Covenant Regarding Real Property 2018-0091743 DOC# 2018-0091743
1111111IIIIIIIIII((IIIIIII111111IIII11111IIIII1111111111IIIII10101
Mar 08, 2018 01:18 PM
RECORDING REQUESTED BY: OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
CITY OF POWAY SAN DIEGO COUNTY RECORDER
FEES: 5101.00 (SB2 Atkins: $75.00)
AND WHEN RECORDED MAIL TO:
PAGES: 5
CITY CLERK -
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
(This space for Recorder's Use)
APN: 314-220-58
COVENANT REGARDING PRIVATE ROAD MAINTENANCE AGREEMENT
Verden Lee Bettilyon and Tamyra Jill Bettilyon, trustees of the Verden Lee Bettilyon and
Tamyra Jill Bettilyon Joint Living Trust Dated April 22, 2011, ("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 13737 Temple Street ("PROPERTY" hereinafter).
By entering into this covenant, Owner hereby agrees to participate in, and not oppose, a
private maintenance agreement with their neighbors, and agrees to cooperate with neighbors
in future costs to construct, reconstruct, repair, and maintain the private road(s) used to access
their property as reasonable necessary to preserve the private road for normal access, ingress
and egress purposes.
This Covenant shall run with the land and be binding upon Owner, future owners,
encumbrances, successors, heirs, personal representatives, transferees, and assigns of the
respective parties, and is hereby expressly declared to be enforceable by the City of Poway.
IN WITNESS WHEREOF, the OWNER has executed this Covenant this 2nd day of March
2018.
OWNER: Verden Lee Bettilyon and Tamyra Jill Bettilyon Living Trust dated April 22, 2011
Dated: Z +/V r- , Z2:318 By: \,i-eJa..,- rLe een—
Verden Lee Betttiily6A, Co-Trustee
`By: / �1
Tamyra it ettilyon, Co-Trustee
(signatures must be notarized)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 San Diego
Onh olio(B' before me, Yvonne Mannion Notary Public
Date / Here Insert Name and Title of the Officer
personally appeared Item A Ltd RP.tt 17J4bf
Name(s) ofSigner(s)
a.rt.Cl aauLim E'i. Rett.;l.ycw-
who proved to me on the basis of satisfactory evidence to be the persons 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
YVONNEMANNION
Notary Publicmy
WITNESS hand and official seal.
• San DiegoCounty
j F Commission r 2201766 I'^ M,yComm.ExOhestun18,2021 Signature tel,{L•0 AAP-- 20.4%eoa)
Signature of Notary Public
Place Notary Seal Above
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: CoLertc 4- J a.;1)01.(7 Q qci 1{ esiatea19t
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Document Date: Ind►!In 1 elo t t •/ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General
0 Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator 0 Trustee ❑ Guardian or Conservator
❑Other: 0 Other:
Signer Is Representing: Signer Is Representing:
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CITY OF POWAY:
/ledi: 3
I /S77
Rob rt J. Maros ate
Date
Director of Development Services
Approved as to Form:
Office of the City Attorney
6111/k 3/MY
Alan Fenstermacher Date
City Attorney
EXHIBIT A
PARCEL 1:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879, LYING SOUTHERLY OF THE
EASTERLY PROLONGATION OF THE CENTERLINE OF TEMPLE STREET IN PIERMONT,
AS SAID STREET IS SHOWN ON MAP NO. 331, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO, MAY 27, 1887 AND LYING EASTERLY OF THE CENTERLINE
AND THE SOUTHERLY PROLONGATION, OF THE ALLEY ADJOINING SAID BLOCKS 11,
19 AND 20 OF SAID PIERMONT ON THE EAST AND LYING NORTHERLY OF A LINE,
568.17 FEET SOUTHERLY FROM THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 11 OF SAID PIERMONT.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF TEMPLE STREET AS
SHOWN ON PIERMONT, ACCORDING TO MAP THEREOF NO. 331, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 1887, WITH THE
SOUTHERLY PROLONGATION OF THE CENTER OF THE ALLEY ADJOINING BLOCK 11
OF SAID PIERMONT ON THE EAST; THENCE ALONG THE SOUTHERLY PROLONGATION
OF THE CENTERLINE OF SAID ALLEY SOUTH 00'21'00" EAST, 187.00 FEET; THENCE
SOUTH 89°45'00" EAST, 110.00 FEET; THENCE NORTH 00'22'00" WEST, 187.00 FEET TO
AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE CENTERLINE OF
SAID TEMPLE STREET; THENCE ALONG SAID PROLONGATION NORTH 89'45'00"
WEST, 110.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID TEMPLE STREET
WITH THE SOUTHERLY PROLONGATION OF THE CENTERLINE OF SAID ALLEY
ADJACENT EASTERLY TO SAID BLOCK 11, 19, 20 OF PIERMONT; THENCE ALONG THE
SOUTHERLY PROLONGATION OF THE CENTERLINE OF SAID ALLEY, SOUTH 00°22'00"
EAST, 187.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°45'00"
EAST. 260.00 FEET TO THE EASTERLY LINE OF SAID SECTION 12.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, UPON AND
ACROSS THE NORTHERLY 30 FEET OF THAT PORTION OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 12, 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, LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE CENTERLINE
OF TEMPLE STREET IN PIERMONT ADDITION, SAID STREET IS SHOWN ON MAP NO.
331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MAY 27, 1887
AND LYING EASTERLY OF THE CENTERLINE AND SOUTHERLY PROLONGATION
THEREOF OF THE ALLEY ADJOINING BLOCKS 11, 19 AND 20 OF SAID PIERMONT ON
THE EAST AND LYING NORTHERLY OF A LINE, 568.17 FEET SOUTHERLY FROM THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID BLOCK 11 OF SAID
PIERMONT.
EXCEPTING THEREFROM THAT PORTION OF PARCEL NO. 1 DESCRIBED ABOVE.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT DEED RECORDED JANUARY 3, 2013 AS INSTRUMENT NO.
13-4885 OF OFFICIAL RECORDS.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT DEED RECORDED JANUARY 28, 2013 AS INSTRUMENT NO.
13-57836 OF OFFICIAL RECORDS.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT DEED RECORDED JANUARY 3, 2013 AS INSTRUMENT NO.
13-4886 OF OFFICIAL RECORDS.
PARCEL 6:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT GRANT AND AGREEMENT RECORDED NOVEMBER 10, 2014
AS INSTRUMENT NO. 14-489987 OF OFFICIAL RECORDS.
PARCEL 7:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT GRANT DEED RECORDED AUGUST 20, 2014 AS
INSTRUMENT NO. 14-358559 OF OFFICIAL RECORDS.
PARCEL 8:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN EASEMENT GRANT DEED RECORDED OCTOBER 18, 2013 AS
INSTRUMENT NO. 13-626540 OF OFFICIAL RECORDS.
APN: 314-220-58