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Covenant Regarding Private Road Maintenance Agreement 2021-0415851RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2021-0415851 IEEE! 11 1111111111111 I III 1 111 11111 11 11 11111111 1111111111111 Jun 04, 2021 09:33 AM 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: 277-020-27 COVENANT REGARDING PRIVATE ROAD MAINTENANCE AGREEMENT Peter V. Marlow and Cherese A. Marlow, ("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 18409 Deer Valley Estates ("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 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 al day of j , 20 2 t . OWNER: Peter . Marlow & Cherese A. Marlow By: Peter V. Marlow Cherese A."Marlow (signatures must be notarized) Dated: Dated: CITY OF POWAY: Robet1 J. Manis Director of Development Servi (signatures must be notarized) Dated: .1677(Z-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Vat tea• < I. SS CIVIL CODE § 1189 w wW r loodig oro. a.wiYrn. an4 v. t v. v.• v.�• w Int m s. a • vs* af• a. on a, A, so.• on.. o., a. 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 May 27, 2021 before me, Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Peter V. Marlow and Cherese A. Marlow 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. Signatur OPTIONAL iAD tux— to /3 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 Private Road Maintenance 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 D 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 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Rs�:e fG zZz GP! t _4'• 4.1"✓'yz t�r�4 ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a • asst. .v.4 . i. sit• .ss. intai An_a.0 w...a. - . <AR vs. in ca vs v.. it_ca AMC'. in m- AIWA.'ss.Vra 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 May 27, 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 dar.) Signature of Notaty 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 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): 0 Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association a www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND AS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LAND OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY MAP NO. 11688, FILED JULY 7, 1988, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 AS SHOWN ON RECORD OF SURVEY MAP NO. 11688; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 17, NORTH 0°30'52" WEST, 694.94 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 17, NORTH 88°59'38" EAST, 436.69 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ROAD AND UTILITY EASEMENT RECORDED JUNE 25, 1982 AS FILE NUMBER 82- 196219 OF OFFICIAL RECORDS; THENCE ALONG THE CENTERLINE OF SAID 60.00 FOOT ROAD AND UTILITY EASEMENT AS FOLLOWS: NORTH 30°23'01" EAST, 43.99 FEET; THENCE NORTH 59°31'10" EAST, 379.56 FEET; THENCE NORTH 55°26'48" EAST 237.12 FEET; THENCE NORTH 74°59'30" EAST, 213.46 FEET AND THENCE NORTH 87°54'31" EAST, 153.82 FEET TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE LEAVING THE CENTERLINE OF SAID 60.00 FOOT ROAD AND UTILITY EASEMENT, ALONG SAID EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17, SOUTH 0°17'47" EAST, 410.01 FEET, THENCE LEAVING SAID EASTERLY LINE, SOUTH 88°59'38" WEST, 906.69 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL ALSO BEING DEPICTED AS PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 10, 1988, AS DOCUMENT NO. 515714, OFFICIAL RECORDS. APN: 277-020-27