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Assignment, Delegation and Asumption of the Owner Participation Agreement as Amended 1996-0594396®-,' �► C, RECORDING REQUESTED BY: a't1olp 1532 City of Poway and WHEN RECORDED MAIL TO: City Clerk ,I n City of Poway � P.O. Box 789 Poway, California 92074 No Transfer Tax Due A, � 1996-0594396 22 —NOV -1996 0 .�9 PM RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SnITH, COUNTY RECORDER RF: 14.00 _ FEES, 26.00 AF: 10.00 UF: 2.00 Above Space For Recorder's Use Only ASSIGNMENT, DELEGATION, AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT AS AMENDED BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND TRIDENT HOMES OF CALIFORNIA, INC. PARTICIPANT. THIS ASSIGNMENT, DELEGATION AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT AS AMENDED BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND TRIDENT HOMES OF CALIFORNIA, INC., PARTICIPANT, ("Assignment, Delegation and Assumption "), is made as of October 22, 1996, by and among Trident Homes of California, Inc., a California corporation, Shea Homes Limited Partnership, a California limited partnership, and the Poway Redevelopment Agency who agree as follows: 1. RECITALS: This Assignment, Delegation and Assumption is made with reference to and in contemplation of the following facts and circumstances: a. Trident Homes of California, Inc., and the Poway Redevelopment Agency ( "Agency ") are parties to the Owner Participation Agreement by and between the Poway Redevelopment Agency, Agency, and McMillin Communities, Inc., a California corporation, Participant, dated as of June 18, 1990, and recorded with the San Diego County Recorder on July 26, 1990, as Document No. 90- 408019, as amended by the Amendment to Owner Participation Agreement on May 16, 1991, and recorded with the San Diego County Recorder on May 30, 1991, as Document No. 1991- 0252919, and as amended by the Second Amendment to Owner Participation Agreement on November 1, 1994, and recorded with the San Diego County Recorder on February 7, 1995, as Document No. 1995- 0055474 ( "Owner Participation Agreement "). pppp- J533 b. Shea Homes Limited Partnership holds all legal interest in a portion of the property governed by the Owner Participation Agreement as of October 18, 1996. The property owned by Shea Homes Limited Partnership is more particularly described in Exhibit "A" attached hereto (the "Property ") and incorporated herein by reference, which is the subject of this Assignment, Delegation and Assumption. 2. ASSIGNMENT AND DELEGATION: For valuable consideration, the receipt of which is hereby acknowledged, Trident Homes of California, Inc., hereby assigns its rights and delegates its obligations under the Owner Participation Agreement to Shea Homes Limited Partnership, only with respect to the Property and the obligation to relocate underground adjacent to the new Pomerado Road the existing 12KV electric transmission line. 3. ASSUMPTION: For valuable consideration, the receipt of which is hereby acknowledged, Shea Homes Limited Partnership hereby accepts the rights and assumes the obligations of Trident Homes of California, Inc., under the Owner Participation Agreement, only with respect to the Property and the obligation to relocate underground adjacent to the new Pomerado Road the existing 12KV electric transmission line. 4. RELEASE OF OBLIGATION: The Poway Redevelopment Agency hereby releases Trident homes of California, Inc., from the obligations of the Owner Participation Agreement only with respect to the Property and the obligation to relocate underground adjacent to the new Pomerado Road the existing 12KV electric transmission line. IN WITNESS WHEREOF, Trident Homes of California, Inc., Shea Homes Limited Partnership and the Poway Redevelopment Agency have executed and delivered this Assignment, Delegation and Assumption as of the date written above. ATTEST: POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic By: Chairman Secretary [Signatures continued on following page] FL\ ... l sheatiomcAPoway135 \OPA_Agmt.Asn - 2 - r • [Signatures continued from preceding page] APPROVED AS TO FORM AND SUBSTANCE: Stephdn NJ!Eckis, Agency Counsel 1534 TRIDENT HOMES OF CALIFORNIA, INC., a California corporation By: Its VACS 412 'c5 /DE I SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership BY: J. F. SHEA CO., INC., a Nevada nA corporation, General Partner \v " By: S HA ... \ SheaHontesftwayI35\OPA_Agmt.Asn - 3 - , Vice President Gary Okonowsky, Assistant Secretary . r 0 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On November 1, 1996 , before me, 1535 Susan L. Trimingham , Notary Public, personally appeared Mary Brock and Gary Okonowsky , known to me (or- pfeved- to- me-on- the - basis- e�ga +ts•€aetor�vadaw.ee to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that he /she the xecuted the same in his/hevztheir uthorized capacity(ies), and that by hi s/he eEDs ignatures) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 1�9 (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) SUSAN L TRIMINGHAM COMM. #987034 NOTARY PUBL f SAN DIEGO CO NW My Commission tes —� MARCH 26, 1997 On NOVEMBER 7, 1996 , before me, JOSEPHINE C. CHIEN , Notary Public, personally appeared DANIEL ZAU , known to me (or�t ®n ig € # e idenee) to be the person( whose name(s�) is /am subscribed to the within instrument and acknowledged to me that he /executed the same in his /bodftir authorized capacity(, and that by his/Jae>htbRir signature(k) on the instrument, the person(, or the entity upon behalf of which the person(j) acted, executed the instrument. WITNESS my hand and official seal. Signature �►^ L1� r HA ... \ShcaHomcs \Poway 135 \0PA_Agmt.Asn JOSEPHINE C CHIEN COMM. # 1015061 Z (Seal) Z '� ; Notary PubUc — Callfomla ORANGE COUNTY MV Comm. Expires JAN 20.1998 LEGAL DESCRIPTION - EXHIBIT "A" TOTAL 1536 PARCEL 1: THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THAT PORTION OF THE EAST HALF OF SAID NORTHWEST QUARTER LYING NORTHEASTERLY OF THE CENTER LINE OF THAT 60 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 369 OF DEEDS. ALSO EXCEPTING THAT PORTION OF THE NORTH HALF OF SAID NORTHWEST QUARTER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 000 19' 53" WEST, ALONG THE WESTERLY LINE THEREOF, 437.00 FEET; THENCE SOUTH 860 51' 34" EAST, 283.36 FEET; THENCE SOUTH 850 53' 30" EAST, 261.05 FEET; THENCE SOUTH 890 50' 57" EAST, 360.53 FEET THENCE NORTH 52° 31' 37" EAST, 148.35 FEET; THENCE NORTH 600 40' 53" EAST, 146.18 FEET; THENCE NORTH 130 21' 20" WEST, 85.55 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6000.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 020 43' 01" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 000 14' 26" A DISTANCE OF 25.19 FEET; THENCE NORTH 870 31' 25" EAST, 178.29 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1971.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 47' 10" A DISTANCE OF 233.45 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF OLD POMERADO ROAD AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1030.00 FEET, A RADIAL TO' SAID POINT BEARS SOUTH 430 26' 29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO THE WESTERLY RIGHT -OF -WAY OF SAID OLD POMERADO ROAD, THROUGH A CENTRAL ANGLE OF 050 40' 35" A DISTANCE OF 102.04 FEET; THENCE NORTH 400 48' 32" WEST CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY 123.08 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY NORTH 370 26' 30" EAST, 30.64 FEET TO THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 26 AND THE CENTERLINE OF SAID POMERADO ROAD; THENCE NORTH 890 52' 20" WEST ALONG SAID NORTH LINE OF SAID SECTION 26, 1429.79 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM CITY OF POWAY TRACT NO. 88 -04R, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13364, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 17, 1996. PARCEL 2: LOTS 1 THRU 64 INCLUSIVE, OF CITY OF POWAY TRACT NO. 88 -04R, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13364, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 17, 1996.