZESCRI2ED AS FOLLOWS:
3EGINNING AT T:.r-- ;ORTF QUARTER CORNER OF SAID SECTION 31, AS SHOWN ON
CORD OF SURVEY 'SAP V0. -06=, ?ICED IN THE OFFICE OF THE COIINTy
=ECCRDER CF SAI= SAN DIEGO CC== OCTOBER 31, 1956; THENCE ALONG THE
::CRT:!=RL'i _:NE CF SAID SECTION SOUTH 59040'30" EAST, _282.25 FEET;
T =NCE 7ZA ING SAID :10RTi_ai': =:,c, SOU77 0 -0019'30" WEST, 60.0.0 FEET
EEiICE .`.CR:= c90 =0' =0" ,17 —ST, =9 8. _3 FEET TO THE BEGINNING OF A TANGENT
9
0
128
LEGAL. DESCRIPTION FOR LAKE POWAY ROAD, VEHICLE MAINTENANCE
BUILDING CONTORM
<VE CONCAVE =1 rTLT`? = yJ._IG F.ADIUS OF '_:6.00 FEET; THEN E
,qES rRLY =.LONG ARC -, _AID =7VE THROUGH A CENTRAL ANGLE OF
CJ;o30'00 ", A DISTANCE CF 85._3 2 FEET; THENCE' TANGENT T00 SAID CURVE
SOUTH 69 °49'30" ',,TEST 84_52 FEET —0 THE SEGI.NNING OF A TANGENT CURVE
CONCAVE NORTHERLY, HAVING 2, RADIUS OF 244.00 FEET.; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43 000'15" A
DISTANCE OF 183.14 FEET'; THENCE TANGENT TO SAID CURVE, NORTH 67010'15"
:v -EST, 63.93 FEET TO : Z 3EGINNING OF A TANGENT CURVE, CONCAVE
SOUTHERLY ::AVING A RADIUS OF 1-56.00 FEET; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH .= CENTRAL ANGLE OF 22030'15" A DISTANCE OF
61.27 FEET THENCE TANGENT TO SAID CURVE, NORTH 89 040'30" WEST, 352.71
FEET; T=I CE NORTH 0001?'30" EAST, 60.00 FEET TO THE POINT OF
3EGINNING.
=XCEPTING THEREFROM ALL THAT :ORTION LYING WITHIN:COUNTY OF SAN DIEGO
ROAD SURVEY NO. 335 :ACCORDING TO THE MAP THEREOF'ON FILE IN THE'OFFICE
OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY.
yV ?ASEMENT AND RIGHT CF :7AY :N, UPON, OVER, UNDER AND ACROSS THE
s.�1D5 =±REINAFTE DESCRI=ED, TO ERECT, CONSTRUCT, RECONSTRUCT,
REPLACE, REPAIR, I,LAINTAi :i AND USE A PIPELIaNE OR PIPELINES FOR WATER
PURPOSES, :NCL SING 3L: .10T sIMITED TO CONDUITS AND CABLES FOR
="LEPHONE, SIGNAL. TOWER =_1D CC_MMUNICATION PURPOSES, TOGETHER WITH
IR NECESSARY F- _XMRES := 4D APPURTENANCES, AND;ALSO FOR ROAD PURPOSES
Al SUCH _OCATICNS AND = _EVATICNS UPON, ALONG;, OVER AND UNDER THE
HEREINAFTER DESCRI =ED RIG; ^F WAY AS POWAY MUNICIPAL WATER DISTRICT,
:TS SUCCESSORS AND ASSIG..S, :•tAY FROM ME TO TIME_ DEEM CONVENIENT AND
NECESSARY, TOGE71=2 WIT:: T J RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT
OF WAY FROM EXPLCSIVE, 3U: =DINGS AND STRUCTURES.
NO TREES STALL BE PLANTED CR WELLS DR:-T._ WITHIN THE LIMITS OF SAID
RlIGHT OF WAY, NCR SHALT, :.NY INCREASE OR DECREASE IN THE EXISTING OR
J- I E GROUND ELEJATION CF SAID RIGHT OF WAY BE .PERMITTED WITHODT THE
PREVIOUS WRITTEN CONSENT C7 MUNICIPAL WATER'DISTRIC2'. THE OWNER
FROM TIME TO -- -',!.E OF THE PROPERTY :N WHICH SAID RIGHT OF WAY EXISTS
SHALT. _AVE :GHT iT ER 71E _IMITATIONS HEREIN STATED TO (i)
CONSTRUCT, _—MPRCVE, REPAIR, MAINTAIN AND DEDICATE ROADS WHICH
:`TfERSECT :VD C `SS THE RIGHT O WAY HEREIN DESCRIBED; (i?) CONSTRUCT,
=ECCNSTRUC7 , '_P'_ACE , ..EPA:R, I41AIBTTAIN AND USE UNDERGROUND PIPELI.NES
0
0
129
LEGAL DESCRIPTION FOR LAKE POWAY ROAD, VEHICLE INLUNTENANCE
BUILDING CONTINUED:
FOR SEWER, WATER ;:DID G71ER :.'T:I,177 PURPOSES WHICH CROSS THE RIGHT OF
WAY EREIN DESCRIBED, = ROVI ^ED HOWEVER, THAT IN EXERCISING ANY SUCH
RIGHT, ? =E
OWNER Ct' HOPBRT 7: =N WHICZI SAID EASEMENT ::ES SHALL NOT
INTERFERE WITH ANY FACIL_77 -IRS CR _:9PROVEMENTS WHICH MAY BE PLACID IN
SAID RIGHT OF WAY EY . POWAY :•?LNICIPAL WATER DISTRICT, :':S SUCCESSORS
AND ASSIGNS.
'::E PROPERTY CC7ERED BY SAID = ASEMENT IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THAT PORTION CF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 13
SOUTH, RANGE I 'WEST, SAN BERNARDINO MERIDIAN„ IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, IESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CCRNER OF SAID SECTION 31 AS SHOWN ON
RECORD OF SURVEY MAP THEREOF NO. 4063 FILED IN THE OFFICE' OF THE
RECCRDER -OF SAID SAN DIEGO CCUNTY, OCTOBER 31., 1956; THEMM'EASTERLY
ALONG = NORTHERLY LINNE CF SAID SECTION 31, SOUTH 89 040'30" EAST
1532.25 FEET; 71ENCE LEAVING SAID NORTHERLY 'LINE SOUTH 00 °19'30" WEST
50.00 FEET; THENCE NORTH 89 040'30" WEST 748.13 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING,A RADIUS OF 166.00 FEET,;
TENC£ WESTERLY ;, LCNG= SAID C'=E 59.39 FEET THROUGH A CENTRAL ANGLE OF
20030'00" -.=CE TANGENT TO SAID CURVE SOUTH 69 049'30" WEST,, 84.52
FEET TO TIE BEGINNING' OF :=. T_`- 1'QGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF Z34. C-0 FEET; =r. -NCE WESTERLY ALONG SASD CURVE 175.63 FEET
CEN
THROUGH =XL ANGLE CF 43000'15"; THENCE TANGENT TO SAID CURVE
NORT'' 670'_0''_5" EST 63. ?3 FEET TO THE BEGINNING OF A. TANGENT 'CURVE,
CCNCAVE SOUTHERLY, HAVING A RADIUS OF 166.00 FEET; THENCE WESTERLY
ALONG SAID C'.TRVE =5.;20 F THROUGH A CENTRAL ANGLE OF 22 030'15"
THENCE TANGENT 'TC SAID C'."tVE `:CRTH 89040'30" WEST 352.71 FEET; THENCE
NORT:? 00019'30" ='LST 50.20 FEET TO THE POINT OF BEGINNING, CONTAINING
2.04 ACRES.
EXCEPTING - UlEREFROM ALL :sAT PORTICN LYING WITHIN COUNTY OF SAN DIEGO
ROAD SURVEY NO. :35 AS SAID ROAD SURVEY IS FILED IN THE OFFICE OF THE
SURVEYOR CF SAID SAN DIEGO CCUNTY.
.0
No. 7 and 8
130
14445 1AKE POWAY-ROAD, OPERATIONS, ADMINISTRATION :and WAREHOUSE
and 14446:LAKE POWAY -ROAD, VEHICLE STORAGE FACILM, LOCATED ON
PARCEL, A PARCEL A -1 AND PARCEL D DESCRIBED BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO. AND IS DECRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF THE NORTHEAST: QUARTER OF SECTION 31, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN; IN THE C= OF POWAY.
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAM SECTION 31, AS SHOWN IN
RECORD OF SURVEY MAP THEREOF NO. 4063 FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN "DIEGO COUNTY OCTOBER 31, 1956; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF'SAID SECTION 31 SOUTH 89040'30"EAST- 1532.25
FEET TO THE TRUE POINT OF BEGINNING. THEN_ CE CONTINUING ALONG SAID
NORTHERLY LINE, SOUTH 89 640'30" EAST 663.26 FEET; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 00 019'30" WEST 564.00 FEET; THENCE NORTH 89 940'30"
WEST 265.00 FEET: THENCE`NORTH 64 059'45" WEST 438.29 FEET. THENCE NORTH
00 019'30" EAST 381.00 FEET TO THE TRUE POINT OF BEGINNING.
'PARCEL A -_:
AN ZASEMENT ?ND RIGinT CF :PAY I`7, UPON, OVER, UNDER AMID ACROSS THE
_ANDS TO ERECT:, CONSTRUCT, RECONSTRUCT,
EPLACE, = EPAIR, :- AI.ITA ND USE A 'PIPEI;INE OR PIPELI M FOR WATER
PURPOSES, 3LT --.OT 1:MITED TO CONDUITS AND CABLES FOR
TELEPHONE. .IGNAL, POWERI'm COMMUNICATION PURPOSES, "CG WITH
T?WIR NECESSARY FIXTURES •AND ,PPURTENANCES, AND ALSO FOR ROAD. PURPOSES
AT SUCH _OCATICNS AND l=7ATZCNS UPON, ALONG, OVER AND - 'UNDER- THE
?MREINAFTER DESCRIBED RIGI.T OF WAY AS POWAY MUNICIPAL_WATi DISTRICT;
ITS SUCCESSORS AND ASSIC -NS, XAY FROM TIME TO TIME DEEM CumVlmIEN'PAND
NECESSARY, 7- 77 WI.T''i = RIGHT TO C',. ^na AND REEF CLEAS SA3D RIGHT
OF WAY FROM EXPLOSIVE, = U1=1NGS AND STRUCTURES.
70 TRrES S. JT•7„ .E ?LANTEC CR 4EL S DRIT.' —D WITHIN THE L"'IITS OF SAID
RIGHT OF .PAY, VCR SHALT, -1N-y = NC.REASE OR DECREASE IN TEE EXISTING OR
FU? URE GROW. D 7- :ATICN CF SAID RIGHT OF WAY BE PERMITTED WITHOUT THE
'PREVIOUS .PRI;TEN CCNSENT CF ?OWAY MUNICIPAL WATER DISTRIC—,. THE OWNER
FROM TIME 7O T: "T OF T.n 'PROPERTY IN WHICH SAID RIGHT OF WAY EXISTS
::AL:. r_AVL _ :_ = =GriT _ = IMITATIONS HEREIN STATED TO (1)
= ONSI'UCT, - ^.P = ^:�. = F?_i'. +_AINTAIN AND DEDICATE TOADS WFiICA
= `ITERSECT
1:71) C'FCSS _.._ =---!.4T --F HEREIN DESCRIBED; uz) CONSTRUCT,
ECO;ISTRUC, =_? _SCE, == ...I3, :•LAI.° AIN AND USE L'NDERGRC= PIPELINES
0
131
LEGAL DESCRIPTION FOR 14445 LAKE POWAY ROAD, OPERATIONS,
AIDMINISTRATION'and'WAREHOUSE and 14446 LAKE POWAY ROAD, VEHICLE
STORAGE FACILITY CONTINUED:
FOR SETTER, ?iATE? AND 0:R ^__IT? PURPOSES WHICH. CROSS TSE RIGHT CF
:dAY -REIN DESCRIBED; PROVIDED =OWEVER, :71AT IN 7XERCISING ANY SUCH
=IGzT, '_^-n' CWNER OF 7-?E =?OPERT_' IN WHICH SAID EASEMENT LIFZ SEALL NOT
_NTERFERE W177 ;17Y FACI__TIES CR - -MPROVEMENTS WHICH MAY BE PLACED IN
SAID RIGHT OF WAY _Y POWAY ',!TJ_^TIC_ .AL ;9ATER •DISTRICT, _:'S SU CESSORS
AND r,SSIGNS.
PROPERTY CCVERED BY S^!-zA.SEMENT T_S MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
_HAT PORTION OF =r NORTFF_AST QUARTER OF SECTION 31; .UNNSHIP 13
SOUTd, RANGE 1 ;v-EST, SAN 3ERNARDINO MERIDIAN, IN THE COMM OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
3EGINNING AT TF_' -' NORTH QUARTER CCRNER OF SAID, SECTION 31 AS- :SHOWN ON
RECORD OF SURVEY MAP "'�* rOF NO. 4063 FILED IN THE OFFICE THE
RECCRDER OF SAID SAN DIEGO COUNTY, OCTOBER 31, 1956; THE CB EAcT RLY
ALONG THE NORTM'RLY LINE OF SAID SECTION 31, SOUTH 89 040'30" EAST
'_532.25 FEET; T=-CE LEAVING SAID NORTHERLY LINE SOUTH 00019,'300 WE=
50.00 FEET ; 7-lEXCE NORT-T 89040'30" WEST 748.1.3 FEET ' TO TEE HBGZffiQI1QG
OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A,R1eDZIIS OF 166.00 FEET;
�STCE WESTERLY .;LONG SA7Z =-,VE 59.39 FEET THROUGH A CENTRAL ANGLE OF
20 030'00" :?_ENC= TANGENT T^ SAID CURVE SOUTH 69049'304 WESS7', 84.52
T ET TO THE 3EGIti^TING Or ? 7ANGZNT CURVE, CONCAVE NORTE�Y, HAVING A
RADIUS OF 234.0 ^u -7 T =CZ wTESTcRL`I ALONG SAID CURVE 175..63 FEET
THROUGH A C=NTR 3i ANGLE: C = 3000,15"; 'HENCE TANGENT TO SAID CURVE
NORTH 6701-0'!3" ';-TEST 63 : ?3 FEET TO THE BEGINNNING OF A TANGENT- CARVE,
CONCAVE SOUT-IERLY, HAVING RADIUS OF 166.00 FEET; THENCE WESTERLY
ALONG SAID C✓'AVE :S.20 ___ =':_ROUGH A CENTRAL ANGLE OF 22 °30'15"
THENCE TANGMINTT 7C SAID G_ZVE _:ORTH 89040'30" WEST 352.71 FEET; THENCE
NORT? 00 °19'30" =AST =0. 0 FEE. TO THE POINT OF BEGINNING. CONTAINING
2.04 ACRES.
EXCrPTING "" =RE -CM ALL ='k = ORTICN LYING WITHIN COUNTY OF SAN DIEGO
ROAD SURVEY NO. :_5 AS SAID ROAD SURVEY IS FILED IN THE OFFICE.OF THE
SURVEYOR OF SAID SAN DIEGO CC'J1 .
• 0
132
LEGAL DESCRIPTION FUR, 14445: LAKE POWAY ROAD. OPERATIONS,
ADMIlVISTRATION and WAREHOUSE and 14446 LAKE POWAY ROAD, VEHICLE
STORAGE FACILITY CONTINUED:
ARCr.L D
UL 71AT :ORTION CF THE NOR77 =— T QUARTER OF SECTION 31. " NMIP 13.,
SODTTi, RANGE 1 ;v'EST, SAN EM&TARDINO MERIDIAN, IN THE C2T° OF POWAY,
CCUNTY OF SAN Z:Z- GO,,STA%, CIF CALIFORNIA, ACCORDING TO bNI1'ED STATES
IVERNME'NT SURVc_' :HEREOF, _ESCRIBED AS .FOLLOWS-.
BEGINNING AT T:M NORTH QL7ARTV_B CCRNER OF SAID SECTION 31, AS SHOWN ON
FZCORD OF SURVE'! MAP ?I0. 6, E I= N 'TIC OFFICE OF THE COUNTY
RECORDER Cr SAIL SAN DIEGO COUNTY OCTOBER 31, 1956; THMME ALONG THE
`70RTHERLY LINE CF SAID S CT_C;7 3_ SOUTH 89°40'30" EAST, :282.25 FEET;
?r CE LcAVING SyiU IORTL_ cL': : Tt, SOUTH 00 °,19' 30' ". WEST, 00.00 FEET
7=CE NORTH 890.0'30 ' NEST, =98.13 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE =OLi WRLY :_y1ING A RADIUS OF 156.00 FEET; THENCE
:WESTERLY ALONG _. ARC SAID C:7RVE THROUGH A CENTRAL :ANGLE OF
0 0 3 0 ' 0 0 " , A DISTANCE ' OF V _ _ . 3 2 FEET ; T�CE TANGENT TO SAID CURVE
SOUTH 69049'30" :JEST 8:4. =2 FEE2 ^0 THE BEGINNING OF A :'A MM7 CURVE
OONCAVE NOR=RLY, ::AVING _ =�DIUS CF 244.00 FEET; THE= WESTERLY
.LONG Ty ARC CF SAID CURVE, = -CUGH A CENTRAL ANGLE OF 43 000'15" A
CISTANCE CF .83.1: FEET; 7=7CE TANGENT TO SAID CURVE, NORTH 67010'15"
VEST, 63.9? FEET TO E = EGIi7NING OF A TANGENT CURVE, CONCAVE
30UTHERLY _AVING RADIUS CF 1 =6.30 FEET; THENCE WESTERLY ALONG THE
RC OF SAID CURVE, = -MOUGH A CZNTRAL ANGLE: OF 22'030' 15" A DISTANCE OF
=1.27 FEET T7-EMCE TANGENT TC SAID C;,'BVE, NORTH 89040.130" WEST, 352.71
-PET; :':_'DICE NORTE 0001_' - -' 1AST, 60.00 FEET TO TM POINT OF
BEGINNING.
: {CIBT:i7G T =RE-=M ALL :_-i7 = C2TiC:7 i -2.1. G :WITHIN COUNTY OF SAN DIEGO
=OAD SURVEY ` +O. _ -- zCCCRDI:70 T = NAP T._REOF ON FILE IN THE OFFICE
_. _ CCL'V'i'_' ENGi:v'EER CF =AiO SAN CIEGO COUNTY.
• •
No. 9
13094 BOWRON ROAD 1- SENIOR CENTER and COMMUNITY PARK (EXCLUDI G33
PUBLIC POOL) LOCATED ON PARCEL H AND PARCEL, I DESCRIBED BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO. AND IS DECRIBED AS FOLLOWS:
PARCEL H:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, T. 14 S., R. 2 W., S.B.B. &M,'IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. GRANTED TO POWAY ROYAL
MOBILE ESTATES BY DEED FILED AUGUST 7, 1973 AS FI,LE NO. 73- 218887 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4 INCH IRON PIPE MARKING THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13
ACCORDING TO RECORD OF SURVEY MAP NO. 4195; THENCE ALONG THE
NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,
NORTH 89 009'25" WEST, 1_,338.34 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER OF -THE SOUTHWEST QUARTER; THENCE SOUTH 00 049'00"
WEST, 868.18 FEET ALONG THE-'WESTERLY LINE OF SAID SECTION 13; THENCE
LEAVING SAID WESTERLY LINE NORTH 77 040'53" EAST, 17.97 FEET TO THE
BEGINNING OF A TANGENT 227.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 41 °10'53" A DISTANCE OF 163.16 FEET; THENCE
TANGENT TO SAID CURVE NORTH 36 030'00" EAST, 2031 FEET TO THE BEGINNING
OF A TANGENT 73.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 30 004'00" A DISTANCE OF 38.31 FEET THENCE TANGENT TO SAID
CURVE NORTH 66034'00- EAST, 871.70 FEET TO THE BEGINNING OF A TANGENT
373.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23 °18'00" A DISTANCE OF 151.68 FEET THENCE TANGENT TO SAID
CURVE "NORTH 89 052'00" EAST 201.86 FEET TO A POINT ON THE EASTERLY LINE
OF 'AID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13;
THENCE NORTH 01 021'50" EAST. ALONG SAID EASTERLY LINE 340.14 FEET MORE
OR LESS TO THE POINT OF BEGINNING.
PARCEL I:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13. TOWNSHIP 14 SOUTH. RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, AS DESCRIBED IN CERTIFICATE OF
0
134
LEGAL DESCRIPTION FOR 13094 BOWRON ROAD - SENIOR CENTER and
COMMUNITY PARK (EXCLUDING PUBLIC POOL) CONTINUED:
COMPLIANCE RECORDED AUGUST 19, 1977 AS FILE NO. 77- 340769 OF OFFICIAL
RECORDS AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER,
THENCE SOUTH 00 049'00" WEST, ALONG THE WESTERLY LINE THEREOF 614.99
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °08'30" EAST, 1,315.15
FEET TO A POINT IN A LINE THAT IS 30.00 FEET WESTERLY OF AND PARALLEL
WITH THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 01021'50" WEST, ALONG SAID PARALLEL LINE 59.93
FEET TO A POINT IN THE NORTHERLY LINE OF THAT LAND CONVEYED TO THE
POWAY UNION SCHOOL DISTRICT, FILED AUGUST 14, 1959 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS BOOK 7828, PAGE 296 OF OFFICIAL
RECORDS: THENCE ALONG SAID NORTHERLY LINE, NORTH 89 °09'25" WEST, 630.00
FEET TO A POINT IN THE WEST LINE OF SAID POWAY UNION SCHOOL LAND.
THENCE SOUTH 01 021'50" WEST, ALONG SAID WEST LINE. 653.00 FEET TO A POINT
IN THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTH
89 009'25" WEST ALONG SAID SOUTHERLY LINE, 678.34 FEET TO A POINT IN THE
WESTERLY LINE OF SAID SECTION 13; THENCE NORTH 00 °49'00" EAST ALONG
SAID WESTERLY LINE. 713.25 FEET TO THE TRUE POINT OF BEGINNING.
No. 10
13094 BOWRON ROAD, CITY AUDITORIUM LOCATED ON PARCEL I AS 135
DESCRIBED BELOW:
THAT LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DECRIBED AS FOLLOWS:
PARCEL I:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH. RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
IN THE CITY OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO OFFICIAL PLAT THEREOF. AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED AUGUST 19, 1977 AS FILE NO. 77- 340769 OF OFFICIAL
RECORDS AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER,
THENCE SOUTH 00 049'00" WEST, ALONG THE WESTERLY LINE THEREOF 614.99
FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89 °08'30" EAST, 1,315.15
FEET TO A POINT IN A LINE THAT IS 30.00 FEET WESTERLY OF AND PARALLEL
WITH THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER: THENCE SOUTH 01'21'50" WEST, ALONG SAID PARALLEL LINE 59.93
FEET TO A POINT IN THE NORTHERLY LINE OF THAT LAND CONVEYED TO THE
POWAY UNION SCHOOL DISTRICT, FILED AUGUST 14, 1959 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS BOOK 7828, PAGE 296 OF OFFICIAL
RECORDS: THENCE ALONG SAID NORTHERLY LINE, NORTH 89 °09'25" WEST, 630.00
FEET TO A POINT IN THE WEST LINE OF SAID POWAY UNION SCHOOL LAND,
THENCE SOUTH 01 021'50" WEST. ALONG SAID WEST LINE, 653.00 FEET TO A POINT
IN THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTH
89 009'25" WEST ALONG SAID SOUTHERLY LINE. 678.34 FEET TO A POINT IN THE
WESTERLY LINE OF SAID SECTION 13: THENCE NORTH 00 °49'00" EAST ALONG
SAID WESTERLY LINE, 713.25 FEET TO THE TRUE POINT OF BEGINNING.