Loading...
Covenant Regarding Real Property 2023-00497502/27/23, 3:12 PM RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 314-192-59 Batch 15394091 Confirmation DOC# 2023-0049750 I llllll lllll lllll lllll llll llllll 11111 IIIII IIIII IIIII IIIII IIIII IIII IIII Feb 27, 2023 02:08 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES:4 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY (821-0901) Karen L. Oyanguren, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 13614 and 13616 Outlook Rd and more particularly described in Exhibit A ("PROPERTY" hereinafter). OWNER hereby agrees for the benefit of the City of Poway ("CITY" hereinafter), 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, 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. OWNER: Karen L. Oyanguren :~TY~q l_j!J Ro rt J. Manis I Dated: _/i-'-'IVJ/~lf __ /_1.2-__ _ Director of Development Services (Signatures must be notarized) https ://gs.secure-recording. com/Balch/Confirmation/15394091 1/2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN : 314 -192-59 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY (B21-0901) Karen L. Oyanguren, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 13614 and 13616 Outlook Rd and more particularly described in Exhibit A ("PROPERTY" hereinafter). OWNER hereby agrees for the benefit of the City of Poway ("CITY" hereinafter), 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, 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. OWNER: Karen L. Oyanguren By: ~ /. rfy_ (}/4jA4:vi Karen L. Oyanguren I Dated: fo/lf/12- Director of Development Services (Signatures must be notarized) Exhibit A Legal Description 13614 and 13616 Outlook Rd . APN: 314-192-59 B21-0901 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, DISTANT THEREON SOUTH 89°19'50" EAST, 330.00 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0°26'00" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 647.27 FEET; THENCE SOUTH 89°32'30" EAST 900.00 FEET TO THE CENTER LINE OF THE COUNTY ROAD DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED SEPTEMBER 30, 1936 , IN BOOK 569, PAGE 296 OF OFFICIAL RECORDS AND KNOWN AS ROAD SURVEY NO. 335, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°32'30" EAST 382.23 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO CHARLES W. VASEY, ET UX, RECORDED MARCH 27, 1953 IN BOOK 4799, PAGE 345 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY SOUTH 0°19'30" EAST 43.08 FEET AND SOUTH 89°10'30" EAST 59.20 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAND; THENCE NORTH 0°17'43" WEST TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE DEPARTMENT OF VETERANS AFFAIRS OF THE STATE OF CALIFORNIA, RECORDED APRIL 21, 1967 AS DOCUMENT NO . 55426 OF OFFICIAL RECORDS; THENCE SOUTH 89°47'10" WEST 440.54 FEET TO THE SOUTHWEST CORNER OF SAID LAND; THENCE SOUTH 0°12 '30" EAST 154.59 FEET TO THE TRUE POINT OF BEGINNING . EXCEPTING THEREFROM THE EASTERLY 273 .32 FEET, MEASURED ALONG THE NORTHERLY LINE OF SAID LAND. THE WESTERLY LINE OF SAID EASTERLY 273.32 FEET BEING DRAWN PARALLEL WITH THE CENTER LINE OF SAID COUNTRY ROAD . ALSO EXCEPTING THEREFROM THE SOUTHERLY 20.00 FEET. 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 on September 14, 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n_,o_N_o_ta_ry_._P_u_b_li_c _____ , Date Here Insert Name and Title of the Officer personally appeared _______ K_a_r_e_n_L_._O~y_a_n~g~u_r_e_n ____________ _ 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 z San Diego County ~ Commission # 2363699 - y Comm . Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY 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 ~I-::/ 1/l.'.J 11.. ,.L-. ,{, f cJ ,....,.., ~ ; { 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 Real Property B21-0901 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): ______ _ □ 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: _________ _ ~~~~~~~~~~~~~~'%~ ©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 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 October 11 , 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n_, _N_o_ta_r~y_P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared ______ R_o_b_e_rt_;_J_._M___;;a_n_is ________________ _ 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 c .. • f Commission II 2363699 •we••' My Comm. Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------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 Real Property APN : B21-0901 Document Date: ___________________ Number of Pages : _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~'gj';,~~~~~~'gj';,~~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907