Covenant Regarding Real Property 2017-02506504
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 317-200-26-00
DOC# 2017-0250650
1111111 VIII VIII VIII IIII 111111 VIII VIII (IIII VIII VIII VIII IIII IIII
Jun 05, 2017 12:19 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $24.00
for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES 4
Donald L. Knox and Katherine J. Knox, trustees of the DKK Family Trust, dated March
21, 2004, ("OWNER" hereinafter), are the owner of real property described in Exhibit A, which
is attached hereto and made a part hereof, and which is commonly known as 12251 Sunwood
Trail ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver
(UW) 16-002, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit
of the CITY, not to oppose a future private or public utilities undergrounding district and to pay
a pro rata share of future undergrounding costs.
This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
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.
OWNER: D K K Family Trust 03-21-04
Dated: '5� —'25-- 020/7
CITY OF POWAY:
By: S.-II-4ij
Donald L. Knox, Co -Trust e
By: %�. , ) C
Katherine J. Kn , Co -Trustee
(signatures must be notari7Pdl
Dated: 411611 ? By:
Director of Development Services
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1:
A PORTION OF PARCEL "A" OF PARCEL MAP 13724, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MARCH 21, 1985 OF OFFICIAL RECORDS, TOGETHER WITH THOSE
PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, IN TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", PARCEL MAP 13724; THENCE
SOUTH 500 35' 03" EAST, 123.04 FEET; THENCE SOUTH 43° 22' 03" EAST, 45.19 FEET; THENCE
SOUTH 200 00'32" EAST, 99.46 FEET, THENCE SOUTH 24° 16' 33" EAST, 189.76 FEET; THENCE
SOUTH 540 30'41" EAST, 70.16 FEET; THENCE SOUTH 35° 13'36" EAST, 261.00 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL "A", PARCEL MAP NO. 13724; THENCE SOUTH 87142'
51" EAST, 169.32 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A'; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL "A", NORTH 35° 21'30" WEST, 711.01 FEET TO AN
ANGLE POINT THEREIN; THENCE NORTH 350 27' 34" WEST, 37.69 FEET TO THE NORTHEAST
CORNER THEREOF; THENCE NORTH 811 22' 54" WEST, 183.75 FEET TO THE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL "A" IN A CERTIFICATE OF COMPLIANCE
BOUNDARY ADJUSTMENT NO. 88-04 RECORDED ON JUNE 30, 1989 AS INSTRUMENT NO. 89-
349619 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES AND
APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET
IN WIDTH, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER
11, 1879, THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF RECORD OF SURVEY MAP NO.
3621, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17,
1955 WITH THE NORTHWESTERLY LINE OF COUNTY HIGHWAY COMMISSION MISSION ROAD
i -A (40.00 FEET WIDE) AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 3621; THENCE
ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP NO. 3621, NORTH 870 42' 10"
WEST TO THE SOUTHWESTERLY CORNER OF SAID SURVEY; THENCE WESTERLY IN A
STRAIGHT LINE TO THE MOST EASTERLY CORNER OF RECORD OF SURVEY MAP NO. 3089,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 2, 1953;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP NO. 3089
TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 23. THE SOUTHERLY
LINE OF SAID STRIP TO BE PROLONGED OR SHORTENED SO AS TO BEGIN IN THE
EXHIBIT A (Continued)
NORTHWESTERLY LINE OF SAID MISSION ROAD 1-A AND END IN THE WESTERLY LINE OF
SAID SECTION 23.
APN: 317-200-26-00
CALIFORNIA ALL® PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 of5ao, Pi ew c2
On before me, 2a G and q �dGna dlNola/ /IA/�I/ G
( ere inseam an U e o t ou[cer�
personally appearedkoge'rly)(A J4Ap K ay aAd (oriald 1Ioyd Knd x ,
who proved to me on the basis of satisfactory evidence to be the person sewhose
nameo is,( to the within instrument and acknowledged to me that
_Osubscribed
he/sheAVTD executed the same in his/heiijel uthorized capacity es and that by
his/her D signature&s, on the instrument the persores , or the entity upon behalf of
which the person(Bacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
r,�.,:�;:. RICHARD MALDOIYADI)
WITNESS my hand and official seal. ' COMM02120466
NOTMyRiii•MIFONNN
y
SAN Dl COUNTY
canrr"M EON J* 23, 2019
I
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
Thisfa'mcomplieswith Colifm'aiaslaattesiegardirgnotaryirw-dingmrd,
current
DESCRIPTION OF THE ATTACHED DOCUMENT ifrneeded,shouldbecompletedarodallachediolhedocumenl.Acbimvledg)iierus
from other states nray be completedfor documents being sent no that stare so long
as the wording does not require the Calif&nia notmy to violate California notmy
(nyenan '
nr�(, Imp.
(Title or description of attach ocumej) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
�Gn
C
1' • Date of notarization must be the date that the signer(s) personally appeared which
Title or Nescriplitono ttaehed document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages _ Document Dates i,lt-/ commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is/are) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s)
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible,
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
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❑ Trustee(s) acknowledgment is not misused or attached to a different document.
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F-1Otherthe
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