Covenant Regarding Real Property 2017-0370778RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
APN: 278-181-18
DOC# 2017-0370778
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Aug 15, 2017 02:44 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27.00
for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 5
Strata Development, LLC, a Delaware limited liability company, ("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 14935 Gavan Vista Road ("PROPERTY"
hereinafter). In consideration of the approval of Underground Waiver (UW) 17-003, 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: Strata Development, LLC, a Delaware limited liability company
Dated: " to 2bl7
By.
-/Frederick D. Lawrence
Managing Partner
(signatures must be nota
CITY OF POWAY:
Dated: 6 Vy/% By:
ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer Competing this Certificate verifies only
the identity of the individual who signed the document to wNch this
certificate is attached, and not the truthfulness, a=racy or validity of
that d=rnent
State of California )SS
County of 15yit'1 hQD )SS
On AC]11A+ lf), 2011 before me, *I&i 5. Pe-tior-tnU 4 �bi-Ofu-PU61iC
(here insert narrYe and title of the offic r)
personally appeared, Pedec'tck D La wrenc.2
who proved to me on the basis of satisfactory evidence to be the personN whose name•(
is/are subscribed to the within instrument and acknowledged to me that he/'std/they executed
the same in his/her(their authorized capacity(res), and that by hisnw/their signature('s,;t on the
instrument the personN, or the entity upon behalf of which the personN acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing is true and correct.
WITNESS my hand and official seal
Signaturp'— 'a
19VICKI S. PELLEGRINI
�° y Coxu.t 2098690 r^
N Q NOTARY PUBLIC CALIFORNIA N
SAN Duo COu NI/
`•�..." MY Comm. En. FEB. 1, 1019
(SEAL)
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PARCEL 4 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 4510 IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 27, 1976,
IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION
OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 32,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
OFFICIAL PLAT THEREOF.
PARCEL B
THAT PORTION OF THE SOUTHERLY 635.48 FEET OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, DISTANT THEREON SOUTH 2'31'37" WEST 7.00 FEET
FROM THE SOUTHEAST CORNER OF PARCEL 4 AS SHOWN ON PARCEL MAP NO. 4510;
THENCE WESTERLY, PARALLEL WITH THE SOUTHERLY LINE THEREOF NORTH 89'41'40"
WEST A DISTANCE OF 521.47 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID PARCEL 4; THENCE NORTHERLY ALONG SAID SOUTHERLY PROLONGATION
NORTH 0'36'48" EAST A DISTANCE OF 7.00 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL4.
PARCEL C
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS
THOSE PORTIONS OF PARCEL MAP NO. 4510, AS FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 27, 1976, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 32 TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, DELINEATED AND
DESIGNATED "PROPOSED 40.00 AND 30.00 FOOT EASEMENTS".
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL 1 ABOVE DESCRIBED
mmol:ww
EASEMENTS FOR ROAD PURPOSES 30.00 FEET IN WIDTH KNOWN AS EASTVALE ROAD AND
AS KINGSMAN ROAD AS SHOWN ON SAID PARCEL MAP NO. 4510, AS FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 27, 1976.
PARCEL E:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER THOSE PORTIONS
OF LOTS 3 AND 4, IN SECTION 5 AND LOTS 1, 2 AND 3 IN SECTION 6, ALL IN TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT
THEREOF AND OVER THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, LYING WITHIN A STRIP OF LAND 40.00 FEET IN WIDTH, THE CENTER LINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE
ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 32, SOUTH 89'41'40" EAST A DISTANCE OF
203.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22'40'50" WEST, 334.94
FEET; THENCE SOUTH 20°40'50" WEST 95.61 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY; HAVING A RADIUS OF 900.00 FEET; THENCE ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 21049'00" A DISTANCE OF 342.70 FEET; THENCE
SOUTH 1 °8'10" EAST, 121.10 FEET; THENCE SOUTH 5°31'40" WEST, 486.17 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°54'50" A
DISTANCE OF 156.30 FEET; THENCE SOUTH 12°23'00" EAST, 43.75 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°07'40" A
DISTANCE OF 123.29 FEET; THENCE SOUTH 1044'40" WEST, 346.54 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 85.40 FEET;
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 81 21'20" A DISTANCE OF 121.26 FEET TO THE BEGINNING
OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
20057'00" A DISTANCE OF 73.13 FEET; THENCE SOUTH 62`09'00" WEST, 79.10 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 300.00
FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 38°23'10" A DISTANCE OF 200.99 FEET; THENCE NORTH 79°27'50" WEST, 279.37 FEET,
MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 IN SECTION 5, SAID
POINT BEING THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND, DESCRIBED IN
DEED TO PAULINE A. POLEN, BY DEED RECORDED SEPTEMBER 7, 1955 IN BOOK 5783 PAGE
296, OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID POLEN'S LAND,
NORTH 79027'50" WEST, 134.51 FEET, MORE OR LESS, TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 74059'20" WEST, 326.48 FEET;
THENCE NORTH 69059'40" WEST, 157.95 FEET; THENCE NORTH 62°48'20" WEST, 134.51 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 70.00 FEET; THENCE WESTERLY SOUTHEASTERLY AND SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 121053'00" A DISTANCE
OF 148.91 FEET; THENCE SOUTH 4°36'20" EAST, 133.76 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00
FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 46056'50" A DISTANCE OF 98.33 FEET TO THE BEGINNING
OF A COMPOUND CURVE HAVING A RADIUS OF 134.56 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24018'00" A DISTANCE OF
57.07 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY, HAVING A
RADIUS OF 333.87 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 22°36'20" A DISTANCE OF 131.73 FEET; THENCE SOUTH 89°14'50" WEST,
63.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 150.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 60055'00" A DISTANCE OF 159.48 FEET;
THENCE NORTH 29050'10" WEST, 150.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE LEFT CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26`03'20" A DISTANCE OF 90.95 FEET; THENCE NORTH 55°53'30" WEST, 57.96 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 505.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
25049'30" A DISTANCE OF 227.62 FEET; THENCE NORTH 30°04'00" WEST, 68.82 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 595.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 34°00'30", A DISTANCE OF 353.17 FEET THENCE NORTH
6404'30" WEST, 95.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 543.49 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°0500", A DISTANCE OF
190.50 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 42056'40", A DISTANCE OF 224.86 FEET; THENCE SOUTH
52°53'50" WEST, 59.61 FEET; THENCE SOUTH 4738'30" WEST, 145.00 FEET; THENCE SOUTH
51°47'40" WEST, 261.48 FEET; THENCE SOUTH 48°47'40" WEST, 118.06 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 450.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22042'40", A DISTANCE OF 178.37 FEET; THENCE SOUTH
26`05'00" WEST, 123.85 FEET TO ENGINEER'S STATION 414 PLUS 63.76 IN THE CENTER LINE
OF THE SAN DIEGO AQUEDUCT; THENCE SOUTH 55059'20" WEST, 176.88 FEET; THENCE
SOUTH 76043'20" WEST, 376.76 FEET; THENCE SOUTH 53'13'20" WEST, 345.75 FEET; THENCE
SOUTH 81'37'50" WEST, 507.74 FEET; THENCE SOUTH 18°26'50" WEST, 161.56 FEET TO ITS
INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 335, AS CONVEYED
TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JUNE 9, 1937 IN BOOK 657, PAGE 22,
OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE
BOUNDARIES OF COUNTY ROAD SURVEY NO. 335.
APN: 278-181-18