Covenant Regarding Real Property 1996-0010405
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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o~~ # 1996-0010405
-JAN-1996 10:49 AM
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COVENANT REGARDING REAL PROPERTY
Edward G. Draper and Karen D. Draper ("OWNERs" hereinafter) is the owner of real property
described In Exhibit A which Is attached hereto and made a part hereof and which is commonly known as
Assessor's Parcel Number 321-110-24 ("PROPERTY" hereinafter). In consideration of the approval of Minor
Development Review 94-27 by the City of poway C'CITY" hereinafter), OWNERs hereby agree to abide by
the following cond~lons of approval:
The subject waiver shall not apply to service to a home or guest house. The new lines
between the home and the nearest power pole must be underground. The closest pole to
the structure must be at least 40 feet away. The owners of the property agree not to
oppose a future undergroundlng district, should one be formed, and further agree to pay
a proprata share of future undergroundlng costs.
This Covenant shall run with the land and be binding upon and inure to the benef~ of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Minor Development Review 94-27 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If e~her party Is required to incur costs 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. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
17.--u,-9~
Dated:
r2./'J..~/95
. .
Dated: /:2-/"1- '7..s-
?:rl IJ ~ IJ~
Edward G. Draper,
O~:~7Jl4w
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OWNER (Notarize)
CITY OF POWAY
By: ;'i)L ZiT - t1f.J.AJJ--tf1.
213v
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LEGAL DESCRIPTION
The Northeast Quarter of the Southeast Quarter; EXCEPTING the South 10 acres
thereof, and the Southeast Quarter of the Northeast Quarter of Section 4,
Township 14 South. Range 1 West. San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California. according to Official Plat thereof.
EXCEPTING that portion lying Northerly of a line described as follows:
Commencing at the Southeast corner of Lot 1 of said Section 4; thence South
1011'19" East along the Easterly line of said Section 4, a distance of 80.00 feet
to the Northeast corner of land described in deed to Lillie \,T. Byers and Edith
W. Bradshaw, recorded June 14, 1954 in Book 5269, Page 170 of Official Records,
being the TRUE POINT OF BEGINNING; thence North 88023'30" West along the
Northerly line of said land. 473.74 feet to the center line of the Poway or Mt.
Woodson Road (County Road 0-9-11), as said road existed and was located on
April 10. 1945. being also the Northeast corner of land described in deed to
Lillie W. Byers and Edith 1,T. Bradshat;, recorded June 14. 1954 in Book 5269, Page
172 of Official Records; thence continuing North 88023'30" West along the
Northerly line of said land. 2138.31 feet to the Westerly line of said Southwest
Quarter of the Northeast Quarter, distant thereon 40.00 feet Southerly from the
Southwest corner of Lot 2 in said Section 4.
EXHIBIT A
213.1
CALlFOR~IA ALL.PURPOSI: ACKNOWLEDGMENT
State of
CALIFORNIA
SAN DIEGO
Date
before me, KATHLF.EN r. CRF.Jl/SHAW, N()'T'AI>V PfIlU J:C
Name and Title of Officer (e~9., "Jane Doe, Notary Public")
personally appeared EDWARD G. DRAPER and KAREN D. DRAPER
Name(s) of Signer(s)
l2(J personally known to me - OR 0 ~rsvea ts A'1S SA tRS easis sf satistasterr sviaen09 to be the person(s)
whose name(s) ~are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in ~/their authorized capacity(ies), and that by
l1isfttef/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
l@ "_L .......1
'^"""" 11029974
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J~E 15. 1991) ~
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
COVENANT REGARDING REAL PROPERTY
Title or Type of Document:
Document Date:
DEC. 1995
Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: EDWARD G _ DRAPF.R
Signer's Name: KAREN D DRllPER
KI Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
~ Individual
o Corporate Officer
Tille(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
SELF
SELF
01994 National Notary Association. 8236 RemmetAve., P.O. Box 7184. Canoga Pari<., CA 91309-7184
Prod. No. 5907
Reorder; Call Toll-Free 1-800-876-6827