Covenant Regarding Real Property 2000-01275922000-012 b%
~UEST BY:
TO:
CiTY CLERK
No Transfer Tax Due
1842
.00
2000- 7 92
COVENANT REGARDING REAL PROPERTY
Cimle K Corporation, PROPERTY OWNER ("OWNER" hereinafter) is th :
real property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 317-151-55 ("PROPERTY"
hereinafter). In consideration of the approval of Minor Development Review 2000-02, by
the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by attached
condition (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit
of the future owners, encumbrancers, heirs, personal representatives,
:1 assigns of the respective parties.
In the event that Minor Development Review Application 2000-02 expires or is
rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant
from the record title of the PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
Dated:
CITY OF POWAY
Niall Fritz, Director of D~velopment Services
"EXHIBIT A"
18 3
Store No. 2966
12906 Pomerado Road
City of Poway, CA 92064
APN: 317-151-55
That portion of the Southwest Quarter of Section 14, Township 14 South, Range 2 West,
San Bernardino Meridian, in the City of Poway, County of San Diego, State of California,
according to Official Plat thereof, described as follows:
Beginning at the Northeasterly corner of Record of Survey Map No. 3525, filed in the Office
of the County Recorder of San Diego County, being the Northeasterly corner of the land
described in Deed to Poway Municipal Water District, recorded September 29, 1954, as
File/Page No. 129759 of Official Records; thence along the East line of said land South
00£42'31" West 92.80 feet to the True Point of Beginning; thence North 85E 24'31" East
to the East line of the Southwest Quarter of the Southwest Quarter of Section 14; thence
Southerly along said East line to the center line of the 40.00 foot right of way described in
Deed to the County of San Diego, recorded in Book 338, Page 87 of Deeds; thence South
85£24'31" West along said center line to the Southerly prolongation of the East line of said
Poway Municipal Water District land; thence along said prolongation and the East line
thereof, North 00E42'31" East (record North 00£43'00" East) to the True Point of
Beginning.
Excepting therefrom that portion lying Westerly of a line which bears South 00E42'31" West
from a point on the Northerly line of said land distant thereon North 85£24'31" East, 300.00
feet from the Northwesterly corner of said land.
1844
"EXHIBIT B"
The property owner shall relinquish access rights to Pomerado Road from the driveway
located closest to Oak Knoll Road. The driveway will remain until such time as the City
d' that the removal of the driveway is in the interest of public safety. The closure,
subject to City approval, shall include the removal of the curbcut and replacement of the
sidewalk and shall be accomplished at th 3ense.
State of California
County of
personally appeared
before me,
y known to me - OR-
---1
~JES CA W_ETSEL
0, 1187620
SS.
(NOTARY)
SIGNER(S)
ePvrOVed to me on the basis of
idence to be the person.(.s-) whose namc~s)
is/am subscribed to the within '
acknowledged to me that hedsheP, hey executed
the same in his/herPt'heir authorized
capacity(i.e.), and that by his/la~r4t-heir
signatured~) on the ' the persorff'x),
or the entity upon behalf of which the
person/e~ acted, executed the '
WITNESS my hand and official seal.
OPTIONAL INFORb~'~ON
by law.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
OTHER:
SIGNER IS
OTHER
APA 1~4