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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. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. F-1Otherthe capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.