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Covenant Regarding Real Property 2023-033677512/7/23, 12:24 PM Batch 16738509 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 322-040-28-00 DOC# 2023-0336775 111111111111111II1111l1111111111lllll11111111111111111111llll11111lll1 Dec 07, 2023 11:21 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 4 Natacha C. Furlan, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 17268 Dos Hermanos Road and more particularly described as in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW) 23-0003, 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, 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 OR AUTHORIZED AGENT: By:2s�� Dated: Natacha C. F rlan, her CITY OF POWAY: G� OF u Dated: ob rt J. Manis 1 Director of Development Serv+ s (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/l6738509 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: 322-040-28-00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Natacha C. Furlan, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 17268 Dos Hermanos Road and more particularly described as in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW) 23-0003, 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, 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 OR AUTHORIZED AGENT: By: (- - �-, Natacha C. F rlan, bW ner CITY OF POWAY: F`obert J. Manis` Director of Development Services Dated: it ( 9", % Z� Dated: (Signatures must be notarized) CALIFORNIA•. • •. 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 <--e, ✓L 012 On before me, ��i_S [ j e, ° Q6k V Notary Public, Date Here Insert Name and Title of the Officer personally appeared T-D P ►4 1AAr1, S 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. *my ELUS WEBSfER Notary Public - California San Diego County Commission k 2452080 Comm. Expires Jul t, 2027 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 Signature of Notary Public Place Notary Seal Above 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: u Document Date: 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: Number '�f Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA-• •WLEDGMENT CIVIL CODE § 1189 C caC_c�C�C.sa�•_s�C� � .v� ..a<�� .sa .aaC..� .�, _.a .c��C� .� .zaC�C.ca�C� ,ca•,sa ,cam .s?CSI.•_h_c�.�._.aC�<��<�<�^'C�._.�.<.c�C�•..ca _at! 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 N ) County of aL V\- ) 1 On l� 3G ZOZ� before me, E \`LpJY �.i C, Date Here Insertme and Title of th Officer personally appeared 1^iQ rA)C A 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. WITNESS my hand and official seal. *my J, CLAYNotary Public -California Signature San Diego CountyCommission N 2429961 Signature of No ry Public Comm. Expires Jan 6, 2027 Place Notary Seal Above 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: I\- 3O - 2 Number of P 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: 02016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 E X" H 01� T "P%" LEGAL n EESCMPTM THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL B-1 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. C79-0089BA (C) 1, AS EVIDENCED BY DOCUMENT RECORDED JULY 5, 1979 AS INSTRUMENT NO, 79-279372 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL 2 AND THOSE PORTIONS OF PARCELS 3 AND 4 OF PARCEL MAP NO. 3370, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUAR`( 3, 1975, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER. OF PARCEL 3 OF SAID PARCEL MAP NO. 3370; THENCE ALONG THE EASTERLY BOUNDARY OF PARCEL MAP NO. 3370, SOUTH 27° 08' 47" EAST, 141.03 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 12' 59' 23" WEST, 43.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY BOUNDARY OF PARCEL MAP NO. 3370, SOUTH 89' 01' 48" WEST, 276.20 FEET; THENCE SOUTH 02' 16' 21" WEST, 263.38 FEET; THENCE NORTH 80' 05' 37" WEST, 104.30 FEET; THENCE SOUTH 51° 15' 28" WEST, 130.14 FEET; THENCE SOUTH 08° 31' 02" WEST 106.18 FEET; THENCE SOUTH 41 ° 47' 26" WEST, 71.98 FEET; THENCE SOUTH 01 ° 21' 42" WEST, 348.70 FEET; THENCE SOUTH 89' 01' 48" WEST, 365.94 FEET; THENCE SOUTH 06' 08' 57" EAST, 496.21 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 3370; THENCE ALONG THE WESTERLY LINE OF PARCEL 2 SOUTH 00° 54' 40" WEST, 185.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 80° 01' 48" EAST 513.50 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID CORNER BEING A POINT ON THE ABOVE REFERENCED EASTERLY BOUNDARY OF PARCEL MAP NO. 3370; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 15° 44' 05" EAST, 320.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY WHICH BEARS SOUTH 12° 59' 23" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 12' 59' 23" EAST 1238.14 FEET TO THE TRUE POINT OF BEGINNING.