Deed of Trust and Security Agreement 2010-0199464Gb RECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
•' SUBDIVISION'DEPT.
COMPLIMENTARY RECORDING
I/A REQUESTED PURSUANT TO
GOVERNMENT CODE SECTION 27383
Poway Redevelopment Agency
a 13325 Civic Center Drive
Poway, CA 92064
\ Attn: Executive Director 387
3009 - u
DOC # 2010- 0199464
111111111111111111111111111111111111111111111111111111111111111111 IN
APR 22, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 000 WAYS 2
DA: 1
PAGES: la
DEED OF TRUST AND SECURITY AGREEMENT
(Poway Redevelopment Agency- SHOP Program)
THIS DEED OF TRUST AND SECURITY AGREEMENT ( "Deed of Trust ") made this
day of Y rj h- , 20 among the trustor John Ritz Stanfield 11 and Nichole
Sharon Stanfield ('Borrower "), whose address is 13930 York Avenue, Poway, CA 92064, and
Chicago Title ( "Trustee "), and the Poway Redevelopment Agency (the "Agency ") as
Beneficiary.
The Borrower, in consideration of and as security for the loan of funds to the Borrower
by Agency, irrevocably grants, transfers, conveys and assigns to Trustee, in irust. with power of
sale, the property located in the City of Poway, County of San Diego, State of California,
described in the attached Exhibit A and more commonly known as: 13930 York Avenue,
Poway, CA 92064 (the "Property ").
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of
which, including replacements and additions thereto, shall be deemed to be and remain a part of
the property covered by this Deed of Trust; and
TOGETHER with all fixtures now or hereafter attached to or used in and about the
building or buildings now erected or hereafter to be erected on the Property which are necessary
to the complete and comfortable use and occupancy of such building or buildings for the
purposes for which they were or are to be erected, including all other goods and all other
personal property as are ever used or furnished in operating a building, or the activities
conducted therein, similar to the one herein described and referred to, and all renewals or
replacements thereof or articles in substitution therefore, whether or not the same, are, or shall be
attached to said building or buildings in any manner (all of the foregoing, together with the
Property, is herein referred to as the "Security ").
To have and to hold the Security together with acquittances to the Trustee, its successors
and assigns forever;
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TO SECURE to the Agency the performance of the covenants and agreements of
Borrower contained in that certain Resale Restriction Agreement and'Option to Purchase
executed by and between the Borrower and the Agency of even,date herewith (the "Resale
Restriction Agreement ");
TO SECURE the payment of Excess Sales Proceeds (as defined in the Resale Restriction
Agreement) and Excess Rents (as defined in the Resale Restriction Agreement) that may become
due by Borrower to Agency;
TO SECURE to the Agency the repayment of the sums in the amount of One Hundred
Ninety Two Thousand Four Hundred Fifty Four Dollars ($192',454) evidenced by that certain
promissory.note executed by Borrower in favor of the Agency as of the date of this Deed of
Trust (the "Note "); and
TO SECURE the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Deed of Trust; and the performance of the
covenants and agreements of Borrower herein contained.
BORROWER AND AGENCY COVENANT AND AGREE AS FOLLOWS:
1. Borrower's Estate Borrower is the lawful owner of the Security with the right to
grant and convey the Security. Other than this Deed of Trust, the' Security is encumbered only
by those deeds of trust (collectively the "First Lender Deed of Trust") executed by Borrower to
secure 1 promissory note (collectively the "First Lender Note ") executed by Borrower to assist in
the purchase of the Property in connection with a loan or loans made to Borrower as follows:
Name of Lender Amount Date Deed of
Trust Recorded
First Nations Home Finance $291,000
1.
3.
4.
All lenders listed above are collectively the "First Lender." Borrower agrees to warrant and
defend generally the title and the Security against all claims and demands, subject to any
declarations, easements, or restrictions listed in a schedule of exceptions to coverage in any title
insurance policy insuring the Agency's interest in the Security. (As used in this Agency Deed of
Trust, the term "First Lender" shall include all successors and assigns of the First Lender.)
1 552 \03 \565868 4
3879
2. Repayment of Sums Owed under Note and Resale Restriction Agreement
Borrower will promptly pay to the Agency all sums due under:the Note and the Resale
Restriction Agreement, including all principal and any Excess.Sales Proceeds and Excess Rents.
The Note coniains the following provisions concerning repayment:
Assumption of Note by Subsequent Buyers Borrower acknowledges that this
Note is given in connection with the purchase of the.Home (as defined in the
Note) as part of a program of the Agency to assist in the purchase of homes by
low and moderate income households. Consequently, this Note is assumable only
by Eligible Buyers of the Home (as defined in the Resale Restriction Agreement).
Excess Rents and Excess Sales Proceeds are due at Transfer (as defined in the
Note) including Transfer to an Eligible Buyer. The Note.is due in full upon all
other Transfers: In the event this Note is assumed by an Eligible Buyer, the
Eligible Buyer shall execute a new promissory note, deed of trust, resale
restriction, and notice of affordability restrictions on transfer of property, with
new forty -five (45) -year terms in forms approved by the Agency.
3. Resale Restriction Agreement Borrower will observe and perform all of the
covenants and agreements of the Resale Restriction Agreement.
4. First Lender Loan Borrower will observe and perform all of the covenants and
agreements of the First Lender Note, First Lender Deed of Trust and related First Lender loan
documents.
5. Charges; Liens Borrower will pay all taxes, assessments and other charges, fines
and impositions attributable to the Security which may attain a priority over this Deed of Trust,
by Borrower making any payment, when due, directly to the payee thereof. Upon request by the
Agency, Borrower will promptly furnish to the Agency all notices of amounts due under this
paragraph. In the event Borrower makes payment directly, Borrower will promptly discharge
any lien which has priority over this Deed of Trust; provided, that Borrower will not be required
to discharge the lien of the Deed of Trust securing the First Lender Note (the "First Lender Deed
of Trust ") or any other lien described in.this paragraph so long as Borrower will agree in writing
to the payment of the obligation secured by such lien in a manner acceptable to the Agency, or
will, in good faith, contest such lien by, or defend enforcement of such lien in, legal proceedings
which operate to prevent the enforcement of the lien or forfeiture of the Security or any part
thereof.
6. Hazard Insurance
(a) Borrower will keep the Security insured by a standard all risk property
insurance policy equal to the current replacement value of the Security by appraisal, such policy
shall be adjusted annually to reflect changes to local building costs calculated on a per square
foot basis. The Agency has the right, but not the obligation, to inform Owner of the then - current
replacement value of the Home. If the Security is located in a flood plain, Borrower shall also
3
1552%03 \565868.4
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obtain flood insurance. In no event shall the amount of insurance be less than the amount
necessary to prevent Borrower from becoming a co- insurer under the terms of the policy.
The insurance carrier providing this insurance shall be licensed to do business in the State
of California and be chosen by Borrower subject to approval by the Agency.
All insurance policies and renewals thereof will be in a form acceptable to the Agency,
and will include a standard mortgagee clause with standard lender's endorsement in favor of the
holder of the First Lender Note and the Agency as their interests may appear and in a form
acceptable to the Agency. The Agency shall have the right to hold, or cause its designated agent
to hold, the policies and renewals thereof, and Borrower shall promptlyfurnish to the Agency, or
its designated agent, the original insurance policies or certificates of insurance, all renewal
notices and all receipts of paid.premiums. In the event of loss, Borrower will give prompt notice
to the insurance carrier and the Agency or its designated agent. The Agency, or its designated
agent, may make proof of loss if not made promptly by Borrower. The Agency shall receive
thirty (30) days advance notice of cancellation of any insurance policies required under this
section.
Unless otherwise permitted by the Agency in writing, insurance proceeds, subject to the
rights of the First Lender, will be applied to restoration or repair of the Security damaged. If
pennitted by Agency, and subject to the rights of the First Lender, the insurance proceeds shall
be used to repay any amounts due under Section 21 of the Resale Restriction Agreement, with
the excess, if any, paid to Borrower. If the Security is abandoned by Borrower, or if Borrower
fails to respond to the Agency, or its designated agent, within thirty (30) days from the date
notice is mailed by either of them to Borrower that the insurance carrier offers to settle a claim
for insurance benefits, the Agency, or its designated agent, is authorized to collect and apply the
insurance proceeds at the Agency's, option either to restoration or repair of the Security or to pay
amounts due under the Resale Restriction Agreement and the Note.
If the Security is acquired by the Agency, all right, title and interest of Borrower in and to
any insurance policy and in and to the proceeds thereof resulting from damage to the Security
prior to the sale or acquisition will pass to the Agency to the extent of the sums secured by this
Deed of Trust immediate prior to such sale or acquisition, subject to the rights of the First
Lender.
(b) During the course of any rehabilitation of the improvements located on the
Property, Borrower shall hire only licensed contractors who maintain the following forms of
insurance:
(i) Liability Insurance Comprehensive general liability insurance
against liability for bodily injury to or death of any person or property damage arising out of an
occurrence on or about the Property. The limits of such insurance shall be not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury and property damage,
naming the Agency, the City of Poway and their officers, employees, agents, board members
and /or council members as additional insureds.
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3881
(ii) Worker's Compensation Insurance Worker's compensation
insurance covering all persons employed in connection with any work on the Property.
7. Preservation and Maintenance of Security Borrower will keep the Security in
good repair and in a neat, clean, and orderly condition and in accordance with all applicable
laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other
governmental agencies and bodies having or claiming jurisdiction and all their respective
departments, bureaus, and officials; and will not commit waste or permit impairment or
deterioration of the Security. If there arises a condition in contravention of this Section 7, and if
the Borrower has not cured such condition within thirty (30) days after receiving an Agency
notice of such a condition, then in addition to any other rights available to the Agency, the
Agency shall have the right (but not the obligation) to perform all acts necessary to cure such
condition, and to establish or enforce a lien or other encumbrance against the Security to recover
its cost of curing.
8. Protection of the Agency's Security IF Borrower fails to perform the covenants
and agreements contained in this Deed of Trust or if any action or proceeding is commenced
which materially affects the Agency's interest in the Security, including, but not limited to,
default under the First Lender Deed of Trust, eminent domain, insolvency, code enforcement, or
arrangements or proceedings involving a bankrupt or decedent, then the Agency, at the Agency's
option, upon notice to Borrower, may make such appearances, disburse such sums and take such
action as it determines necessary to protect the Agency's interest, including but not limited to,
disbursement of reasonable attorney's fees and entry upon the Security to make repairs.
Any amounts disbursed by the Agency pursuant to this paragraph, with interest thereon,
will become an indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and
Agency agree to other terms of payment, such amount will be payable upon notice from the
Agency to Borrower requesting payment thereof, and will bear interest from the date of
disbursement at the lesser of (i) ten percent (10 %); or (ii) the highest rate permissible under
applicable law. Nothing contained in this paragraph will require the Agency to incur any
expense or take any action hereunder.
9. Inspection The Agency may make or cause to be made reasonable entries upon
and inspections of the Security; provided that the Agency will give Borrower reasonable notice
of inspection.
10. Forbearance by the Agency Not a Waiver Any forbearance (refraining from
enforcing a right, obligation or debt) by the Agency in exercising any right or remedy will not be
a waiver of the exercise of any such right or remedy, nor shall acceptance by the Agency of any
payment provided for in the Note constitute a waiver of the Agency's right to require prompt
payment of any remaining principal and interest owed. The procurement of insurance or the
payment of taxes or other liens or charges by the Agency will not be a waiver of the Agency's
right to require payment of any amounts secured by this Deed of Trust.
1552\03 \565868 4
ERM
11. Remedies Cumulative All remedies provided in this Deed of Trust are distinct
and cumulative to any other right or remedy under this Deed of Trust or any other document, or
afforded by law or equity, and may be exercised concurrently,_ independently or successively.
12. Hazardous Substances Borrower shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall
not do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
"Hazardous Substances" shall mean those substances defined as toxic or hazardous
substances or hazardous waste under any Environmental Law, and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
"Environmental Law" shall mean all federal and state of California laws that relate to
health, safety or environmental protection.
Borrower shall promptly give Agency written notice of any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns, or is °notified by any governmental or regulatory authority, that
any removal or other remediation of,any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
13. Successors and Assivns Bound The covenants and agreements herein contained
shall bind, and the rights hereunder shall inure to, the respective', successors and assigns of the
Agency and Borrower subject to the provisions of this Deed of Trust.
14. Joint and Several Liability All covenants and agreements of Borrower shall be
joint and several.
15. Notice Except for any notice required under applicable law to be given in
another manner, (a) any notice to Borrower provided for in this Deed of Trust will be given by
certified mail, return receipt requested, express delivery with delivery receipt or personal
delivery with delivery receipt, addressed to Borrower at the address shown in the first paragraph
of this Deed of Trust or such other address as Borrower may designate by notice to the Agency
as provided herein, and (b) any notice to the Agency will be given by certified mail, return
receipt requested, express delivery with delivery receipt or personal delivery with delivery
receipt, to the Agency 13325 Civic Center , Poway, CA 92064, Attn: Executive Director, or to
such other address as the Agency may designate by notice to Borrower as provided above.
Notice shall be effective as of the date received by Agency as shown on the return receipt.
1552 \03 \565868.4
16. Governing Law This Deed of Trust shall be governed by the laws of the State of
California.
17. Severability In the event that any provision or clause of this Deed of Trust or the
Resale Restriction Agreement conflicts with applicable law, such conflict will not affect other
provisions of this Deed of Trust or the Resale Restriction Agreement which can be given effect
without the conflicting provision: and to this end the provisions of the Deed of Trust and the
Resale Restriction Agreement are declared to be severable.
18. Captions The captions and headings in this Deed of Trust are for convenience
only and are not to be used to interpret or define the provisions hereof.
19. Nondiscrimination The Borrower covenants by and for itself and its successors
and assigns that there shall be no discrimination against or segregation of a person or of a group
of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation,
marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Borrower or any person claiming under or through the
Borrower establish or permit any such practice or practices of discrimination or segregation with
reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run
with the land.
20. Nonliability for Negligence, Loss, or Damage Borrower acknowledges,
understands and agrees that the relationship between Borrower and the Agency is solely that of a
Borrower and the administrators of an Agency affordable housing program, and that the Agency
does not undertake or assume any responsibility for or duty to Borrower to select, review,
inspect, supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability.
of the Security or any other matter. The Agency owes no duty of care to protect Borrower
against negligent, faulty, inadequate or defective building or construction or any condition of the
Security and Borrower agrees that neither Borrower, or Borrower's heirs, successors or assigns
shall ever claim, have or assert any right or action against the Agency for any loss, damage or
other matter arising out of or resulting from any condition of the Security and will hold Agency
harmless from any liability, loss or damage for these things.
21. Indemnity Borrower agrees to defend, indemnify, and hold the Agency, the City
of Poway and their officers, employees, agents, board members, and/or council members
harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable
attorneys fees that the Agency may incur as a direct or indirect consequence of:
(a) Borrower's failure to perform any obligations as and when required by the
Note, Resale Restriction Agreement, Notice of Affordability Restriction on Transfer of Property,
and this Deed of Trust; or
(b) the failure at any time of any of Borrower's representations or warranties
to be true and correct.
1552 \03 \565868.4
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22. Acceleration: Remedies Upon Borrower's breach of any covenant or agreement
of Borrower in the Note, Resale Restriction Agreement, Notice•of Affordability Restriction on
Transfer of Property, or this Deed of Trust, including, but not limited.to, the covenants to pay,
when due, any sums secured by this Deed of Trust, the Agency, prior to acceleration, will mail
by express delivery with delivery receipt, notice to Borrower specifying; (1) the breach; (2) the
action required to cure such breach; (3) a date, not less than thirty (30) days from the date the
notice is received by Borrower as shown on the return receipt, by which such breach is to be
cured; and (4) if the breach is curable, that failure to cure such breach on or before the date
specified in the notice may result in acceleration of the sums secured by this Deed of Trust and
sale of the Security. The notice will also inform Borrower of Borrower's right to reinstate after
acceleration and the right to bring a court action to assert the nonexistence of default or any other
defense of Borrower to acceleration and sale. If the breach is not cured on or before the date
specified in the notice, the Agency, at the Agency's option, may: (a) declare all of the sums
secured by this Deed of "Crust to be immediately due and payable without further demand and
may invoke the power of sale and any other remedies permitted by California law; (b) either in
person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
by a court, and without regard to the adequacy of its security, enter upon the Security and take
possession thereof (or any part thereof) and of any of the Security, in its own name or in the
name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or
marketability of the Property, or part thereof or interest therein, increase the income therefrom or
protect the security thereof. The entering upon and taking possession of the Security shall not
cure or waive any breach hereunder or invalidate any act done in response to such breach and,
notwithstanding the continuance in possession of the Security, the Agency shall be entitled to
exercise every right provided for in this Deed of Trust, or by law upon occurrence of any
uncured breach, including the right to exercise the power of sale; (c) commence an action to
foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
covenants hereof, (d) deliver to Trustee a written declaration of default and demand for sale,
pursuant to the provisions for notice of sale found at California Civil Code Sections 2924 et sue.,
as amended from time to time; or (e) exercise all other rights and remedies provided herein, in
the instruments by which the Borrower acquires title to any Security, or in any other document or
agreement now or hereafter evidencing, creating or securing all or any portion of the obligations
secured hereby, or provided by law.
The Agency shall be entitled to collect all reasonable costs and expenses incurred in
pursuing the remedies provided in this paragraph, including, but not limited to, reasonable
attorney's fees.
23. Borrower's Right to Reinstate Notwithstanding the Agency's acceleration of the
sums secured by this Deed of Trust, Borrower will have the right to have any proceedings begun
by the Agency to enforce this Deed of Trust discontinued at any time prior to five (5) days before
sale of the Security pursuant to the power of sale contained in.this Deed of Trust or at any time
prior to entry of a judgment enforcing this Deed of Trust if: (a), Borrower pays Agency all sums
which would be then due under this Deed of Trust and no acceleration under this Deed of Trust,
the Note, or the Resale Restriction Agreement has occurred; (b) Borrower cures all breaches of
any other covenants or agreements of Borrower contained in the Note,.Resale Restriction
Agreement, or this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Agency
1552 \03 \565868.4
3885
and Trustee in enforcing the covenants and agreements of Borrower contained in the Note,
Resale Restriction Agreement, or this Deed of Trust, and in enforcing the Agency's and Trustee's
remedies, including, but not limited to, reasonable attorney's fees;. and (d) Borrower takes such
action as Agency may reasonably require to assure that the lien of this Deed of Trust, Agency's
interest in the Security and Borrower's obligation to pay the sums secured by this Deed of Trust
shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and
the obligations secured hereby will remain in full force and effect as if no acceleration had
occurred.
24. Due on Transfer of the Property Upon a Transfer (as defined in the Resale
Restriction Agreement) of the Property or any interest in it, the Agency shall require immediate
payment in full of all sums secured by this Deed of Trust, except for amounts assumable by an
Eligible Buyer pursuant to Section 8 of the Note.
25. Reconveyance Upon payment of all sums secured by this Deed of Trust, and
upon the expiration of the Term of the Resale Restriction Agreement, if the Borrower owns and
occupies the Property and is not in violation of any provisions of the Note, this Deed of Trust or
the Resale Restriction Agreement, the Agency will request Trustee to reconvey the Security and
will surrender this Deed of Trust and the Resale Restriction Agreement to Trustee. Trustee will
reconvey the Security without warranty and without charge to the person or persons legally
entitled thereto. Such person or persons will pay all costs of recordation, if any.
26. Substitute Trustee The Agency, at the Agency's option, may from time to time
remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. The
successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein
and by applicable law.
27. Superiority of First Lender Documents Notwithstanding any provision herein,
this Deed of Trust shall not diminish or affect the rights of the First Lender under the First
Lender Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against
the Security in compliance with the requirements of Section 25 of the Resale Restriction
Agreement.
Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall be
subordinate to the lien of the First Lender Deed of Trust and shall not impair the rights of the
First Lender, or such lender's assignee or successor in interest, to exercise its remedies under the
First Lender Deed of Trust in the event of default under the First Lender Deed of "Crust by the
Borrower. Such remedies under the First Lender Deed of Trust include the right of foreclosure
or acceptance of a deed or assignment in lieu of foreclosure. After such foreclosure or
acceptance of a deed in lieu of foreclosure, this Deed of Trust shall be forever terminated and
shall have no further effect as to the Property or any transferee thereafter; provided, however, i1'
the holder of such First Lender Deed of Trust acquired title to the Property pursuant to a deed or
assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such
acquisition of title provided that (i) the Agency has been given written notice of default under
such First Lender Deed of Trust with a sixty (60) -day cure period (which requirement shall be
1 552\03 \565868.4
•.
satisfied by recordation of a notice of,default under California "Civil Code Section 2924), and (ii)
the Agency shall not have cured the default within such sixty (60) -day period.
28. Request for.Notice Agency requests that..copies.of the notice of default and
notice of sale be sent to Agency at the address set forth in Section 15 above.
IN WITNESS WHEREOF; Borrower has executed this Deed of Trust as of the date first
written above.
.•
1552\03 \565868 4
ZAA (tut/ �L4 kyovl o c
Borrower
10
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
On ^ L l , .Zgo. before me Notary
Public, personally a p ed ,TD h /Sr�� s G� prove to me on the
basis of satisfactory evidence to be the person(s) whose name(F are subscribed to the within
instrument and acknowledged to me t e he /they executed the same i 1s her /their
authorized capacity(ies), and that b hi er /their signature(s) on the instrument the person(s), or
the entity upon behalf of which -the person(s) acted, executed the instrument.
I certifv UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
PATTY N, SMITH ,
COMM. #1745493
' NOTARY PUBLIC-CALIFORNIA'
n
SAN DIEGO COUNTY
My Commission Expires
JUNE 13, 2011 _ otary P lic
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
me,
Notary
Public, persorfilly appeared proved to me on the
basis of satisfactory evidence to be the persons j
whose name( — Are subscribed to the within
instrument and acknowledged to me that he e/ ey executed the sa 1s
me in /he heir
authorized capacity(ies), and that by his er eir signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
PATTY N: SMITH
COMM. #1745493 O
NOTARYPUBUC- CALIFORNIA0 f
® 'SAN DIE GOCOUN p
My Commission Fxp res Notary Pu is
JUNE 13, 2011
1552 \03 \565868 4
EXHIBIT A
Property Description P�
A -1
1552\03 \565868 4
OrderNo.:93009777 -U50
• Exhibit "A"
LEGAL DESCRIPTION 3
ASSESSORS PARCEL NO. 314 - 213 -52
PARCEL C:
PARCEL `C' AS SHOWN AND DESCRIBED ON THAT CERTAIN BOUNDARY ADJUSTMENT
CERTIFICATE OF COMPLIANCE, BA NO. 07 -01, RECORDED SEPTEMBER 8, 2008 AS
INSTRUMENT NO. 2008 - 0478020 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY
(`BOUNDARY ADJUSTMENT NO. 07 -01 ").
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS, AND MINERALS BENEATH SAID
LAND AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID
LAND, AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK 5795, PAGE 494
OF OFFICIAL RECORDS.
RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A' AND
PARCEL 'B' OF BOUNDARY ADJUSTMENT NO. 07 -01, NON - EXCLUSIVE EASEMENTS FOR
DRIVEWAY PURPOSES OVER, UNDER, ALONG AND THROUGH THAT PORTION OF THE
PRIVATE DRIVE EASEMENT (DEFINED BELOW) LOCATED WITHIN PARCEL 'C'.
PARCEL C l:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `C'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT
PORTION OF THE FOLLOWING DESCRIBED LAND LOCATED WITHIN PARCEL `B' OF
BOUNDARY ADJUSTMENT NO. 07 -01:
PRIVATE DRIVE EASEMENT
CLTA Preliminary Report Form -Modified (11- 17 -06)
Page 3
OrderNo.: 93009777-U50
. LEGAL DESCRIPTION 3890
(continued)
BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL 'C' OF
BOUNDARY ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING A POINT ON THE
CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE), SAID POINT BEARS NORTH
0 0 21'08" WEST 20.00 FEET FROM THE MOST EASTERLY SOUTHEAST CORNER OF SAID
PARCEL 'C'; THENCE SOUTH 89 °38'52" WEST 170.17 FEET ALONG THE NORTHERLY LINE
OF SAID PARCEL 'C'; THENCE ALONG THE EASTERLY LINE OF PARCEL `C', NORTH
0 °20'08" WEST, 9.29 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL `B' OF
BOUNDARY ADJUSTMENT NO. 07 -01; THENCE CONTINUING NORTHERLY,, ALONG THE
EASTERLY LINE OF SAID PARCEL 'B', NORTH 0 0 20'08" WEST, 19.25 FEET, THENCE
LEAVING SAID LINE, SOUTH 89 °37'09" WEST, 48.50 FEET TO THE BEGINNING OF A NON -
TANGENT, 28.00 -FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF
WHICH BEARS SOUTH 89 0 37'09" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID 28 -FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 43 0 17'40 ", AN ARC
DISTANCE OF 21.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL `B'; THENCE ALONG
SAID SOUTHERLY LINE, SOUTH 89 °39'52" WEST, 20.38 FEET; THENCE LEAVING SAID
SOUTHERLY LINE, SOUTH 0 0 20'08" EAST, 29.31 FEET TO THE INTERSECTION OF THE
WESTERLY PROLONGATION OF A PORTION OF THE SOUTHERLY LINE OF THE AFORESAID
PARCEL 'C', SAID POINT OF INTERSECTION BEARS SOUTH 89 °38'52" WEST 246.66 FEET
FROM THE SOUTHEAST CORNER OF SAID PARCEL 'C', ALSO BEING A POINT ON THE
CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE); THENCE EASTERLY ALONG
SAID PROLONGATION LINE, NORTH 89 °38'52" EAST 246.66 FEET TO SAID SOUTHEAST
CORNER OF PARCEL 'C'; THENCE ALONG THE MOST EASTERLY LINE OF SAID PARCEL 'C'
AND SAID CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE) NORTH 0 °21'08"
EAST 20.00 FEET TO THE POINT OF BEGINNING ( "PRIVATE DRIVE EASEMENT ").
PARCEL C2:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'C'
ABOVE, FOR ROAD AND PUBLIC UTILITY PURPOSES, IN, OVER, UNDER AND ACROSS THE
WESTERLY 40.00 FEET OF PARCELS 1, 2 AND 3 AND THE NORTHERLY 30.00 FEET OF
PARCEL 1 OF PARCEL MAP NO. 1775, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON JULY 26, 1973, BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form- Modified (11- 17 -06)
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