Covenant Regarding Real Property 2017-0196146RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 321-110-31
DOC# 2017-0196146
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllllllilllllllll
May 02, 2017 02:16 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $21.00
PAGES:3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Michael E. Firenze ("Owner" hereinafter), is the owner or authorized agent of real property
located at 15970 Misty Meadow Rd ("property" hereinafter) and more fully described in the legal
description attached hereto as Exhibit A and made a part hereof.
The property is located within the Very High Fire Hazard Area. As such, the development of a
residence on the property, pursuant to Minor Development Review Application 14-040 on file with the
City of Poway, requires the implementation of a landscape and irrigation plan designed in accordance
with the City of Poway Landscape and Irrigation Design Manual ("Manual" hereinafter).
In consideration of the approval of development on the property, the owner acknowledges and
agrees to maintain in perpetuity the improvements specified on the landscape and irrigation plan
(LP 15-015) on file with the City. Owner also acknowledges and agrees that proposed changes to the
improvements specified on the plan require City approval before they are made to ensure compliance
with the Manual. At the City's discretion, based on the extent/scope of any proposed change, the City
may require an amendment to the plan and the payment of plan review and inspection fees.
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. Accordingly, in the event that Owner sells the property, the responsibility for the
terms of this deed covenant shall be transfer to the new property owner.
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: 3 3 o i %
Dated: j t �-7
OWNER OR AUTHORIZED AGENT:
Michael E. Fire a (Notarize)
By: 10,411-1
o ert J. Manis, Director of pment Services
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 321-11031
Parcel 1:
The West 1045 feet of that portion of Lots 1 and 2 and the Southeast Quarter of the Northeast Quarter
and the Southwest Quarter of the Northeast Quarter of Section 4, Township 14 South, Range 1 West, San
Bernardino Meridian, in the County of San Diego, State of California, according to the official Plat Thereof,
described as follows:
Commencing at the Southeast Corner of Said Lot 1; thence South 01° 11' 19" East along the Easterly Line
of Said Section 4, a Distance of 80.00 Feet to the Northeast Comer of Land Described in Deed to Lillie W.
Byers and Edith W. Bradshaw, Recorded.June 14, 1954, in Book 5269, Page 170 of Official Records;
Thence North 88° 23' 30" West along the Northerly line of said Land 473.74 feet to the true point of
beginning, being a point on the center line of the poway or Mt. Woodson road -county road D-9-1- as said
road existed and was located on April 10, 1945, being also the North comer of Land described in deed to
Lillie W. Byers and Edith W. Bradshaw, recorded June 14, 1954, in book 5269, page 172 of official
records: thence continuing North 880 23' 30' West along the Northerly line of Said Land 2138.31 feet;
thence leaving said Northerly line, North 000 54'57" West, 450.14 Feet; Thence South 88° 23' 30' East,
1650.09 Feet; Thence South 010 03'11" East, 75.08 feet to a point herein designated as point "A'; thence
South 880 23'30" East, 589.46 Feet to the Center Line of the Aforementioned County Road D-9-1, Being
Also a Point in the Westerly Line of Land Conveyed to Ralph C. Walker by Deed Dated April 10, 1945 and
Recorded in Book 1869, Page 135 of Official Records; Thence along Said Westerly Line and along the
Center Line of Said County Road, South 01' 50'30" West, 208.29 feet to the beginning of a tangent
200.00 foot radius curve therein, Concave Westerly; thence Southerly along said curve through a central
angle of 440 24'00" a Distance of 154.98 Feet; Thence Tangent to Said Curve, South 46° 14'30" West,
37.67 feet to the true point of beginning.
Except therefrom the Westerly 485.00 feet
Parcel 2:
An easement and right of way for road and public utility purposes over, under, along and across a strip of
Land 60.00 feet in width lying within Lot 1 and the Southeast Quarter of the Northeast Quarter of Section
4, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to the official Plat Thereof, the Southerly Line of said 60.00 foot strip described as
follows:
Commencing at the Southeast Comer of Said Lot 1; thence South 01 ° 11' 19" East along the Easterly Line
of Said Section 4, a Distance of 80.00 Feet to the Northeast Corner of Land Described in Deed to Lillie W.
Byers and Edith W. Bradshaw, Recorded June 14, 1954, in Book 5269, Page 170 of Official Records;
Thence North 88° 23' 30 West along the Northerly Line of Said Land 473.74 Feet to the True Point of
Beginning, Being a Point on the Center Line of the Poway or Mt. Woodson Road -County Road D-9-1- as
Said Road Existed and Was Located on April 10, 1945, Being Also the Northeast Comer of Land
Described in Deed to Lillie W. Byers and Edith W. Bradshaw, Recorded June 14, 1954, in Book 5269,
Page 172 of Official Records; Thence Continuing North 88° 23'30" West along the Northerly line of said
Land to an intersection with the Easterly line of Parcel 1 above.
The Northerly sideline of said 60.00 foot strip to terminate in the Easterly line of Parcel 1 above and the
center line of Said County Road D-9-1.
• -NIA ALL-PURPOSE ACKNOWLEDGMENTe 1
A notary public or other officer completing this certificate verifies only 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 California
County of "-,a(\�D\E)� ci)
On 3 3 0/ before me,
personally appeared MC hl -3� �C ��reO
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
------------------
MONICA I. MARTINEZ
Commission M 2115984
Notary Public - California
San Olego County
Comm. Expires Jun 18, 2019+
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (o�,c
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: