Loading...
Covenant Regarding Private Road Maintenance Agreement 2021-0351061RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2021-0351061 1111111111011111111111111111111111111111111111111111111111111 111 111 May 06, 2021 04:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 5 APN: 314-230-67 COVENANT REGARDING PRIVATE ROAD MAINTENANCE AGREEMENT Renald J. Puertollano and Patrice J. Puertollano, (hereinafter "Owner), is the owner of that certain real property commonly known as 13880 York Avenue, Poway, CA 92064 and more fully described as follows: THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 6028 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 9,1977 AS FILE NO. 77-227052 OF OFFICIAL RECORDS, TOGETHER WITH A PORTION OF THE LAND DESCRIBED IN A DEED TO AURORA J. PUERTOLLANO RECORDED FEBRUARY 9, 1996 AS FILE NO. 0067881 O.R., DESCRIBED AS FOLLOWS: AS PARCEL B IN CERTIFICATE OF COMPLIANCE, RECORDED SEPTEMBER 15, 2004 AS INSTRUMENT NO. 2004-0879407. COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAID CORNER BEARS SOUTH 00°07'02" WEST, 2,646.76 FEET FROM THE CENTER OF SAID SECTION 12; THENCE ALONG THE SOUTH LINE OF SAID SECTION 12, SOUTH 88°24'02" EAST, 24.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COMMUNITY ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°08'00" WEST, 117.42 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 31°01'56" EAST, 134.78 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO LEE RENSBERGER, LYING WITHIN SAID SECTION 12, RECORDED JUNE 27, 1969 AT FILE/PAGE NO. 116092 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°24'02" EAST 52.36 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINE THEREOF AND ITS NORTHERLY PROLONGATION NORTH 00°10'21" EAST, 330.30 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IH A DEED TO POWAY REDEVELOPMENT AGENCY RECORDED AUGUST 27, 2002 AS DOCUMENT 2002-0724023 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°23'07' EAST, 60.08 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 00°07'02" EAST, 139.70 FEET (140.04 RECORD) TO A POINT ON THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN A DEED TO AURORA J. PUERTOLLANO; THENCE ALONG SAID SOUTHERLY LINE NORTH 88°15'11" WEST, 79.99 FEET; TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 88°15'11" EAST 88.10 FEET TO THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 6028; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 00"OROO" EAST (NORTH 00°08'09" EAST RECORD), 105.10 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 88°15'11" EAST (SOUTH 88°22'37" EAST RECORD), 65.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01°44'49" EAST, 119.72 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 89°08'04" WEST (NORTH 88°07'18" WEST RECORD), 12.45 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 01°15'07' WEST, 14.78 FEET (NORTH 00°08'34" EAST,14.57 FEET RECORD) TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°54'54" WEST, (SOUTH 89°51'59" WEST RECORD), 143.47 FEET TO A POINT THAT BEARS NORTH 00°06'56" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°06'56" WEST, 234.86 FEET TO THE TRUE POINT OF BEGINNING. By entering into this covenant, Owner hereby agrees to participate in, and not oppose, a private road 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 reasonably necessary to preserve the private road for normal access, ingress and egress purposes. This Covenant shall run with the land, inure to the benefit of 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 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. IN WITNESS WHEREOF, the OWNER has executed this Covenant this . =' day of fl /j , 20 Z.1 . OWNERs: Renald J. Puertollano and Patrice J. Puertollano By: By: Patr t e J. PuertoN'ano, Own,e Renald J.'Puertollan, Owner CITY OF POWAY: By: o ert J. anis Dir ctor of Development ices Date: Date: // /6.'/ ; (signatures must be notarized) Dated: 21 APPPAA AP' CML CQD€ • 1,-; A it= IN ate r officer compteta -,pg this certricate verifies only the identity of the individual vvho signed -the to,Aenichtift mtficates alMohed, atid not the =Mit/Anew, atcuracy, on-edit/1 of that document. State of California County_of CC -612b On /I -NW -02-6 Dcite personalty appeared before me, ILito L11-ar, Here inseg None and 171e of 7e OAT --e-itccLo/ -a:- HIP r)--6 11 & Name(s) of &griefs) who proved to me Cri -the bastof satisfactory evidence to be the person) whose nam(s) Ware sub: to the within instrument and acknowledged to me -that he/stet-they executed the same in hisfrwitheir authorized capacity(es),•and that by his/her/their signature(s) on the instrument the perscn(sJ, or the enty WOO behalf of which theperson(s) acted, executed the instRiment JANA DEE MILLER Notary Public - California San Diego County I_ I Commission # 2352274 My Comm. Expires Apr 11, 2025 Race Notary Seaf ancffor Stamp Above certify under PENALTY OF PERJURY under the raw California that the foregoing paragrap an?t,correct OP-RONAL ray had and I iota! seal Signature Sign re of Motor/ Public Completing this information can deter a/tem-Von of the document or ruucfulent reattachment of this .forrn/to n unintended ocument. cliption. a Attached Title or Type of Document - Documerrt Date: Signer(S) Other Than NameAbove: 1 Capizetlf, Cloted toy Signer(s) a . Signer's Name: f‘le-fl-C1-10/ it ((Lala4iVi e r 's Name: • Q Corporate Officer - Title(s): 0 Corp ij Partper - 0 r .ii-nft-1 7.$ General 0 F'artier - individual 0 Attorney in Fact 0 individual 0- 0 Guardiamor Conservator . .a.Trustee. 0 Other 0 0 Signer is Representing: Nurnber of Pages:. •- e Officer - Tftle(s): Limed C.;.Generai In Attorney in Fact a Guardian -or Consenrator cf er is Representing: _ ©2018 P-tational Notary Association 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. V ,11,'6, State of iStfil#G.11--- County - n ! County off (/; -�- of i'11 C %0‘ `ir, �' On �Y / /61 2 ( before me, 1 j)'6' -2_(df.4"k Notary Public, Here Insert Name and Title of the Officer 1"kaPA 0)laIno Date personally appeared 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. L0I NOTARY PUBLIC REG. #7660433 Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State ofatliferryiirthat the foregoing paragraph is true and correct. V ,(1), WITNESS my hand and official seal. Signature Signature of Notary Public ih .( co e)r n I/3'/2 7 6 (7, -t3 - 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©...'G •B a,,.N,-a,..d.... Q, -e/ IV' d. -d -tl d: •y. -d. NV 'It,.'6,..d. ,d.W W A,. -a,:NY-a,..6, a -m -d W e, . i w -d e, d _ - d' -d ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ._11,1. w. -11k oVw.. _wVi. - -- w, . w.V�� a- w.V-V.qa w • +�. CIVIL CODE § 1189 Va afA as w - v ma• a v b as-.sa- w. _sa rTN' 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 April 26, 2021 before me, Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1/0A (alp. '1,3) 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: Covenant Regarding Private Road Maintenance Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: • e ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907