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Covenant Regarding Real Property 2020-0556096RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2020-0556096 I111111IIIIII1III111111111 IIII11111II1 III111111111111111111111111 Sep 21, 2020 03:38 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 4 APN: 321-012-41 COVENANT REGARDING REAL PROPERTY Scott Smith, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 15350 Via Molinero ("PROPERTY" hereinafter) and more particularly described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of Underground Waiver (UW) 20-001, 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 that includes PROPERTY and to pay a pro rata share of future undergrounding costs that includes PROPERTY. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, hefts, 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. OWNERS: Dated: 7/2 `3 ! 2 o By: CITY OF POWAY: Dated: 7// & ZD Scott Smith (Notarize) (signatures must be notarized) By. bert J. Ma s Director of Development Se ices EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 3 OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE WEST LINE OF SAID LOT 3, SOUTH 00° 46' 41" EAST, 270.99 FEET; THENCE EAST ALONG THE SOUTHERLY LINE OF PROPERTY DESCRIBED IN DEED RECORDED MAY 27, 1955 IN BOOK 5658 PAGE(S) 595 OF OFFICIAL RECORDS, 320 FEET TO AN ANGLE POINT IN SAID SOUTH LINE; THENCE NORTH 00° 46' 41" WEST, 271.50 FEET ALONG SAID NORTH LINE OF LOT 3, 320 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 !'.c-��,�<�.c:�,��C�:A:c'>�Cu�,cF.c�A-.�P;FY`�,c:rcA',�'.c�,s:C.�ft';Y`,c^!•,c:C�.e�Cu�l'.c><`T�(rc��`.c:C",c:E>�,s�l�,chk�-,�-F,c:A:c�;�,zsY�.c:f".c�rc:� 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 On J (ALU A) . 0./0 o before me, Yvonne Mannion Notary Public Date personally appeared Robert J. Manis Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public -California San Diego County :. • ,. Commission = 2201766 r My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL vOrlAL r iicon_rk Signature of Notary Public 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: Covenant Regarding Real Property (UW20-001) Document Date: 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): ❑ Partner — ❑ Limited D General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee ❑ Guardian or Conservator 0 Other: 0 Other: 0 Corporate Officer — Title(s): Signer Is Representing: Signer Is Representing: •-Gc-�ci.ZELz��c� V ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .�.�c;c=:t�,c,erc=�,�-�,�:rc:C,-.�,�rcrr<�-.s-�;crcrc�,�-t,�=rcn,��,ct�.�ct�;�,c:rc:�,�o,�r,�=,c,�r�:n,��,erc,c�.�,�ex�.�¢�;r•,crc� 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 Owe 'k/ leg 0 On 30 Ly "5/ -62;° /Date / personally appeared C..v 1-}4t�— U✓�i2�, ( 5 yV�\,'�i%� Name(s) of Signer(s) before me, 1 1( Notary Public, Here Insert Name and Title of the Officer 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KEVIN SCOTT MILLER Notary Public - California San Diego County Commission A 2251032 My Comm, Expires Aug 22, 2022 Place Notary Seal Above WITNESS my hand Signature19/ d official seal. 0 01/,(14 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: Document Date: 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ❑ Corporate Officer — Title(s): 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907