Unit Certificate of Completion 2010-0320179Please complete this infornlatiou.
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D O C # 2010-0320179
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JUN 25, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES: 10
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6 3479
U(OiT C�27iFitwre - Can. piurr
(Please fill in document title(s) on this line)
Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORIv1AT10N
Govt. Code 27361.6
(Additional recording fee applies)
UNIT CERTIFICATE OF COMPLETION
(The Meadows at York)
_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
above 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 -
O493244 (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 Attachment A Boundary Adjustment Certificate of Compliance for the
Meadows, at York. attached hereto (the "Site "), to Poway Meadows, L.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 the 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
Improvements (as defined in Section 100 of the DDA) or any portions thereof, which Certificate
o£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 o£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 Agency has
conclusively determined 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
I s;2�04v67s21 1
3481
the ODA. Furthermore, the:Developer has provided the Agency with a Certificate of Occupancy
dated April 13, 2010. as issued by 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 and in any documents
related to and /or incorporated by reference in the DDA, other than Nvith respect to the Completed
Unit.
Except as otherwise provide&abovc, 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.
"fhe Grant Deed and other documents executed and recorded pursuant to the DDA shall
remain in effect and enforceable according to their terms.
[Signahure Page Follows
1552\04v6782i 1
IN WITNESS WHEREOF, the Agency has duly executed this Unit Certificate of
Completion on this _ 74 1A day of t Jum , 20,10.
POWAY REDEVELOPNIENT AGENCY,
a public bodv, corporate and politic
—
By: T
Its: �K
APPROVED AS TO FORM:
GOLDFARB fi LIPMAN LLP
Agency Special Counsel
By
Polly Marshall
3482
� Ipu CCi Ii GCdie u(('ampkliun
signa(uTc POya
1552\04 \767S_ 1 1
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
3483
I CERTIFY UNDER PENALTY OF PERJURY THAT'THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS-STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: y 9 Date Commission Expires: Inc 2'�. �A
County Where Bond is Filed:
Manufacturer or Vendor Number:
Signature
�w m
(Located on both sides of the notary seal border)
Place of Execution: San Diego Date: / Z / 1--')
ReC Fc,. #Ri01 (Rev 6111103)
nnn lmdmu ku appouaulc)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On '�+ ZOID . before
pek4nallyappeared
Notary Public,
proved to me on the basis
of sahsfactory evidence to be the pc`rson(.*rwhusc name(,6T .rresubscribed to the within
instrument :Ind acknowledged to me that lgt!0'II1" executed the same in kwwetbeir 3484
authorized capacly(res)', and that by h s/ e h n signature(sj on the instrument the person(s} or
the entity upon behalfof cs hich the person( -�) acted, executed the instrument.
T 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.
tr- ULU
•i. ( �u��
_
Unit ceru ficaic o!' cumplcl iun
Signature Page
1552 \04 \767821.1
ATTACHMENT A
BOUNDARY ADJUSTMENT CERTIFICATE _OF COMPLIANCE
AS SHOWN ON BOUNDARY ADJUSTMENT CERTIFICATE OF
COMPLIANCE 0 -01 RECORDED JULY 8, 2008 AS FILE NO. 3 48'5
2008 - 0365250 AND RE SEPTEMBER '8, 2008 AS
FILE NO. 2008 - 0478020
1552 \04 \767321 I
A -1
ATTACHMENT B
LEGAL DESCRIPTION FOR COMPLETED UNIT
END OF LEGAL DESCRIPTION
ffl�oj
isswavU�a�� i
B -1
EXHIBIT `B"
LEGAL DESCRIPTION
ASSESSORS PARCEL NO. 314-213-51
PARCEL B:
PARCEL `B' AS SHOWN AND DESCRIBED ON THAT CERTAIN BOUNDARY ADJUSTMENT
CERTIFICATE OF COMPLIANCE, BA NO. 07 -01, RECORDED 'SEPTEMBER 8, 2008 AS 3
INSTRUMENT NO. 2008 - 0478020 OF OFFICIAL RECORDS OF SAN DIEGO COUNT3
( "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 494, PAGE 494 OF
OFFICIAL RECORDS.
RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A' OF
BOUNDARY ADJUSTMENT NO. 07 -01, A NON - EXCLUSIVE EASEMENT FOR A SHARED
DRIVEWAY OVER, UNDER, ALONG AND THROUGH ALL THAT PORTION OF SAID PARCEL
`B' 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 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 °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 0 37'09" WEST, 30.00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE, OF PARCEL
`B', NORTH 0 °20'08" WEST, 68.78 FEET TO THE NORTHERLY LINE OF SAID PARCEL 'B',
THENCE ALONG SAID NORTHERLY LINE, NORTH 89 °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.
ALSO RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL'A'
AND PARCEL `C' OF BOUNDARY ADJUSTMENT NO. 07 -01, NON - EXCLUSIVE EASEMENTS
FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG, AND THROUGH THAT PORTION OF
THE PRIVATE DRIVE EASEMENT (DEFINED BELOW) LOCATED WITHIN PARCEL B.
PARCEL B1:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT
PORTION OF THE FOLLOWING DESCRIBED LAND LOCATED WITHIN PARCEL `C' OF
BOUNDARY ADJUSTMENT NO. 07 -01:
PRIVATE DRIVE EASEMENT
LEGAL DESCRIPTION
(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 3488
BOUNDARY ADJUSTMENT NO. 07 -01; THENCE CONTINUING NORTHERLY, ALONG THE
EASTERLY LINE OF SAID PARCEL `B', NORTH 0 °20'08" WEST, 19.25 FEET, THENCE
LEAVING SAID LINE, SOUTH 89 0 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 °37'09" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID 28 -FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 43 °17'40'; AN ARC
DISTANCE OF 21.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL '13% 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 ( "PRIVATE DRIVE EASEMENT ").
PARCEL 62:
A NON - EXCLUSIVE EASEMENT„ FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
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 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.
END OF LEGAL DESCRIPTION