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Site Lease 1995-0420704EECCPDED P77JE3T 0F_17797 aa-rgrntnt lrrrtr RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) Stradling, Yocca; Carlson & Rauth ) 876 660 Newport:Center Drive, Suite 1600 ) Newport Beach, California 92660 ) Attention: Denise E. Hering, Esq. ) # 1995 - 0420704 2 EP -1995 03109-PM [Space above for Recorder] OFFICIAL RECORDS SAN DIEGO COUNTY "RECORDER'S OFFICE GREGORY 'SHITH, COUNTY'RECORDER FEES: 0.00 This document is recorded for the benefit of the City of Poway, and.the recording isfeecxempt under Section 27383 of the Government Code. SITE LEASE by and between CITY OF POWAY and POWAY,REDEVELOPMENT'AGENCY Dated as of September 1, 1995 Relating to $31,770,000 1995 REFUNDING CERTIFICATES OF PARTICIPATION (CITY OF POWAY 1991 CAPITAL IMPROVEMENT PROJECT - POWAY ROYAL MOBILEHOME PARK) 9 • s77 SITE LEASE This Site Lease; :is made and entered into as of September 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'REDEVELOPME14T 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 Improvements thereon) described in Exhibit 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 $28,300,000 Certificates of Participation (City of Poway 1991 Capital Improvement Project —Poway Royal Mobilehome'Park)' 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: "Asbestos Containing Materials" shall mean material in friable form containing more than one percent (I %) of the asbestiform varieties, of (a) chrysotile (serpentine); (b) crocidolite (ricbeckite); (c) amosite (cummington- itegrinerite); (d) anthophyllite; (e) tremolite; and (f) actinol ite. "Bond Insurer" shall mean Financial Security Assurance' Inc. or any successor thereto. PUBL:27210 41138162345:52 9 0 878 "Environmental Regulations" shall mean all Laws and Regulations,. now or hereafter in effect, with respect =to Hazardous Materials, including, without limitation; the Comprehensive Environrnental'Response, Compensation, and Liability Act, as amended (422U.S.C. Section 9601, et;sec.) (together with'the regulations promulgated: thereunder; "CERCLA "), the Resource Conservation' and. Recovery Act; as amended (42 U.S.C. Section 6901, et.sm.) (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 sec:): (together with the regulations promulgated thereunder, "Title III "), the Clean Water Act, as amended (33 U.S.C. Section 1321, et sea.) (together with the regulations promulgated thereunder, "CWA "), the Clean Air. Act, as amended (42 U.S.C'. Section- 7401,_et se A.) (together with the regulations promulgated thereunder, "CAA ") and the Toxic Substances Control Act; as amended (15 U.S.C. Section 2601 et sm.) (together with the regulations promulgated thereunder, "TSCA "), and any state or local similar laws and regulations and any so- called local, state of federal "superfund" or "superlien" law. "Hazardous Materials" sha1L 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 September 21.1995; whichever is earlier, and shall end on,August -10, 2028 unless such term is extended -or sooner terminated.as hereinafter provided. If on August 10, 2028 the' Certificates; and all other amounts due under the Trust Agreement and the Lease Agreement shall 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 Certificates and. al 1. 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, 2038. If prior to August 10, 2028 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. PUBL:27210_41138IB2345152 2 0 879 SECTION 4. Rental. The Agency, or any assignee or successorIn 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 $31.,026,339.89, 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 Wmay have under the laws ofthe 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 fee of the Site. The Agency covenants that it.shall not sell, assign, mortgage or encumber the Site or the Site Lease except for 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 right, title and interest in and to this Site Lease to the Trustee, under the terms of the Ass ignment,Agreeruent -dated as of the date hereof„ between the Agency and the Trustee, for the benefit of the Owners of the Certificates, and ,the Ownem of any Additional 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 th e Site in the same good order and condition-as it was in at the time the real property then constituting the Site became subject.fo 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 L.ease< shall remain thereon and all interest therein shall vest in the City free and clear of any interest of the Agency. SECTION 9. Quiet Enioyment: 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, 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 and all remedies granted bylaw which do not adversely affect the interests of the Owners of the Certificates and the owners of any Additional Certificates; provided, 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. PUBL:27210411381 82345.52 3 • • Aso SECTION `12. Eminent Domain. In the event the whole or any part of the Site;is,taken by eminenudomain "proceedings, the interest of the Agency shall be, recognized and is hereby determined tobe the amount of unpaid Lease Payments and. Additional Payments due under the Lease. SECTION 13. Compliance.with Law, Regulations, Etc. (a) The City has,,:after due inquiry, no knowledge and has not given or received any written notice indicating 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,(coliectively, "Laws an'&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;ordi'sposed of any material amount of flammable explosives,, polychlorinated biphenyl'compounds,:heavy metals, chlorinated solvents, cyanide, radon, petroleums 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 bther Environinental Regulations applicable to the City, the Site;or the business operations conducted by the City thereon (collectively, "Hazardous Material's ") 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 officer recreational, storage,or maintenance facilities,or used in the maintenance,.of public office, recreational, storage or maintenance facilities, the use, treatment, storage, transportatiotr and disposal of which has been and shall be in compliance with all. Laws ' and Regulations•. (c) No, part 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 than the'support of the improvements to the Site. (d) TFie 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.bas notsreceived,,any notice of default or breach which has notbeen cured under the covenant, condition, restriction, right -of -way, ruae27210_41138IB2345,52 4 881 reciprocal easemenvagreementior other easement affecting the Site which. islto be performed or complied with by it. SECTION' i4. ,Environmental Compliance. (a) Neither the Agency nor the City shall,use or permit the Site orany`•part thereof to be used to generate, manufacture, refine, treat, store, handle, transpomordisp,ose 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 anytenant, 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 the Site or onto any other sites excluding, however, 'those Hazardous Materials in °those amounts ordinarily found in theinventory of ,a public office, recreational, storage or maintenance facility the use, storage; treatment; transportation and disposal of which shall be in 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 "becommenced 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 site in compliance with a ll'.Envirortmental.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 Agencymd' 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 ofany Liens unposed pursuant thereto (provided, however, tharany 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 ofany notice,from any Person with regard to the Release of Hazardous Materials on, from or beneath'the Site; the Agency and the Cityishallgive 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, officers, directors, trustees, successors and assigns; from and against any claims, demands, penalties, fines, attorneys' fees (including, without limitation, attorneys' Puss .7210 411381132345'.52 0 6 882 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 Ciry), court- costs,, damages, losses, costs or expenses of whatever kind or nature, known or unknown; contingent or to otherwise, occurring in whole or in parts arising out of, or in any way related to, (i)r,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. 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 of the other, such approval or such request shall be given for the Agency by an - Authorized Representative of the Agency and for the City 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: PUBL:27210 41138162345:52 6 • 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 118510 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 tw 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. 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. ruaL:27210 41 t38 B2345.52 J ! 884 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 By: Its: Mayor ATTEST: City Clerk POWAY REDEVELOPMENT AGENCY, as Lessee i By: Its: Chairperson � ATTEST: Secretary vusu27210 _311381 B2345.52 8 EXHIBIT A 885 LEGAL DESCRIPTION OF THE SITE Poway Royal Mobilehome Park with a total of 399 spaces:, recreational and community buildings, parking and storage lots. and landscaping located on the property, described below: THE LAND .REFERRED ',TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO; AND' IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF THESOUTH HALF`OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 NEST„ SAN BERNARDINO. MERIDIAN, IN "THE COUNTY OF SAN DIEGO, .STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF (INCLUDING THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 KNOWN AS PARCEL "A" OF THE MAP. OF REVERSION TO ACREAGE OF A PORTION OF RUSS ESTATES UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 5027. FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30, 1962. EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING', DESCRIBED LINE: COMMENCING AT THE ' SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG THE EASTERLY LINE OFSAID SOUTHWEST QUARTER, NORTH 01054'40" EAST, 366.45 FEET TO THE CENTER LINE OF THE POWAY CREEK CHANNEL AS LOCATED IN MARCH 1971: THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTH 89 052'00" WEST, 115.28 FEET TO THE BEGINNING:OF A'TANGENT 115.28 FOOT RADIUS CURVE, CONCAVE';SOUTHEASTERLY; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44038'02" A DISTANCE +OF 155.80 FEET AND TANGENT TO ,SAID CURVE SOUTH 45 013'58" WEST, 213.31 FEET TO THE WESTERLY LINE: OF THE EASTERLY 400.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, OF THE SOUTHWEST QUARTER AND BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER LINE AS FOLLOWS:! SOUTH 4501S'58" WEST. 466.38 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY, SOUTHWESTERLY ALONG THEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 038'02 "A DISTANCE OF 194.75 FEET AND TANGENT TO SAID CURVE SOUTH 89952'00" WEST 443.00 FEET TO THE WESTERLY LINE OF "THE SOUTHEAST QUARTER OF THE' SOUTHWEST QUARTER OF SECTION 1'3. PUeLz71-10 _4113$IB2345.52 EXHIBIT A -I • 886 ALSO EXCEP:TING'THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER `OF: SECTION 13, TOWNSHIP 14-SOUTH,. RANGE :2 WEST,'SAN BERNARDINO' MERIDIAN, IN THE COUNTY OF SAN DIEGO; ,STATE OF °CALIFORNIA, ACCORDING TO THE'OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE CENTER.LINEOF ROAD SURVEY NO. 1587 -3 -AS DESCRIBEDtIN DEED TO COUNTY OF SAN DIEGO, RECORDED AUGUST 24, 1971 AS FILENO. 189661 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO -THE COUNTY OF SAN DIEGO BY DEED RECORDED APRIL 13, 1976 AS FILE NO. 76- 108156 OF OFFICIAL RECORDS, 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 THENORTHWEST'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 7,7 040'53 "EAST, 17.97' FEET "TO THE BEGINNING'OF A. TANGENT 227.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCENORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF' 41010'53 ", A DISTANCE OF 163.16 FEET; THENCE TANGENT TO'SAID CURVE, NORTH 36 030'00" EAST, 20.31 FEET TO THE BEGINNING OF A TANGENT 73.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ID ARC OF 'SA CURVE THROUGH A CENTRAL ANGLE OF 30 004'00 ", A DISTANCE OF 38.31 FEET; THENCE TANGENT TO SAID CURVE;, NORTH 66 034'00" EAST,871.70 FEET TO THE BEGINNING OF A TANGENT 373.00FOOT RADIUS CURVE, CONCAVE,SOU,THEASTERLY; THENCE NORTHEASTERLY' ALONG: THE ARC OF SAID CURVE, `THROUGH A CENTRAL ANGLE OF 23018'00" A DISTANCE OF `151.68 FEET; THENCE TANGENT TO SAID CURVE, NORTH 89 052'00" EAST, 20L86 FEET TO A POINT ON THE 'EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13'; THENCE NORTH 01 °21'50" EAST, ALONG; SAID EASTERLY LINE, 340.14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS THE WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND'THE WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 „TOWNSHIP 14 SOUTH,. RANGE "2 WEST, SAN BERNARDINO. :MERIDIAN, IN THE COUNTY .OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PUSL:27210_4 1733 I B2345.52 EXHIBIT A -2 Ll State of California ) ss. County of San Diego ) • rM On September 18 , 1995, before me, Vivian MacZis, Notary Public (name, title of officer, e.g., Jane Doe, Notary Public ") personally appeared Marjorie K. Wahlsten and Don Higginson (mrnew of signer(s)) 9 personally known to me —OR- 0 proved to me on the basis of satisfactory evidence to be the pers*/the hose nam (s i are ubscribed t within instrument and acknowledged to me that he /sexecuted the same in his/he thei authorized capaci 1es and that by his/he their ignatur (s) n the instrument the perso (s) r the'entity upon behalf of which person—(R) ac i,, ess my hand and official seal vlvuln MAC 41S col�wt u1tu94�I _Y navy v�cot: — coYrwrro WN DIEGO courm My Comm. E r i SEP 41.1799 (/LLGGyiti %77�e. (Signature of Nora Capacity claimed by signer: IZI Individual Corporate Officer(s): Partner(s): o General E3 Limited Attorney -in -fact Trustee(s) • Guardian/Conservator • Other: (Ihissection is OP770NAL.) Signer is representing: name o persons or ennry tes Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Ti le or Type of Document RaP MUST BE ATTACHED /"d TO THE DOCUMENT Number Pages —� Date of Docu, DESCRIBED AT RIGHT: Signer(s) Other than Named Above PUBL:271-01 3 1 13919'_'345.5'-