Covenant Regarding Real Property 2017-0112234RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 314-840-18
MORA 16.011
DOC# 2017-0112234
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Mario, 2017 0254 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEESS24.00
(This space for Recorders Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 4
Thomas Sparrvik Trust dated 1/25/2007 ("OWNER" hereinafter), is the owner of real property
commonly known as 13391 Del Poniente Road ("PROPERTY hereinafter) and more fully described in
the legal description attached hereto as Exhibit A and made a part hereof.
Pursuant to conditions of approval of Minor Development Review Application 16-011 and in
consideration of the approval of Building Permit 816-2129, a request to construct a single-family
home and an attached guest house at the above -referenced property by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to not oppose the granting of a public trail easement overlapping
a segment of Del Poniente Road through the Williams Ranch Subdivision to the satisfaction of the
City of Poway Director of Development Services.
This Covenant shall run with the land and be binding upon and inure to the benefit of future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that a Building Permit is never obtained to construct the proposed residence at the
request of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY
If either party is required to incur costs 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: 417
OWNER:
Thomas Sparrvik,
CITY OF POWAY
-I -va3
CALIFORNIA JURAT WITH AFFIANT STATEMENT
GOVERNMENT CODE § 8202
"See Attached Document (Notary to cross out lines 1-6 below)
0 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Document Signer No. 1 Signature of Document Signer No. 2 (f any)
A notary public or other officer completing this certificate verifies onty the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Cali is
County of
_ WONNE MARTINEZ
Notary Public - Calilornia
-u San Diego County i
z Commission # 2150645
My Comm. Expires Apr 26, 2020
Seal
Place Notary Seal Above
Subscribedandswam to (or affirmed) before me
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by Date Month Year
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(and (2) ),
me(s) of Signer(s)
proved to me on the b s o tisfa o evdence
to be the person who a pear efore me.
Signature
Notary Public
OPTIONAL
Though this section is optional, completing this information can deled
lteration of the document or
fraudulent reattac ent of t s to to uninten document.
Description of Attached D umentc .061 . �Qand ( t I `1
Title or Type of Document: 1 ro er `J Documenilte:
Number of Pages: _ Signer(s) Other Than ame e:
02014 National Notary Association • www.Nadona]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL l:
PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 08-01 AS EVIDENCED BY DOCUMENT
RECORDED SEPTEMBER 22, 2009 AS INSTRUMENT NO. 2009-0527124 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 8 OF CITY OF POWAY TRACT MAP NO. 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 14091, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 8, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT S; THENCE ALONG THE EASTERLY LINE
THEREOF, SOUTH 16044'00" WEST, 297.71 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 28°16'00"
WEST, 7.07 FEET; THENCE NORTH 16044'00" EAST, 29284 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID LOT 8, SAID NORTHERLY LINE BEING A 280 FOOT CURVE CONCAVE SOUTHERLY; THE CENTER OF
SAID CURVE BEARS NORTH 17042'40" EAST TO SAID POINT, THENCE EASTERLY ALONG SAID NORTHERLY
LINE THROUGH A CENTRAL. ANGLE OF 01001'24", A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A PORTION OF LOT 7 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14091, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000 OF OFFICIAL RECORDS, DESCRIBED
AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WESTERLY LINE
THEREOF, NORTH 16044'00" WEST, 15213 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 2V16'00"
EAST, 14.14 FEET, THENCE SOUTH 16044'00" WEST, 143.16 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID LOT 7; THENCE ALONG SAID SOUTHERLY LINE NORTH 67024'00" WEST 10.05 FEET TO THE POINT OF
BEGINNING. '
THE FOLLOWING RECITAL CONTAINED IN PATENT DEED RECORDED OCTOBER 26, 1938, IN BOOK 835.
PAGE 404 OF OFFICIAL RECORDS, WHICH RECITES IN PART AS FOLLOWS:
SUBJECT TO ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING AGRICULTURAL
MANUFACTURING OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIRS USED IN
CONNECTION WITH SUCH WATER RIGHTS.
PARCEL 2
AN EASEMENT AND RIGHT OF WAY FOR ROADWAY AND PUBLIC UTILITIES PURPOSES OVER, UNDER,
ALONG AND ACROSS ALL THAT PORTION OF LOT 2, SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, MORE SPECIFICALLY DESCRIBED AS A 60.00 FEET STRIP OF LAND LYING
EQUALLY 30.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE SOUTH 000 2S 18' EAST (RECORD -
SOUTH 000 01'00* EAST PER RECORD OF SURVEY 3612), ALONG THE EASTERLY LINE OF SAID SECTION 1,
1299 47 FEET TO A POINT ON THE ARC OF A 600.00 FEET RADIUS CURVE, A RADIAL FROM SAID POINT
BEARS NORTH 200 16 45" EAST; THENCE LEAVING SAID EASTERLY LINE, ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 080 31' 08" FOR AN ARC DISTANCE OF 89.21 FEET; THENCE NORTH 610 12'
E7 UTMIT A
(Coatlnoed)
07' WEST, 295.02 FEET TO THE BEGINNING OF A TANGENT 300.00 FEET RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27' 35,26",
FOR AN ARC DISTANCE OF 144.46 FEET; THENCE NORTH 88' 4T 33' WEST, 84117 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LOT 2 SAID POINT LYING NORTH 00' 18' 42' WEST, 238.08 FEED FROM THE
SOUTHEAST CORNER OF SAID LOT 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
88' 4733- WEST, SIDELINES BEING PROLONGED AND SHORTENED SO AS TO BEGIN AT SAID EASTERLY
LINE OF LOT 2, 267.09 FEET TO THE BEGINNING OF A TANGENT 260.00 FEET RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 83' 37 44', FOR AN ARC DISTANCE OF 29192 FEET; THENCE NORTH 05' 09' 49' WEST TO THE
BEGINNING OF A 500.00 FEET RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 450 13' 57' FOR AN ARC DISTANCE OF
394.73 FEET; THENCE NORTH 500 23' 46' WEST, 392.42 FEET TO THE BEGINNING OF A TANGENT 200.00 FEET
RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 39' OT 15' FOR AN ARC DISTANCE OF 136,56 FEET; THENCE
NORTH 89' 31'01' WEST, 230.58 FEET TO THE POINT OF TERMINUS ON THE WESTERLY LINE OF SAID LOT 2,
SAID POINT BEING LOCATED SOUTH 000 1 P55' EAST, 30.00 FEET FROM THE NORTHWEST CORNER OF SAID
LOT 2, SAID SIDELINES BEING PROLONGED AND SHORTENED SO AS TO TERMINATE AT SAID WESTERLY
LINE,
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, ROAD AND UTILITY PURPOSES, OVER, ALONG AND
ACROSS LOT A (DEL PONIENTE ROAD) OF SAID MAP NO, 14091. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, ON DECEMBER 5, 2000.
APN: 314-840-18-00