Agency Regulatory Agreement and Declaration of Restrictive Covenants 2009-0704721( C�►lLA60 O
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The Poway Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
Attn: Executive Director
DOC # 2009-0704721
PS 111111111111111111111111111111111111111111111111111111111111111111 IN
ZH P DEC 22, 2009 8:00 AM
OFFICIAL RECORDS
ZW SAN DIEGO COUNTY RECORDER'S OFFICE 6054,
DAVID L. BUTLER, COUNTY RECORDER
N FEES: 0.00 WAYS: 2
PAGES: 24
111111111111111 1111111111111111111 oil 1111
NO FEE DOCUMENT PURSUANT TO
GOVERNMENT CODE SECTION 27383
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AGENCY REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(Orange Gardens- 12510 Oak Knoll Road)
This Agency Regulatory Agreement and Declaration of Restrictive Covenants (the
"Agreement ") is made and entered into as of December 22, 2009, by and between the Poway
Redevelopment Agency, a public body, corporate and politic (the "Agency ") and Poway Family
Housing Partners, L.P., a California limited partnership (the "Owner ").
RECITALS
1. The Agency has entered into a Loan Agreement with Foundation for Affordable
Housing V, Inc., a California nonprofit public benefit corporation ( "Foundation ") and Owner
under which the Agency loaned One Million Two Hundred Ninety-Six Thousand Dollars
($1,296,000) (the "Loan ") to Foundation which will be used for the acquisition and rehabilitation
of a fifty -two (52) -unit multifamily rental housing development (the "Development ") located on
the real property in the City of Poway, County of San Diego, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property "). Foundation has assigned the
proceeds of the Loan to the Owner and the Owner utilized a portion of the Loan proceeds to
acquire the Property.
2. The funds loaned to Owner pursuant to the Agency Loan Agreement consist of
Agency Redevelopment Low and Moderate Income Housing Funds and Agency Housing Special
Program funds. Pursuant to Health and Safety Code Section 33334.3, the Agency must restrict
developments assisted with funds from the Agency's Low and Moderate Income Housing Fund,
so that the developments remain affordable to low and moderate income households for the
longest feasible time. This Agreement is intended to implement this requirement.
3. The Agency and the City Council have made the necessary findings to spend
Agency Redevelopment Low and Moderate Income Housing Funds outside of the Paguay
Project Area, as evidenced by Agency Resolution No. R-09- — and City Council Resolution No.
09- adopted concurrently on December , 2009. Expenditure of monies deposited in the
Housing Fund to fund the acquisition and related costs will serve the purposes of Health and
1552%09%765272.2
Safety Code Section 33334.2, as well as the goals and objectives of the Redevelopment Plan for
the Project Area, by improving and increasing the community's supply of affordable housing. 6059
4. The Agency has agreed to loan funds to Owner on the condition that the
Development be maintained and operated in accordance with Health and Safety Code Sections
33334.2 et sec l., 33413(a) and 33413(b)(2)(A)(ii) and in accordance with additional restrictions
concerning affordability, operation, and maintenance of the Development, as specified in this
Agreement.
5. Through this Agreement and accompanying documents the Agency is imposing
occupancy and affordability restrictions on the Development in order to utilize the fifty -two (52)
units in partial satisfaction of its adequate sites inventory pursuant to Government Code Section
65583.1(c). The City received prior approval, on December _, 2009, from the California
Department of Housing and Community Development to credit the units toward the adequate
sites requirement pursuant to housing element law (Article 10.6 of the Government Code).
6. Owner intends to impose occupancy and affordability restrictions on the
Development in order to meet low and moderate income housing production requirements
applicable to the Project Area pursuant to Health and Safety Code Section 33413(b)(2)(A)(ii);
7. In consideration of receipt of the Loan at an interest rate substantially below the
market rate, Owner has further agreed to observe all the terms and conditions set forth below.
8. In order to ensure that the entire Development will be used and operated in
accordance with these conditions and restrictions, the Agency and Owner wish to enter into this
Agreement.
THEREFORE, the Agency and Owner hereby agree as follows:
ARTICLE 1.
DEFINITIONS
1.1 Definitions When used in this Agreement, the following terms shall have the
respective meanings assigned to them in this Article 1.
(a) "Actual Household Size" shall mean the actual number of persons in the
applicable household.
(b) "Adjusted Income" shall mean the total anticipated annual income of all
persons in a household, as calculated in accordance with 25 California Code of Regulations
Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar
method of calculation of adjusted income. In the event that no such program exists, the Agency
shall provide the Owner with a reasonably similar method of calculation of adjusted income as
provided in said Section 6914.
(c) "Agency" shall mean the Poway Redevelopment Agency, a public body,
corporate and politic.
155-2"()9\765272.2
(d) "Agency Deed of Trust" shall mean the deed of trust in favor of the
Agency on the Property which secures repayment of the Loan and performance of this 6060
Agreement.
(e) "Agency Loan" shall mean all funds loaned to Owner pursuant to the Loan
Agreement.
(f) "Agency Loan Agreement" shall mean the Agency Loan Agreement
entered into by and between the Agency and Owner, dated of even date herewith.
(g) "Agency Promissory Note" shall mean the promissory note from
Foundation, assigned to Owner, to the Agency evidencing all or any part of the Agency Loan.
(h) "Agreement" shall mean this Agency Regulatory Agreement and
Declaration of Restrictive Covenants.
(i) "Assumed Household Size" shall have the meaning set forth in Section
23(c). The definition is utilized to calculate affordable rent and is not intended to be a limit on
the number of persons occupying a unit.
(j) "City" shall mean the City of Poway, a municipal corporation.
(k) "Development" shall mean the Property and the fifty -two (52) units to be
rehabilitated on the Property, as well as all landscaping, roads and parking spaces existing
thereon, as the same may from time to time exist.
(1) "Existing Residents" shall mean the fifty -two (52) households that occupy
the units on the date of Owner's acquisition.
(m) "Foundation" shall mean Foundation for Affordable Housing V, Inc, a
California nonprofit public benefit corporation. Foundation shall serve as the Borrower's
Managing General Partner.
(n) "Income Report" has the meaning set forth in Section 2.1.
(o) "Lower Income Household" shall mean a household with an Adjusted
Income that does not exceed the qualifying limits for lower income households, adjusted for
Actual Household Size, as established and amended from time to time pursuant to Section 8 of
the United States Housing Act of 1937, and as published by the State of California Department
of Housing and Community Development.
(p) "Lower Income Rent" shall mean the rent permitted to be charged for a
Lower Income Unit pursuant to Section 2.3(b) below.
(q) "Lower Income Units" shall mean the Units, which, pursuant to Section
2.2(b) below, are required to be occupied by Lower Income Households.
1552 \09\765272.2
(r) "Median Income" shall mean the median gross yearly income adjusted for
Actual Household Size (to qualify residents) or Assumed Household Size (to calculate rents), as 6061
applicable, in the County of San Diego, California, as published from time to time by the State of
California Department of Housing and Community Development. In the event that such income
determinations are no longer published, or are not updated for a period of at least eighteen (18)
months, the Agency shall provide the Owner with other income determinations which are
reasonably similar with respect to methods of calculation to those previously published by the
State of California Department of Housing and Community Development.
(s) "Owner" shall mean Poway Family Housing Partners, L.P., a California
limited partnership, and its successors and assigns to the Development.
(t) "Property" shall mean the real property described in Exhibit A attached
hereto and incorporated herein.
(u) "Rent" shall mean the total of monthly payments by the residents of a Unit
(other than the manager's Unit) for the following: use and occupancy of the Unit and land and
associated facilities, including parking; any separately charged fees or service charges assessed
by Owner which are required of all residents, other than security deposits; the cost of an
adequate level of service for utilities paid by the resident, including garbage collection, sewer,
water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable or
telephone service; any other interest, taxes, fees or charges for use of the land or associated
facilities and assessed by a public or private entity other than Owner, and paid by the Resident.
(v) "Resident" shall mean a household occupying a Unit.
(w) "Term" shall mean the term of this Agreement, which shall commence on
the date of this Agreement and shall expire fifty -five (55) years after the date of Completion of
Rehabilitation (as defined in Section 4.2 of the Agency Loan Agreement), but in no event later
than the fifty -ninth (59 anniversary of the Close of Escrow (as defined in Section 1.1(x) of the
Agency Loan Agreement.
(x) "Units" shall mean the fifty -two (52) rental units to be rehabilitated by the
Owner on the Property, excluding the Manager's Unit as defined in Section 1.1(tt) of the Agency
Loan Agreement).
(y) "Very Low Income Household" shall mean a household with an Adjusted
Income that does not exceed the qualifying limits for very low income households, adjusted for
Actual Household Size, as established and amended from time to time pursuant to Section 8 of
the United States Housing Act of 1937, and as published by the State of California Department
of Housing and Community Development.
(z) "Very Low Income Rent" shall mean the rent permitted to be charged for a
Very Low Income Unit pursuant to Section 2.3(a) below.
(aa) "Very Low Income Units" shall mean the Units, which, pursuant to
Section 2.2(a) below, are required to be occupied by Very Low Income Households.
1552 \109\765372.2 4
ARTICLE 2.
AFFORDABILITY COVENANTS
2.1 Initial Assessment of Resident Incomes and Rents
Promptly following Owner's acquisition of the Property, Owner shall diligently take
reasonable steps to obtain income and rent certifications from all Existing Residents of the
Development, and Owner shall verify resident incomes in compliance with the requirements of
Section 3.1 below. Owner shall provide the Agency with a written report of resident incomes
and rents within sixty (60) days of acquisition of the Development (the "Income Report"). In the
event that the Owner is unable to obtain income and rent certification from an Existing Resident,
the Owner shall include in the Income Report the name and available contact information for
such Existing Resident, and the Owner shall document in the Income Report the reasonable steps
the Owner performed in attempting to obtain the income and rent certification from the Existing
Resident. The Income Report shall be accompanied by Owner's proposal regarding designation
of Units as Very Low Income Units or Lower Income Units. In designating Units, Owner shall
use the following allocation procedures:
(a) To the greatest extent feasible, the Units of Existing Residents who qualify as
Very Low Income Households shall be designated as Very Low Income Units and the Units of
Existing Residents who qualify as Lower Income Households shall be designated as Lower
Income Units.
(b) If there are more than fourteen (14) Existing Resident households who qualify as
Very Low Income Households, the Units occupied by the households with the lowest incomes
shall be designated as Very Low Income Units, with the remaining Units that are occupied by
Lower Income Households designated as Lower Income Units.
(c) With respect to Existing Residents only, except to the extent rent decreases are
required by the terms of the Bond Regulatory Agreement, Owner shall not implement rent
decreases or increases until the Agency has approved the Unit income designations proposed by
the Owner. The Agency agrees to approve or disapprove of the Unit income designations
proposed by the Owner not later than thirty (30) days following submittal by the Owner. Prior to
Agency approval of Unit income designations, Owner also shall not terminate tenancies except
for serious and repeated lease violations and no tenancies shall be terminated for overcrowding
or violation of occupancy restrictions. Overcrowded households shall not be evicted, solely
because of overcrowding.
2.2 Occupancy Requirements
(a) Very Low Income Units Fourteen (14) Units, including five (5) one -
bedroom Units, six (6) two - bedroom Units, and three (3) three- bedroom Units shall be rented to
and occupied by or, if vacant, available for occupancy by Very Low Income Households.
1552',09 \765272?
(b) Lower Income Units Thirty-seven (37) Units, including seventeen (17) 6063
one - bedroom Units and twenty (20) two - bedroom Units shall be rented to and occupied by or, if
vacant, available for occupancy by Lower Income Households..
(c) Manager's Unit One (1) three - bedroom unit shall be available for
designation as the manager's unit.
(d) Existing Residents Owner may at its option terminate tenancies of
Existing Residents that do not meet the household income requirements of this Agreement;
provided however, such over income Existing Residents shall receive ninety (90) days written
notice of termination and shall be eligible for relocation assistance pursuant to the relocation plan
approved by the City pursuant to Section 3.5 of the Agency Loan Agreement.
2.3 Allowable Rent
(a) Very Low Income Rent Subject to Section 2.4 below, the Rent charged to
Residents of the Very Low Income Units shall not exceed one - twelfth (I /12 of thirty percent
(30 %) of Very Low (50 %) of Median Income, adjusted for Assumed Household Size. If any
Very Low Income Units are occupied by Existing Residents whose incomes are less than the
qualifying amount for Very Low Income Households, and whose Rent will be increased, Owner
shall not increase the existing Rents on such Very Low Income Units for one (1) year
commencing on December 31, 2009, and shall be entitled to increase such rents no more than
once per year by either (1) the percentage increase in Median Income, or (2) five percent (5 %),
whichever is less.
(b) Lower Income Rent Subject to Section 2.4 below, the Rent charged to
Residents of the Lower Income Units shall not exceed one- twelfth (1 /12 of thirty percent
(30 %) of Lower (60 %) of Median Income, adjusted for Assumed Household Size. If any Lower
Income Units are occupied by Existing Residents whose incomes are less than the qualifying
amount for Lower Income Households, and whose Rent will be increased, Owner shall not
increase the existing Rents on such Lower Income Units for one (1) year commencing on
December 31, 2009, and shall be entitled to increase such rents no more than once per year by
either (1) the percentage increase in Median Income, or (2) five percent (5 %), whichever is less.
(c) In calculating the allowable Rent for the Units, the following Assumed
Household Sizes shall be utilized:
Number of Bedrooms Assumed Household Size
One 2
Two 3
Three 4
(d) No later than November 1 of each calendar year, the Agency shall provide
the Owner with a schedule of permissible maximum Very Low Income Rents and the
permissible maximum Lower Income Rents for the succeeding year. Under no circumstance
1552 6
may Owner raise rents above the permissible maximum rents as allowed under the annual rent 6064
schedule provided by the Agency.
2.4 Increased Income of Residents
(a) Very Low Income Household to Lower Income Household If, upon
recertification of a Resident's income, the Owner determines that a former Very Low Income
Household's Adjusted Income has increased and exceeds the qualifying income for a Very Low
Income Household set forth in Section 1.1(y) above, but does not exceed the qualifying limit for
a Lower Income Household as set forth in Section 1.1(0) above, then, upon expiration of the
Resident's lease:
(1) Such Resident's Unit may be considered a Lower Income Unit;
(2) Such Resident's Rent may be increased to a Lower Income Rent,
upon sixty (60) days' written notice to the Resident; and
(3) The Owner shall rent the next available Unit to a Very Low
Income Household at a Very Low Income Rent.
(b) Non- Oualifyina Household If, upon recertification of a Resident's
income, the Owner determines that a former Very Low Income Household or Lower Income
Household Adjusted Income has increased and exceeds the qualifying income for Lower Income
Households set forth in Section 1.1(m) (above eighty percent (80 %) of area median income),
then upon expiration of the Resident's Lease:
(1) Owner shall send such resident a written notice of termination of
tenancy informing Resident that Resident must vacate the unit. Owner shall allow Resident at
least one hundred twenty (120) days between the notice of termination of tenancy and move out.
Such period may be extended for family circumstances at Owner's discretion and upon approval
by the Agency; and
(2) The Owner shall rent the next available Unit to a Very Low
Income Household or a Lower Income Household at Rent not exceeding the maximum Rent
specified in Section 2.3(a) or 2.3(b), as applicable, to comply with the requirements of Section
2.2 and Section 2.3 above.
(c) Termination of Occupancy Except if the character of a Unit as a Very
Low Income Unit or Lower Income Unit has been redetermined pursuant to Section 2.4 above
due to the increased income of a Resident, upon termination of occupancy of a Unit by a
Resident, such Unit shall be deemed to be continuously occupied by a household of the same
income level (e.g., Very Low Income Household or Lower Income Household as the initial
income level of the vacating Resident, until such Unit is reoccupied, at which time the income
character of the Unit (e.g., Very Low Income Unit or Lower Income Unit) shall be redetermined.
If the character of the Unit as a Very Low Income Unit or a Lower Income Unit has been
redetermined pursuant to Section 2.4 above, upon termination of occupancy of a Unit by a
Resident, such Unit shall be deemed to be continuously occupied by a household of the same
income level (e.g., Very Low Income Household or Lower Income Household) as the income
1552;09\7652722 7
level of the vacating Resident, until such Unit is reoccupied, at which time the income character 6065
of the Unit (e.g., Very Low Income Unit or Lower Income Unit) shall be redetermined.
2.5 Resident Selection.
(a) Before leasing any vacant Units in the Development, the Owner must
provide the Agency for its review and approval the Owner's written marketing and resident
selection plan.
(b) The Owner shall not discriminate against any applicants for tenancy on the
basis of source of income or rent payment (for example, without limitation, Temporary
Assistance for Needy Families (TANF) or Section 8), and Owner shall consider a prospective
Resident's previous rent history of at least one (1) year, or such other time period the Owner
deems reasonable, as evidence of the prospective Resident's ability to pay the applicable Rent.
The ability to pay shall be demonstrated if the prospective Resident can document that the
prospective Resident's gross income is at least two (2) times the prospective rent. The Owner, in
the reasonable exercise of its discretion, may waive the requirement that the prospective
Resident's gross income equal at least two (2) times the prospective rent, and admit prospective
Residents with lower gross incomes.
2.6 Lease Provisions Owner shall include in leases for all Units provisions which
authorize Owner to immediately terminate the tenancy of any household one or more of whose
members misrepresented any fact material to the household's qualification as a Very Low
Income Household or Lower Income Household. Each lease or rental agreement shall also
provide that the household is subject to annual certification in accordance with Section 3.1
below, and that, if the household's income increases above the applicable limits for a Very Low
Income Household or Lower Income Household, as applicable, such household's Rent may be
subject to increase.
2.7 Condominium Conversion The Owner shall not convert Development units to
condominium or cooperative ownership or sell condominium or cooperative conversion rights to
the Property during the Term of this Agreement.
ARTICLE 3.
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification With respect to new Residents, the Owner will obtain, and
complete, as a condition to initial occupancy and with respect to new Residents and Existing
Residents, maintain on file annually thereafter, income certifications from each Resident renting
any of the Units. The Owner shall make a good faith effort to verify that the income provided by
an applicant or occupying household in an income certification is accurate by taking two or more
of the following steps as a part of the verification process: (1) obtain a minimum of the three (3)
most current pay stubs for all adults age eighteen (18) or older; (2) obtain an income tax return
for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain the three (3)
most current savings and checking account bank statements;(5) obtain an income verification
form from the applicant's current employer; (6) obtain an income verification form from the
1552 \09 \765272.2 8
Social Security Administration and/or the California Department of Social Services if the
applicant receives assistance from either of such agencies; or (7) if the applicant is unemployed 6W
and has no such tax return, obtain another form of independent verification. Copies of Resident
income certifications shall be available to the Agency upon request.
3.2 Annual Report to Agencv Owner shall submit to the Agency (a) not later than
the forty -fifth (45` day after the close of each calendar year, or such other date as may be
requested by the Agency, a statistical report, including income and rent data for all Units, setting
forth the information called for therein, and (b) within fifteen (15) days after receipt of a written
request, any other information or completed forms requested by the Agency.
3.3 Additional Information Owner shall provide any additional information
reasonably requested by the Agency. The Agency shall have the right to examine and snake
copies of all books, records or other documents of Owner which pertain to the Development.
3.4 Records Owner shall keep and maintain on the Property, or elsewhere with the
Agency's written consent, complete, accurate and current records pertaining to the Development,
and shall permit any duly authorized representative of the Agency to inspect records, including
records pertaining to income and household size of Residents, Rent charged Residents and
affirmative marketing requirements. All Resident lists, applications and waiting lists relating to
the Development shall at all times be kept separate and identifiable from any other business of
the Owner and shall be maintained as required by the Agency, in a reasonable condition for
proper audit and subject to examination during business hours by representatives of the Agency.
The Owner shall retain copies of all materials obtained or produced with respect to occupancy of
the Units for a period of at least five (5) years.
3.5 Annual Operating Budget The Owner, shall within sixty (60) days of the end of
each of the Owner's fiscal year, furnish the Agency an Annual Operating Budget. Upon receipt
by the Agency of the proposed Annual Operating Budget, the Agency shall promptly review the
same and approve or disapprove it within ten (10) working days. If the Annual Operating
Budget is not approved by the Agency, the Agency shall set forth in writing and notify the
Owner of the Agency's reasons for withholding such approval. The Owner shall thereafter
submit a revised Annual Operating Budget for Agency approval, which approval shall be granted
or denied within five (5) working days in accordance with the procedures set forth above.
Satisfaction of the requirements specified under this Section 3.5 shall be deemed compliance
with Sections 2.8(d) and 4.12 of the Agency Loan Agreement.
3.6 Approval of Use of Reserve Funds Owner agrees to create and maintain the
reserves required by the Approved Financing as defined in Section 1.1(m) of the Agency Loan
Agreement and the reserves in the amounts approved by the Agency as part of the Financing
Plan submitted by the Developer pursuant to Section 3.9 of the Agency Loan Agreement. Prior
to the use of funds from the reserves, Owner must submit a written request to withdraw funds
from the reserve account. The written request shall specify the amount requested and state how
the funds will be used. The Agency shall approve such request within thirty (30) days of receipt
of the written request for use of reserves; such request shall not be unreasonably withheld. If the
Agency fails to approve a request within the thirty (30) days, such request shall be deemed
15521091765272?
approved. Satisfaction of the requirements specified under this Section 3.6 shall be deemed 6067
compliance with Section 4.13 of the Agency Loan Agreement.
3.7 Resident Services Plan and Resident Services Budget The Agency shall approve
as part of the Financing Plan submitted by the Developer pursuant to Section 3.9 of the Agency
Loan Agreement a resident services budget to enable Owner to hire a resident service
coordinator (the "Resident Services Reserve "). Owner hereby agrees to hire and employ an on-
site resident service coordinator simultaneously to Owner's acquisition of the Property. Within
sixty (60) days of the end of Owner's fiscal year, Owner shall furnish to the Agency a draft
Resident Services Plan and Resident Services Budget. Upon receipt by the Agency of the
proposed Resident Services Plan and Resident Services Budget, the Agency shall promptly
review the same and approve or disapprove it within ten (10) working days. If the Resident
Services Plan and/or Resident Services Budget are not approved by the Agency, the Agency
shall set forth in writing and notify the Owner of the Agency's reasons for withholding such
approval, which may include a request by the Agency for a change in the nature or scope of
resident services or a change in service provider. The Owner shall thereafter submit a revised
Resident Services Plan and/or Resident Services Budget for Agency approval, which approval
shall be granted or denied within ten (10) working days in accordance with procedures set forth
above.
3.8 On -site Inspection The Agency shall have the right to perform an on -site
inspection of the Development at least one (1) time per year. The Owner agrees to cooperate in
such inspection.
ARTICLE 4.
OPERATION OF THE DEVELOPMENT
4.1 Residential Use The Development shall be operated only for residential use as
permanent multifamily rental housing.
4.2 Taxes and Assessments Owner shall pay all real and personal property taxes,
assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any line or charge from attaching to the
Property; provided, however, that Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event Owner exercises its right to contest any tax,
assessment, or charge against it, Owner, on final determination of the proceeding or contest, shall
immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
4.3 Nondiscrimination All of the Units shall be available for occupancy on a
continuous basis to members of the general public who are income eligible. Owner shall not
give preference to any particular class or group of persons in renting the Units, except to the
extent that the Units are required to be leased to Very Low Income Households or Lower Income
Households, or pursuant to Section 4.5 below. There shall be no discrimination against or
segregation of any person or group of persons, on account of race, color, creed, religion, sex,
1552 \09 \765272? 10
sexual orientation, marital status, national origin, source of income, disability, or ancestry, in the 6068
leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number,
use, or occupancy, of residents, lessees, sublessees, subtenants, or vendees of any Unit or in
connection with the employment of persons for the operation and management of the
Development. All deeds, leases or contracts made or entered into by Owner as to the Units or
the Development or portion thereof, shall contain covenants concerning discrimination as
prescribed by the Loan Agreement.
4.4 Section 8 Certificate Holders The Owner will accept as residents, on the same
basis as all other prospective residents, persons who are recipients of federal certificates or
vouchers for rent subsidies pursuant to the existing housing program under Section 8 of the
United States Housing Act, or its successor. The Owner shall not apply selection criteria to
Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other
prospective residents, nor shall the Owner apply or permit the application of management
policies or lease provisions with respect to the Development which have the effect of precluding
occupancy of units by such prospective Residents.
4.5 Preference to City and Agency Displacees Owner shall give a preference in the
rental of any Units to eligible households displaced by activity of the Agency or the City, as
provided in Health and Safety Code Section 33411.3. The preferences stated in this section
apply to the rentals of Units throughout the Term.
ARTICLE 5.
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities The Owner is responsible for all management
functions with respect to the Development, including without limitation the selection of
residents, certification and recertification of household size and income, evictions, collection of
rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of
capital items, and security. The Agency shall have no responsibility over management of the
Development. The Owner shall retain a professional property management company, approved
by the Agency in its reasonable discretion, to perform its management duties hereunder. A
resident manager shall also be required. At least six (6) months prior to completion of
rehabilitation of the Development Owner shall submit a proposed management plan to the
Agency for approval by the Agency. The Agency shall approve or disapprove (with written
explanation for disapproval) of the proposed management plan by notifying the Owner in writing
within sixty (60) days of the date of submission to the Agency.
5.2 Management Agent, Periodic Reports The Development shall at all times be
managed by an experienced management agent reasonably acceptable to the Agency, with
demonstrated ability to operate residential facilities like the Development in a manner that will
provide decent, safe, and sanitary housing (as approved, the "Management Agent "). The Owner
shall submit for the Agency's approval the identity of any proposed Management Agent and on-
site resident manager. The Owner shall also submit such additional information about the
1552\09,765272.2 I 1
background, experience and financial condition of any proposed Management Agent and on -site 6069
resident manager as is reasonably necessary for the Agency to determine whether the proposed
Management Agent or on -site resident manager meets the standard for a qualified Management
Agent or on -site resident manager set forth above. If the proposed Management Agent or on -site
resident manager meets the standard for a qualified Management Agent or on -site resident
manager set forth above, the Agency shall approve the proposed Management Agent or on -site
resident manager by notifying the Owner in writing. Unless the proposed Management Agent or
on -site resident manager is disapproved by the Agency within thirty (30) days, which
disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed
approved.
5.3 Performance Review The Agency reserves the right to conduct an annual (or
more frequently, if deemed reasonably necessary by the Agency) review of the management
practices and financial status of the Development. The purpose of each periodic review will be
to enable the Agency to determine if the Development is being operated and managed in
accordance with the requirements and standards of this Agreement. The Owner shall cooperate
with the Agency in such reviews.
5.4 Replacement of Management Agent or On -Site Resident Manager If, as a result
of a periodic review, the Agency determines, in its reasonable judgment, that the Development is
not being operated and managed in accordance with any of the material requirements and
standards of this Agreement, the Agency shall deliver notice to Owner of its intention to cause
replacement of the Management Agent or on -site resident manager, including the reasons
therefor. Within fifteen (15) days of receipt by Owner of such written notice, Agency staff and
the Developer shall meet in good faith to consider methods for improving the financial and
operating status of the Development. If, after a reasonable period as determined by the Agency
(not to exceed sixty (60) days), the Agency determines that the Owner is not operating and
managing the Development in accordance with the material requirements and standards of this
Agreement, the Agency may require replacement of the Management Agent or on -site resident
manager.
If, after the above procedure, the Agency requires in writing the replacement of the
Management Agent or on -site resident manager, Owner shall promptly dismiss the then
Management Agent or on -site resident manager, and shall appoint as the Management Agent or
on -site resident manager a person or entity meeting the standards for a Management Agent or on-
site resident manager set forth in Section 5.2 above and approved by the Agency pursuant to
Section 5.2 above.
Any contract for the operation or management of the Development entered into by Owner
shall provide that the contract can be terminated as set forth above. Failure to remove the
Management Agent or on -site resident manager in accordance with the provisions of this Section
shall constitute default under this Agreement, and the Agency may enforce this provision
through legal proceedings as specified in Section 6.4.
5.5 Approval of Management Policies The Owner shall submit its written
management policies with respect to the Development to the Agency for its review, and shall
1552\09'1765272.2 12
amend such policies in any way necessary to ensure that such policies comply with the 6070
provisions of this Agreement.
5.6 PropeM Maintenance The Owner agrees, for the entire Term of this Agreement,
to maintain all interior and exterior improvements, including landscaping, on the Property in
good condition and repair (and, as to landscaping, in a healthy 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 in accordance with the following
maintenance conditions:
(a) Landscaping The Owner agrees to have landscape maintenance
performed every other week, including replacement of dead or diseased plants with comparable
plants. Owner agrees to adequately water the landscaping on the Property. No improperly
maintained landscaping on the Property shall be visible from public streets and/or rights of way.
(b) Yard Area No yard areas on the Property shall be left unmaintained,
including:
(1) broken or discarded furniture, appliances and other, household
equipment stored in yard areas for a period exceeding one (1) week;
(2) packing boxes, lumber trash, dirt and other debris in areas visible
from public property or neighboring properties; and
(3) vehicles parked or stored in other than approved parking areas.
(c) Building No buildings located on the Property may be left in an
ummaintained condition so that any of the following exist:
(1) violations of state law, uniform codes, or City ordinances;
(2) conditions that constitute an unsightly appearance that detracts
from the aesthetics or value of the Property or constitutes a private or public nuisance;
(3) broken windows;
(4) graffiti (must be removed within seventy -two (72) hours); and
(5) conditions constituting hazards and/or inviting trespassers, or
malicious mischief
(d) Sidewalks The Owner shall maintain, repair, and replace as necessary all
public sidewalks adjacent to the Development.
The Agency places prime importance on quality maintenance to protect its investment
and to ensure that all Agency and City- assisted affordable housing projects within the City are
not allowed to deteriorate due to below - average maintenance. Normal wear and tear of the
155209 \765272.2 13
Development will be acceptable to the Agency assuming the Owner agrees to provide all 6071
necessary improvements to assure the Development is maintained in good condition. The Owner
shall make all repairs and replacements necessary to keep the improvements in good condition
and repair.
In the event that the Owner breaches any of the covenants contained in this section and
such default continues for a period of seven (7) days after written notice from the Agency with
respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after
written notice from the Agency with respect to landscaping and building improvements, then the
Agency, in addition to whatever other remedy it may have at law or in equity, shall have the right
to enter upon the Property and perform or cause to be performed all such acts and work
necessary to cure the default. Pursuant to such right of entry, the Agency shall be permitted (but
is not required) to enter upon the Property and perform all acts and work necessary to protect,
maintain, and preserve the improvements and landscaped areas on the Property, and to attach a
lien on the Property, or to assess the Property, in the amount of the expenditures arising from
such acts and work of protection, maintenance, and preservation by the Agency and/or costs of
such cure, including a ten percent (10 %) administrative charge, which amount shall be promptly
paid by the Owner to the Agency upon demand.
5.7 Safety Conditions
(a) The Owner acknowledges that the Agency places a prime importance on
the security of Agency assisted projects and the safety of the residents and surrounding
community. The Owner agrees to implement and maintain throughout the Term the following
security measures in the Development:
(1) to the extent feasible employ defensible space design principles
and crime prevention measures in the operation of the Development including but not limited to
maintaining adequate lighting in parking areas and pathways;
(2) use its best efforts to work with the City Police Department to
implement and operate an effective neighborhood watch program; and
(3) provide added security including dead -bolt locks for every entry
door, and where entry doors are damaged, replace them with solid -core doors.
(b) The Agency shall have the right to enter on the Property and /or contact the
City Police Department if it becomes aware of or is notified of any conditions that pose a danger
to the peace, health, welfare or safety of the Residents and/or the surrounding community, and to
perform or cause to be performed such acts as are necessary to correct the condition.
ARTICLE 6.
MISCELLANEOUS
6.1 Term The provisions of this Agreement shall apply to the Property for the entire
Term even if the entire Loan is paid in full prior to the end of the Term; provided, however, that
the provisions of Sections 4.3 and 5.6 of the Agreement shall run with the Property and shall
1552 \09\765272.2 14
remain in effect in perpetuity. This Agreement shall bind any successor, heir or assign of
Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or 6072
otherwise, except as expressly released by the Agency. The Agency makes the Loan on the
condition, and in consideration of, this provision, and would not do so otherwise.
6.2 Compliance with Loan Agreement and Program Requirements The Owner's
actions with respect to the Property shall at all times be in full conformity with: (i) all
requirements of the Agency Loan Agreement; (ii) all requirements imposed on projects assisted
with Redevelopment Low and Moderate Income Housing Fund monies under California Health
and Safety Code Section 33334.2 et sea.
6.3 Covenants to Run With the Land The Agency and Owner hereby declare their
express intent that the covenants and restrictions set forth in this Agreement shall run with the
land, and shall bind all successors in title to the Property, provided, however, that on the
expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and
every contract, deed or other instrument hereafter executed covering or conveying the Property
or any portion thereof shall be held conclusively to have been executed, delivered and accepted
subject to such covenants and restrictions, regardless of whether such covenants or restrictions
are set forth in such contract, deed or other instrument, unless the Agency expressly releases
such conveyed portion of the Property from the requirements of this Agreement.
6.4 Enforcement by the Agency If Owner fails to perform any obligation under this
Agreement, and fails to cure the default within thirty (30) days after the Agency has notified the
Owner in writing of the default or, if the default cannot be cured within thirty (30) days, failed to
commence to cure within thirty (30) days and thereafter diligently pursue such cure, the Agency
shall have the right to enforce this Agreement by any or all of the following actions, or any other
remedy provided by law:
(a) Calling the Loan The Agency may declare a default under the Note,
accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed
of Trust.
(b) Action to Compel Performance or for Damages The Agency may bring
an action at law or in equity to compel Owner's performance of its obligations under this
Agreement, and /or for damages.
(c) Remedies Provided Under Loan Agreement The Agency may exercise
any other remedy provided under the Loan Agreement.
6.5 Rights of Third Parties to Enforce Covenants Notwithstanding any other
provisions of law, all covenants and restrictions contained herein which implement Health and
Safety Code Sections 33334.3 and /or 33413(b)(4), or successor provisions, shall run with the
land and shall be enforceable by the Agency, the City of Poway, and any of the parties listed in
Health and Safety Code Section 33334.3(f)(7), so long as such provision or successor provision
remains in effect.
6.6 Listing of Property in Database Owner hereby acknowledges and agrees that
Health and Safety Code Section 33418(c) requires that the Property be listed in a database that
1552109 \765272.2 15
shall be made available to the public on the internet and which will include the street address,
assessor's parcel number, and other information about the Property. The Owner must disclose 6073
this requirement to all Residents and prospective Residents.
6.7 Attorneys Fees and Costs In any action brought to enforce this Agreement, the
prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This
section shall be interpreted in accordance with California Civil Code Section 1717 and judicial
decisions interpreting that statute.
6.8 Recording and Filing The Agency and Owner shall cause this Agreement, and
all amendments and supplements to it, to be recorded against the Property in the Official Records
of the County of San Diego.
6.9 Governing Law This Agreement shall be governed by the laws of the State of
California.
6.10 Amendments This Agreement may be amended only by a written instrument
executed by all the parties hereto or their successors in title, and duly recorded in the real
property records of the County of San Diego, California.
6.11 Notice All notices given or certificates delivered under this Agreement shall be
in writing and be deemed received on the delivery or refusal date shown on the delivery receipt,
if. (i) personally delivered by a commercial service which furnishes signed receipts of delivery
or (ii) mailed by certified mail, return receipt requested, postage prepaid, addressed as shown on
the signature page. Any of the parties may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates or communications shall be sent.
6.12 Severability If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
Agreement shall not in any way be affected or impaired thereby.
[Signatures on following Page]
1552'•()9',765272.2 16
IN WITNESS WHEREOF, the Agency and Owner have executed this Agreement by
duly authorized representatives, all on the date first written above. 6 074
Address:
The Poway Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
Attn: Executive Director
F..' 19 : =01wel ui
AGENCY:
THE POWAY REDEVELOPMENT
AGENCY, a public body corporate and politic
Its:
By: Goldfarb & Lipman LLP
Agency Special Counsel
By: LA ; l�.S
Po y V. Marshall
1552 \09 \765272.2 17
Address:
OWNER:
POWAY FAMILY HOUSING PARTNERS,
L.P., a California limited partnership
By:
Its: lid
By: Foundation for Affordable
Housing V, Inc., a California nonprofit
public benefit corporation
Its: Ma ging General Partner
By:
Its: 1�� gtC'�ey�'E
By: Affirmed Housing Group, Inc.,
a Delaware corporation
Its: Administrative General Partner
By:
Its: �l !
0075
1 ;; n x:70;?- i
Address:
OWNER:
POWAY FAMILY HOUSING PARTNERS,
L.P., a California limited partnership
I:
Its:
By: Foundation for Affordable
Housing V, Inc., a California nonprofit
public benefit corporation
Its: Ma ging General Partner
By:
Its: PM - t>NA0 —V)*'
By: Affirmed Housing Group, Inc.,
a Delaware corporation
Its: Administrative General Partner
an
Its:
S ®7J
1552 \04\765272.2 is
STATE OF CALIFORNIA
T
COUNTY OF L '✓
On �'� f IC-72 > 2009before me, � � 1 Vq S ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the persoaz g) whose name(o
subscribed to the within instrument and acknowledged to me that e�hefthrey executed
the same in iit authorized capacity(WO, and that by h sg �'signature,( -R) on the
instrument t or the entity upon behalf of which the person(�'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 of iic' 1 seal. ...........
SHELLEY COLLINS
Signature Seal Commission # 1787479
g ( Seal ) Son Public C - C uln yrNal
Si
M 0"n.80wDecX2011
STATE OF CALIFORNIA
COUNTY OF ire Q ,
On DeCeVV\,&-f k (0 , 20 ((before me, 1: a( ?v V (R- >
Notary Public, personally appeared D?- UX - w" kVk
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.R)
is /are subscribed to the within instrument and acknowledged to me that Jae /she4hey executed
the same in Jiis /her /their authorized capacity(ioa), and that by hie/her / their signature( on the
instrument the person(, 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.
6077
WITNESS my ha d and official seal. GARY PONCE
Commission # 1716604
. Notary Public - California =
Signature (Seal) Orange County
My Conan. B #%Jan 13, 2011
15 4094765 272.?
State of California
County of '5 br -Q�� ) -- _ 11 6078 On �.1 efore me, 1 , a Notary Public in and for said
State, personally appear _ A
, who proved to me on the basis of satisfactory evidence to be the person (e) whose name
.Es) is /.are subscribed to the within instrument and acknowledged to me that heh&eAhoy executed
the same in his/lwf4heir-authorized capacity (.ies�, and that by hiss signature -W 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 h and official seal.
`; KELLI J. ELLIOTT
COMM. $1717344
NOTARY PURLiC • CALffOMM
Signature ��NF,DCIpG,O�CNO 011
(Area for Notary Seal)
EXHIBIT A
(Legal Description)
The land is situated in the City of Poway, County of San Diego, State of California, and is
described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 0 20'00" WEST, 133.69 FEET; THENCE PARALLEL WITH THE WEST
LINE OF SAID DANIELSON'S LAND, NORTH 00 °43'00" EAST TO THE SOUTH LINE OF THE
NORTH 162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND
DESCRIBED IN THE DEED TO KENNETH C. SNYDER, ET UX, RECORDED JUNE 10, 1968 AS
DOCUMENT NO. 96618: THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF
THE HEREINABOVE REFERRED TO DANIELSON'S LAND; THENCE ALONG SAID WEST LINE
SOUTH 00 0 43'00" WEST, 321.97 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX' TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 0 20'00" WEST, 133.69 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 83 0 20'00" WEST, 133.68 FEET
6079
LEGAL DESCRIPTION
(continued)
TO THE EAST LINE OF LAND AS DESCRIBED IN PARCEL 2 OF THE DEED TO J. FRANK
ZITTELL AND CHARLOTTE G. ZITTELL, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE
80 OF OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF LAND AS DESCRIBED IN
SAID PARCEL 2, NORTH 00 °43'00" EAST TO THE SOUTHWEST CORNER OF THE NORTH
162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND DESCRIBED
IN DEED TO KENNETH C. SNYDER, ET US, RECORDED JUNE 10, 1968 AS DOCUMENT NO.
96618: THENCE EAST ALONG THE SOUTH LINE OF SAID NORTH 162.65 FEET TO A LINE
WHICH BEARS NORTH 00 0 43'00" EAST, PARALLEL WITH THE WEST LINE OF SAID
DANIELSON'S LANDS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 °43'00"
WEST TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND
INCIDENTS THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 20.00 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 WEST 267.37 FEET TO THE EAST LINE OF LAND AS
DESCRIBED IN PARCEL 2 OF DEED TO J. FRANK ZITTELL AND CHARLOTTE G. ZITTELL,
RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE
ALONG THE EAST LINE OF LAND AS DESCRIBED IN SAID PARCEL 2, NORTH 00 EAST
TO THE SOUTH LINE OF LAND AS DESCRIBED IN PARCEL 1 OF SAID DEED TO THE
ZITTELLS; THENCE ALONG THE SOUTH LINE OF LAND AS DESCRIBED IN SAID PARCEL 1,
EASTERLY TO THE WEST LINE OF DANIELSON'S LAND HEREINABOVE REFERRED TO;
THENCE ALONG THE WEST LINE OF SAID DANIELSON'S LAND SOUTH 00 WEST
483.72 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND
INCIDENTS THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN
WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, THE WEST LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
�i:i
LEGAL DESCRIPTION
(continued)
BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES
FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF
BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF
MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING
ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER,
ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER
16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL
WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID
POWAY ROAD SOUTH 83 0 20'00" WEST 277.46 FEET; THENCE NORTH 00 °43'00" EAST, 505.00
FEET, MORE OR LESS, TO THE SOUTH LINE OF LAND DESCRIBED IN PARCEL 1 IN THE
DEED TO J. FRANK ZITTELL, ET UX, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80
OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00 0 43'00" EAST TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR PUBLIC
ROAD PURPOSES DESCRIBED IN THE DEED OF THE COUNTY OF SAN DIEGO RECORDED
MAY 2, 1963 AS DOCUMENT NO. 76105 OFFICIAL RECORDS.
SAID STRIP TO TERMINATE ON THE NORTH IN THE SOUTH LINE OF SAID PUBLIC ROAD
AND ON THE SOUTH IN THE SOUTH LINE OF SAID PARCEL 1 OF ZITTELL'S LAND.
END OF LEGAL DESCRIPTION
rte
1552"W764781.1