Unit Certificate of Completion 2010-0306321Pense'conlplete ch is'ittforntrdion:
RECORDING REQUESTED BY:
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AND WHEN RECORDED MAIL TO:
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JUN 18, 2010 8:00 AM
�J OFFICIAL RECORDS 2059
'I SAN DIEGO COUNTY RECORDER'S OFFICE
n DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES: 9
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
(JO \ CZILTLrIC.TS of CZM0. , F - TCoF
fill in document title(s) on this
Gov[. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
(Additional recording fee applies)
RECORDED AT THE REQUEST OF
CHICAGO TITLE_ COMPANY
SU BDIVISION DEPT.
q1 D 0 0 1 - 1 - 75'- U�D UNIT CERTIFICATE OYCOMPLETION
(The Meadows at York) 20
FREE RECORDiNG.PURSUANT TO
GOVERNMENT CODE
SECTION 27383 AT THE
REQUEST OF THE POWAY
REDEVELOPMENT
AGENCY
WHEN RECORDED RETURN TO:
Poway Redevelopment Agency
13325 Civic Center Drive
Poway, California 92064
Attention: Executive Director
for Recorder
By Grant Deed dated September 16, 2008, recorded on September 17, 2008 in the
Official Records of the County of San Diego ( "Official Records), as Document No. 2008-
0493244 (the "Deed "), the Poway Redevelopment Agency, a public body corporate and politic
(the "Agency ") conveyed a fee interest in certain real property in the City of Poway which"
property is described in AttachmentA, Boundary Adjustment Certificate of Compliance for the
Meadows at York, attached hereto ;(the "Site "), to Poway Meadowsj.P., a California limited
partnership (the "Developer ") pursuant to that certain Disposition and Development Agreement
between the Developer and the.Agency "dated as of July 17, 2007, a copy of which is on file with
the Agency at its offices as a public record (the "DDA").
As contemplated by the DDA, the Site has been developed into three residential Units
pursuant to that Boundary Adjustment Certificate of Compliance, Number 07 -01. dated
September 5, 2008,, as Document No. 2008 - 0478020, recorded on September 8, 2008.
Pursuant to Section 310 of the DDA, the Agency is required to furnish the Developer or
its successor with a Certificate of Completion upon completion of construction of the -
Improvenients (as defined Section 100 of the DDA) or any portions thereof, which Certificate
of Completion is required to be in such form as to permit the Certificate of Completion to be
recorded in the Official Records. Such Certificate of Completion is conclusive determination of
satisfactory completion of the construction of the Development.
To facilitate the sale'of the Units the Agency has agreed to issue a separate Unit
Certificate of Completion for each completed Unit within the Site, prior to issuance of the
Certificate of Completion for the Development as required under Section 310 of the DDA. With
respect to the,Unit "listed in Attachment B hereto ("Completed Unit"), the Agencv has
conclusively detennined that the portion of the Improvements relating to the Completed Unit for
the Site have been completed as defined in the DDA and in accordance with the requirements of
1 „2t04�2e7821 i
2061
the DDA. Furthermore, the Developer has provided the Agency with a Certificate of Occupancy
dated June 15, 2010 as issued by the Poway Department of Development Services for the Unit.
As stated in the DDA, the Agency's determination regarding such Completion is not
directed to, and thus the Agency assumes no responsibility for, engineering or structural matters
or compliance with building codes and regulations or applicable local, State or Federal law
relating to construction standards.
ACCORDINGLY, as provided in the DDA, and subject to the foregoing provisions
hereof, the Agency does hereby acknowledge that the obligations of Developer under the DDA
have been fully performed with respect to the Completed Unit and that the Completed Unit has
been completed as defined in the DDA and will be sold in accordance with the requirements of'
the DDA as set forth above. Further, the Agency hereby confirms that the Agency's right of
reverter as set forth in the DDA, the Deed shall be of no further force or effect with respect to the
Completed Unit. Furthermore, any party owning or purchasing, or otherwise acquiring any
interest in the Completed Unit shall not incur any obligation or liability under this DDA except
for those continuing covenants as described in Section 404 of the DDA.
Except as expressly provided herein, nothing contained in this instrument shall modify in
any other way any other provisions of the DDA nor any other provision of any documents related
to and /or incorporated in the DDA, including the Developer's continuing obligations with respect
to: (a) completion of the remaining portions of the Improvements other than the Completed Unit;
and (b) the survival provisions contained in Section 404 of the DDA in any documents
related to and /or incorporated by reference in the DDA, other than with respect to the Completed
Unit.
Except as otherwise provided above, upon recordation of this Certificate of Completion,
the provisions of the DDA imposing any obligation or restrictions on Developer with respect to
the Completed Unit shall terminate and Developer shall have no further obligations thereunder
with respect to the Completed Unit; except that the recordation of this Certificate of Completion
shall not terminate any obligations which arose prior to the recordation of this Certificate of
Completion, or terminate or otherwise modify any obligations pursuant to other documents
entered into pursuant to the DDA.
The Grant Deed and other documents executed and recorded pursuant to the DDA shall
remain in effect and enforceable according to their terms.
(S gn lnre P( >gc Follows]
1552\04W67821 1
2062
IN WITNESS WHEREOF, the Agency has duly esecuted`this Unit Certificate of
Completion on this clay of .20
POWAY REDEVELOPMENT AGLNCY.
a public body, corporate and politic
Its:
APPROVED AS TO FORM:
GOLDFARB & LIPMAN LLP
Agency Special Counsel
By: ToUlV• �oL
Pollv . Marshall
Umi Con icalc ol'Completion
Slgnatme page
1552\04\76782 L I
STATE OF CALIFORNIA
1
COUNTY OF SAN DIEGO
2063
OiiJU/d - /0 ZUIO ,befoieme, N%LllS .�ftllvN ,Notary Public,
personally appeared E4141 p w , proved to me On the basis
of satisfactory ev.idcnce to be the person( whose name( is /aX subscribed to the wlthm
111sL1 and acknowledged to nu that 1,k/she /t1p(,V csccuted the same in IYL her /th8l't'
authorized capacuy(2�s), and that by i s /het; the r sign,dure(3) on the instrument the person(,, or
the entuy upon behalf of which the person( acted. e\eCtlled the instrtunent.
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.
PHYLLM SHINN
a Commlaalon # 1778898
'o Notary Public - California
San Diego County
Comm. ft Nov9 2011'
Notary Publ, c
Unit Cc, I ficate or Conyplenmi
Signature Page
1552 \04 \767821 1
ATTACHMENT A
BOUNDARY ADJUSTMENT CERTIFICATE OF COMPLIANCE
AS SHOWN ON BOUNDARY ADJUSTMF,NT...CERTIFICATE OF
COMPLIANCE 07 -01 RECORDED JULY 8, 2008 AS FILE
NO. 2008 - 0365250 AND RE- RECORDED SEPTEMBER 8, 2008
AS FILE NO. 2008- 0478020
2064
[;;2\04\767821 1
A -1
ATTACHMENT B
LEGAL DESCRIPTION FOR COMPLETED UNIT
END OF LEGAL DESCRIPTION
2065
1112 \04 \767821 1
B -I
Exhibit "A"
LEGAL DESCRIPTION
2066
ASSESSORS PARCEL NO. 314-213-50
PARCEL A:
PARCEL `A' 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. "
PARCEL Al:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A'
ABOVE, FOR A SHARED DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT
PORTION OF PARCEL `B' OF BOUNDARY ADJUSTMENT NO. 07 -01, DESCRIBED AS
FOLLOWS:
SHARED DRIVEWAY EASEMENT
COMMENCING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL `C' OF
BOUNDARY ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING ON THE CENTERLINE OF
YORK AVENUE (VACATED TO PUBLIC USE), SAID POINT BEARS NORTH 0 °21'08" WEST
20.00 FEET FROM THE MOST EASTERLY SOUTHEAST CORNER OF SAID PARCEL `C';
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 'C" SOUTH 89 0 38'52" WEST
170.17 FEET; THENCE ALONG THE. EASTERLY LINE OF SAID PARCEL `C' AND SAID
PARCEL `B', NORTH 0 °20'08" WEST 28.54 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY LINE OF PARCEL B', SOUTH
89 °37'09" WEST, 30.00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE OF PARCEL
`B', ,NORTH 0 0 20'08" WEST, 68:78 FEET TO THE NORTHERLY LINE OF SAID PARCEL `B',
THENCE ALONG SAID NORTHERLY LINE, NORTH 89 0 38'52" EAST, 30.00 FEET TO THE
NORTHEASTERLY CORNER OF SAID PARCEL `B'; THENCE SOUTHERLY ALONG THE
EASTERLY LINE OF SAID PARCEL B', SOUTH 0 0 20'08" EAST, 68.75 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL Al
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH ALL THOSE
PORTIONS OF PARCELS `B' AND `C' OF BOUNDARY ADJUSTMENT NO. 07 -01, DESCRIBED
AS FOLLOWS:
PRIVATE DRIVE EASEMENT
Exhibit "A"
LEGAL DESCRIPTION
(continued)
BEGINNING AT THE MOST EASTERLY NOI
BOUNDARY ADJUSTMENT NO. 07 -01, SAID
CENTERLINE OF YORK AVENUE (VACATED TO
0 0 21'08" WEST 20.00 FEET FROM THE MOST E
PARCEL `C'; THENCE SOUTH 89 °38'52" WEST 1'
OF SAID PARCEL `C'; THENCE ALONG THE 1
0 °20'08" WEST, 9.29 FEET TO THE SOUTHEAS
BOUNDARY ADJUSTMENT NO 07 -01; THENCE
EASTERLY LINE OF SAID PARCEL `B', NOR
LEAVING SAID LINE, SOUTH 89 °37'09" WEST, 4
TANGENT, 25.00 -FOOT RADIUS CURVE, CONC,
WHICH BEARS SOUTH 89 0 37'09" WEST; THENC
.THEAST CORNER OF PARCEL 'C' UP
'OINT ALSO BEING A POINT ON THE
PUBLIC USE), SAID POINT BEARS NORTH
ASTERLY SOUTHEAST CORNER OF SAID
0.17 FEET ALONG THE NORTHERLY LINE
; ASTERLY LINE OF PARCEL `C', NORTH
'ERLY CORNER OF SAID PARCEL `B' OF
CONTINUING NORTHERLY, ALONG THE
CH 0 0 20'08" WEST, 19.25 FEET, THENCE
3.50 FEET TO THE BEGINNING OF A NON -
�VE NORTHWESTERLY, THE CENTER OF
? SOUTHWESTERLY ALONG THE ARC OF
SAID 28 -FOOT RADIUS CURVE, THROUGH A CENTRAL ANULE UP 4J 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 °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 0 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 0 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.
PARCELA3:
A NON - EXCLUSIVE EASEMENT, FOR:THE BENEFIT OF AND APPURTENANT TO PARCEL 'A'
ABOVE, FOR ROAD AND PUBLIC UTILITY PURPOSES, IN, OVER, UNDER AND ACROSS THE
WESTERLY 40.Op FEET OF PARCELS 1, 2 AND 3 AND THE NORTHERLY 30.00 FEET OF
PARCEL I 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.
2 0'6 7
END OF LEGAL DESCRIPTION