Environmental Enhancement and Mitigation Program Agreement... 1998-0289009 . � ' -�i�LU' �;t'4��.�.�.�L�f ���- � � ��'t:��.�/^r.r
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Reeording requested by and
when recorded mail to: j 5 29 �'iAY �8 a �9�J8 8 _ �� Ai"S
Don Pope (�FICIf� RE[�iDS
State of California 5f�1 DIEG(I C[N91TY REC(�tDER'S OFFICE
Department of Transportation, District 11 G(�G(�tY J. SMITH� COIk{TY f�Ca'i1�R
SOa�Diego, CA 921110 Ce ��IIIIIIIIIIIIIIIIIII��IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ove for Reco de�r's use.)
1998-0289009
Environmental Enhancement and Mitigation Program
Agreement Declaring Restrictive Covenants (ADRC)
Project Number: 97-111
This Agreement Declaring Restrictive Covenants is entered into as of this 15th day of Januarv,
1998, by and between the Citv of Poway, hereinafter referred to as "APPLICANT," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WHEREAS, APPLICANT will be the owner of the real properly to be acquired which is described
in Exhibit ADRC-A, attached hereto and incorporated herein by this reference, attached hereto and
incorporated herein by reference;
WHEREAS, APPLICANT acquires the real property described in Exhibit ADRC-A, hereinafter
referred to as "REAL PROPERTY," for the public purpose of undertaking REAL PROPERTY as an
environmental enhancement and mitigation project which is directly or indirectly related to the
environmental unpact of modifying existing transportation facilities or directly or indirectly related to the
environmental unpact of design, construction, or expansion of new transportation facilities described in
Exhibit ADRC-B, hereinafter collectively refened to as "TRANSPORTATION FACII,ITIES;"
WHEREAS, STAT'E has allocated funds to APPLICANT for REAL PROPERTY as provided in
section 164.56 of the Streets and Highways Code; and
WHEREAS, both APPLICANT and STAT'E desire and intend to restrict the REAL PROPERTY
uses to environmental enhancement and mitigation purposes so that all of REAL PROPERTY and
TRANSPORTATION FACII,TI'IES shall be benefited and each successive owner of all or part of said
REAL PROPERTY and 'I'RANSPORTA'ITON FACILTTTES shall be benefited by the preservation of
REAL PROPERTY for environmental enhancement and mitigation purposes.
NOW THEREFORE, in consideration of the mutual promises of the parties hereto, each to the
other as covenantors and covenantees, and expressly for the substantial benefits to be derived therefrom,
and to bind, their successors in interest,the said parties agree as follows:
Management and Maintenance of Property
1 . APPLICANT will manage and maintain in the future the REAL PROPERTY acquired,
developed, rehabIlitated, or restored with funds allocated to APPLICANT pursuant to Applicant-State
Agreement No. ll-97-29,Environmental Enhancement and Mitigation Program. With STATE's prior
approval, APPLICANT, or its successors in interest, may modify or transfer these management and
maintenance responsibilides in the REAL PROPERTY. If the REAL PROPERTY is
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not managed and maintained consistent with the application, the State Highway Account, at the sole
discretion of STATE and 45 days notice to APPLICANT by STATE, shall be reimbursed an amount at
least equal to the amount of the STATE's funding participation in REAL PROPERTY or STA1'E's pro
rata paRicipation in REAL PROPERTY based on its then fair market value, whichever is higher.
2. All REAL PROPERTY acquired with STATE Envuonmental Enhancement and Mitigalion
Program funds shall be subject to this AgreemenL If REAL PROPERTY is sold, traded, or otherwise
put to any use other than as approved in the application for the allocation for STATE funds, the State
Highway Account, at the sole discrepon of STAT'E and 45 days notice to APPLICANT by STATE,
shall be reimbursed an amount at least equal to the amount of STATE's funding participation in REAL
PROPERTY or the pro rata fair mazket value of REAL PROPERTY, including improvements, at the
time of sale, whichever is higher. The pro rata fair market value shall be based on the fund transfer
amount applied toward the purchase of the property and the design and construction of improvements
in proportion to the totai purchase price of the property and the cost of all improvements made prior to
the time of sale.
Term
3. These covenants are to run with the land and shall be binding on all parties and all persons
claiming under them until revoked or amended pursuant to the Amendment and Revocation provisions
of this AGREEMENT.
Assignment
4. Without the written consent of STATE, this AGREEMENT is not assignable in whole or in
part by APPLICANT.
Amendment and Revocation
5. This AGREEMENT and any amendments to it may be amended in any respect by the
execution by STATE and APPLICANT of any instrument amending or revoking this AGREEMENT.
The amending or revoking instrument shall make appropdate reference to this AGREEMENT and its
amendments and shall be acknowledged and recorded in the office of the County Recorder of the
counties in which the property is located.
Enforcement
6. Enforcement shall be by proceediogs at law or in equity against any person or persons
violating or attempting to violate any covenant either to restrain violation or to recover damages.
Indemnification
7. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occumng by reason of anything done or omitted to be done by APPLICANT under or in
connection with any work, authority or jurisdiction delegated to APPLICANT under this
AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4,
APPLICAN`I'shall fully defend, indemnify and save harniless the State of California, all officers, and
employees from all claims, suits or actions of every name, kind and descriptio� brought for or on
account of injury (as defined in Gov. Code#8108) occurring by reason of anything done or omitted to
be done by APPLICANT under or in connection with any work, authority or jurisdiction delegated to
APPLICANI'under the AGREEMENT. STATE reserves the right to represent itself in any IitigaUon
in which STATE's interests aze at stake.
Purpose of Agreement
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8. This AGREEMENT is solely for recording purposes and shall not be construed to alter,
modify, amend, or supplement the Applicant-State Agreement No. 11-97-29, Environmental
Enhancement and Mitigation Program, or the application for funds as prepared by APPLICANT.
3
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Severability
9. Invalidation of any one of these covenants by judgment or court order shall in no way
affect any of the other provisions which shall remain in full force and effect.
IN WI'TNESS WHEREOF, the parties hereby execute this AGREEMENT by their duly authorized
officers as of the date set forth above and agree to be bound hereby:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION APPLICAN'I'
� � �
By. (flistri g`{etaf�ajr�aeal�9aststsme- � By. pplicantRepresentative ame)
� C-oordinatarr City of Poway
( llivi'sion Chiet , Program/Proiect (Agency)
Management ) City Manager
(Title)
����/.eeas� P.O. Box 789 Poway, CA 92074-0789
(619)t 6'79t42b0 tP)
� (Phone no.)
----------------------------------------------------------------------------------------------------------------------
(Space below for Notary Public jurats or acknowledgments)
4
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97-Ill
. • � �,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,a sgo�
state of ��irr.uz 15 3 3
County of �
On �2nCLkc.� �/ /J9ft beforeme, ���e� �10�-� �
� onTe � ,
�/ � NA ITLEOFOFFICER- .G.."JANE�OE,NOT PUBLIC"
personally appeared � y�/�����
NAME�S)OF SIGNEq(S)
� personally known to me - OR - ❑ p
to be the person(�s,j whose name( is are
subscribed to the within instrument and ac-
knowledged to me that ie sk�e1�l3ey executed
the same in is he.cltheir authorized
capacity(ie�, and that by �herf�t+reir
CAROLYN LEE � signature(� on the instrument the person(S�
o COMM. # l 1b931 I
� "°T'wvvue�•�uwAr,u .o or the entity upon behalf of which the
My�01^�m�iio.�ii zooiJ person(9,t acted, executed the instrument.
WITNESS my hand and official seal.
0
IGNATURE OF NOTARV
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL �p
❑ CORPORATE OFFICER
I�iLo-2�G� # 97— !//
nr�e�s� ITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBEF OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: �M� /� � I ��y
� DATE�DOCUMENT
SIGNEH IS REPRESENTING:
NAMEOFPERSON(S)OREMITVQES) • n �/ �C'/t�
�`�
�G•e'LCl�[.csy SIGNER(S)OTHER THAN NAMED A OVE
�
�1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box�184•Canoga Park,CA 91309-71 B4
. � �.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
� - . - - - -: -�.r-,�c=. - ..�=r-�r.cr.ee�r���;
`� State of �o,����O R.hi o�.i 1 5 3 4 �
�_ Counry of SQr� ���t) ���
� Onl'�l'RiL �I . �Q�g beforeme, E�;2nlp2-�j F• DPnY1 y�OtqR�f �pa��L'S� 5,'
I ate 7� Name antl Title oi Ofl�er(e.q.,"Jane�,Notary PuDlic �
personally appeared �41'�Q� L. i.�OlaQ.fZ$05� , �
Name(s)of Signer(s) �
�personally known to me �
_, proved to me on the basis of satisfactory evidence �
� �
' to be the person(sj'whose name(aj'is/acesubscribed to the �
' within instrument and acknowledged to me that he/cJae/�key. �,
� executed the same in hislper�ek authorized capacity(ies), �
and that by his/Fwrf#ieir signature(p}on the instrument the �
person(,dj, or the entity upon behalf of which the person(sj
��. p.¢AffMp.pFqN acted, executed the instrument. �?,
Cmvrtslon i1093980 K
�} y ��� � WITNESS my hand and official seal. �?
hN C«rnn F�tres Apr 7200D h
• ignature o�Nolary Public .�
��r
OPTIONAL �
Though the inlormation below is no(required by law, it may prove valuab7e to persons retying on the document and could prevent �
lraudufent remova!and reattachment oi this lorm to another document.
Description of Attached Document �
Title or Type of Document:
Document Date: Number of Pages: �
Signer(s) Other Than Named Above: i
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual ;
❑ Corporate Officer 7 Corporete Officer �
Title(s): Title(s):
❑ Partner—C Limited ❑ General ❑ Partner—i7 Limited ❑ General �
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
G Guardian or Conservator . ❑ Guardian or Conservator .
[� QtheC Top of tnumb here [ �thef: Too of thumb here
Signer Is Representing: Signer Is Representing:
�
O 1996 National Noiary Assxiation•B236 Remmet Ave.,P.O.Box]184•Caraya Park,CA 91309-]18A ProJ.No.590] Reortlec Call Toll-Free FBOPB�&682]
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EXHIBIT ADRC-A
REAL PROPERTY DESCRIPTION 1535
(For EEM projects involving acquisition of real properry, or rights thereto, insen the legal
description of the property to be purchased as presented to the CTC prior the project
allocation vote)
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97-I11
' O�der No: 7829576 -POl��� �'rr�
� DESCRIPTION
1536
PAP.CE:, 1 :
TiiFT POP.TION OF TI�B SOUTHiAST QUFu2TEcZ OF THE NORTHWEST QUP._?TER AND TF_E SOUT?IWEST
QU?.�2TER OF THE NOF.THEAST QUARTER OF' SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 W:ST,
SAN BEi2NARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE O^ CALIFORNZA,
ACCDi2DING TO TH: OFFICIAL PLAT T$EREOF DESCRIBED AS FOLLOWS :
BEGINNING AT TH? NORTHWcST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE NORTH LINE THER�OF NORTH 86° 41' 40" EAST 510 . 89 PEE? TO
POZN: "A" OF THIS DESCRIPTION; THENCE SOUTH 0° 11' 28" EAST 111.65 FEET; THENCE
SOUTH 41° 12' 30" WEST 403 .96 FEET; TH'nNCE SOUTA 19° 16' S0" WEST 199.18 FEET;
THENCE SOUTH 53° O8' 40" WEST 288 .46 FSET TO A POZNT ON A 1030.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY IN THE NORTHEASTERLY LINE OF THAT 60. 00 FOOT COUNTY
ROAD KNOWN AS ESPOLA ROAD AND ALSO KNOWN AS ROAD SURVEY NO. 335, THE RADIUS OF
SAID CUAVE BEARING NORTH 55° 21' 45" EAST TO SAID POINT, BEZNG TAz TRUE POINT OF
BEGINNING; THENCE RETRACI*?G 4 COURSES TO SAID POINT "A"; THENCE ALONG THE NORTH
LINE OF SAID SOUTHWEST Qli�RTER OF THE NORTHEAST QUARTER OF SECTZON 30, NORTH 86°
41' 40" EAST 90. 00 FEET TO THE EAST LINE OF THE WEST 600.00 FEET OF THE EAST HI�LF
OF SECTION 30; TEENCE ALONG SAID EAST LINE SOUTH 0° 11' 28" EFST 964. 11 FEET TO
THE SOUTHEAST CORNER OF L.nND DESCAIBED IN PARCEL 1 0. DEED TO TITLE INSURADICE PNil
TRUST COMPFINY, RECORDED AIIGUST 21, 1964 AS FILE NO. 152559 OF OFFICIAL RECORDS;
THENCE AI,ONG THE SOUTA LZNE OF PARCELS 1 AND 2 DESCRZBED IN SAID DEED SOUTH 85°
58' W£ST 390.36 s?ET AND NORTH 88° 24' 30" WEST 198 .09 FEET TO A POINT ON SAID
1030.00 FOOT R.ADIUS CIIR�B IN 2^-IB NORTHEASTERLY LINE OF ESPOLA ROAD, THE RADIUS OF
SAZD CURVE BEARING NORTf? 77° 09' 45" EAST TO SAZD POZNT; THc.NC� NORTAWESTERLY
F�T.ONG SAID CURVE 212 . 14 FEET THROUGH AN ANGLE OF 11° 48' TO TEE TRUE POINT OF
BEGINNING.
PARCEL 2 :
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; AND TN_E SOUTHWEST
QUARTER OF THE NORTIiEAST QUARTER OF SECTION 3�, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MBRIDIAN, IN THE COUNTY OF SAN DIEGO, STAT£ OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE NORTH LINE THEREOF NORTH 86° 41' 40" EAST 510 .69 FEET;
THENCE SOUTH 0° 11' 28" EAST 115.65 FEET; TI-IENCE SOUTH 41° 12' 30" WEST 403 . 96
FEET; THENCE SOUTH 19° 16' S0" WEST 199.18 FEET; THENCE SOUTH 53° 08' 40" WEST
288.48 FEET TO A POINT ON A 1030 . 00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN
THE NORTHEASTERLY LINE Or THAT 60 .00 FOOT COUNTY R0.4D KNOWN AS ESPOLA ROAD AND
ALSO KNOWN AS ROAD SURVEY NO. 335, TN_E RADIUS OF SAID CUR� BEARING NORTH 65° 21'
45" EAST TO SAID POZNT; THENCE NORTHWESTERLY ALONG SAZD CURVE 517.37 FEET THROUGH
AN ANGL£ OF 28° 46' 48" TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO
LAURIE S. STAUDE, RECORDED OCTOBER 18, 1967 AS FZLE NO. 161573 OF OFFICIAL
RECORDS; THENCE ALONG TH3 SOUTHWEST LINE OF SAZ➢ LAND NORTH 50° 37' 20" EAST
484.92 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 30; TAENCE NORTH D° 11' 28" WEST 45 .50 FEET TO THE POINT OF BEGINNING.
o¢cxso-iz/wro��n
. • • - "r, ,�,,
1537
EXHIBIT ADRC-B
DESCRIPTION OF RELATED TRANSPORTATION FACILITIES
(For EEM projects involving acquisirion of real property, or rights thereto, insen the
descriptian of the related transportarion facility consistent with the project applicatian)
Espola Road and Old Coach Road widening of Espola Road between Cloudcroft Drive
and County Day Road
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Recording requested by and
when recorded mail to: Z 5 3 8
Don Pope
State of Califomia
Department of Transportation,District 11
Office of Local Assistance
2829 Juan St.
San Diego, CA 92110
Notice of Revocation of Restrictive Covenants
EEM Project Number 97-111
NOTICE IS HEREBY GIVEN, that the undersigned revokes ceRain Agreement Declaring Restrictive
Covenants to the property described therein, caused to be recorded on , 199 _, in
Book , Page , of the Official Records of County,
State of California, and any amendments thereto, caused to be recorded 199 , in
Book , Page , of the Official Records of County,
State of Califomia.
IN WTTNESS WHEREOF, the parties hereby execute this AGREEMENT by their duly authorized
officers as of the date set forth above and agree to be bound hereby:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
State Representative Name Applicant Representative Name
Title Tifle
Address
City, State, ZIP
7
vuros
97-lll