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Real Property Covenant Running with Land (Notice of Restriction) 2000-0585258CITY 3804 DOC g 2000-O.hH.hV.hH OCT 30, 2000 12:36 City Clerk CityofPowayI lllll[ Illlll[|ll Poway, 000-0585258 No Transfer Tax Due (IFFICIi%I. ~ ~ I~IEGO ~ ~'8 OFFICE filEISRY 3. SMITH, Ill ~ ~ PERTY COVENANT This Real Property C "Poway") and Barratt American ] ~ into by and between the City of Poway (hereafter (hereafter "Owner"). WHEREAS, F the "Benefitted Property"); and property described in Exhibit "A" (hereafter, WHEREAS, Owner owns property described in Exhibit "B" (hereafter the "Burdened Property"); and lition of approval of Development Review 99-16, Owner is required to i maintain a fire break between the Benefitted Property and the Burdened Property; and WHEREAS, Owner wise t for the I: t the Burdened Property; and the Benefitted Property a fire break WHEREAS, Poway will allow th of payment of mitigation by Owner and Owner' the fire break ' tthe fire break for receipt for itself and' Now, parties agree as follows: 1. Owner t agrees on behalf of itself and in interest (the "Covenant") t the Benefitted Property a fire break according to the specifications of Poway. At all ' twenty (20) days of demand by Poway, said fire break shall b i by Owner and ' If the fire break ' after such demand, Poway may cause such be performed, bill the record owner of the Burdened Property the cost thereof, and if such bill is not paid within thirty (30) days, cause the same to be placed upon the real property tax bills of the Burdened Property. 3805 2. 1~ purpose. 3. TIn' Executed this Owner and he rigE C the Benefitted for the benefit of the Benefitted Property and shall be bind' t the land. 18th day of August .2000. OWNER OF ]] EASEMENT: CITY OF POWAY OWNER OF B BARRATT AM Byff~ Title: Vice 3 06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF C ] ] $$. COUNTY OF SAN DIEGO ] On August 18, 2000, before me Notary Public, personally appeared personally known to me to be the person whose name is subscribed to the witlY ] acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the the person or the entity upon behalf of which the person acted, executed th WITNESS my hand and official seal. Though the data I: tuired by law, it may 1: 9le to persons relying on the d 1 could 1: ~ unent of this form. x TITLE 1.04.120 OTHER: SIGNER IS REPRESENTING: [] LIMITED 2 GENERAL 08/18/00 3807 EXHIBIT IA' A PORTION OF LOTS 3 AND 4 OF SECTION 4, 14 SOUTH, RANGE 1 WEST, SAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF LOT, AT THE CORNER OF SAID LOT 4; THENCE ALONG THE WITH FEET; ALONG A STRAIGHT LINE TO A POINT ON THE LINE OF SAID LOT 4, WHICH IS DISTANT THEREON, 600.00 FEET EASTERLY FROM THE CORNER OF SAID LOT 4; THENCE PARCEL 'A' AT THE CORNER OF LOT 8 OF MAP 13873, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO STATE OF FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO COUNTY, 3, 1999 AS FILE NO. OF OFFICIAL RECORDS; THENCE SOUTH 39°05'27~ EAST 160.25 FEET; THENCE SOUTH 50°54'33" WEST 128.31 FEET, TO 13873, SAID POINT ALSO BEING LOT 4 10,281 SQ ~ PARCEL 'B' AT THE CORNER OF LOT 8 OF MAP 13873, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO STATE OF FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO COUNTY, 3, 1999 AS FILE NO. OF OFFICIAL RECORDS; LOT 8, SAID PREVIOUS LAND AS SOUTH 89°11'35~ FEET; THENCE LEAVING SAID SOUTH 50°54'33~' WEST 191.67 FEET; THENCE NORTH 39°05'2T' 15,357 SQ ' 12/01/99 ROAD V/C/NITY MAJ~ NO $CAL£ LOT '12 ~.~.~ T LoT MAP/t-J~873 / PDR, LOT 8 POB 2 ~N SEC, lo,el ~.~. LOT D TI4S 400 0 400 SCALE: 1"=400' 3 N00'2~20'W 205.2g" 24 . 16 2 ' 50'54" 12 .3 § 19.6 L6 ~19.98' LOT 4, SEC. 4, 'r14s, R1W -~ EASEMENT I EXHIBIT B I SHEET 1 OF1