Covenant Regarding Real Property 2007-0579479
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\ RECORDING REQUEST BY. .&._ J I .... I I ....
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CITY OF POWAY )
) AUG 31, 2007 11 11 AM
WHEN RECORDED MAIL TO: 11 l nFFIl-lw,L !-:ECOF:[I':
CITY CLERK 1 -,I:j~ lllrein rn: If'H'1 F1ECCiF:LIE~:'~, OFFIU:
GH[I:iUl{'1 .l 'A..\iTrl 1:C1Ulll'l F:EI-nRDEFr
CITY'OF POWAY 'bfl FEE': l4 Uti
PO BOX 789 ,1 P{'J3E _
POWAY CA 92074-0789 I W r 1111111111!1111111111l1!IIIIIIIIIIIIIYi&I~I~~~W~i~~~i~ IIli lill
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APN: 320-020-27
COVENANT REGARDING REAL PROPERTY
NOTICE OF RESTRICTIONS OF GRADING PERMIT NO G1487-04
Nathan C and Rachel L. Cannon, PROPERTY OWNERS ("OWNER" hereinafter) are the
owners of real property ("PROPERTY" hereinafter) within the City of Poway ("CITY" 'hereinafter),
which is commonly known as 11545' Creek Road, APN 320-020-27, and more fully described in
Exhibit "A"
Grading Permit No G1487-04 approved the design upon which grading for a single
residential structure shall be based. Notice is hereby given that the PROPERTY is burdened by the
terms and conditions that are summarized as follows. Said conditions are binding upon future
property owners:
Areas of the PROPERTY outside of the building envelope are underlain by undocumented
fill materials that may be deemed unsuitable for the support of settlement sensitive improvements.
The undocumented fill materials may include oversized rock and rock fragments, construction
debris, and minor amounts of deleterious matter Construction activity on the PROPERTY, outside
of the building envelope may require removal and disposal olthe undocumented fill materials in
their entirety
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
Dated: 9- Z Lj -a "l ~ C C~
Nathan C Cannon, Owner
Dated: fr ~4 ~D ':\ o/ar fuQ' ~ - C~(\~-
Rachel L. Cannon, Owner
Dated ~. 01
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~. . 6412
CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT
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~ to be the person!s) whose name(s) is@; ~
~ subscribed to the within instrument and ~)'
~ acknowledged to me that he/she~ executed ~
!~ the same in his/her~ authorize~ ~
~ capacity(ies). and that by his/her(ffiiljr ~
~ signatu:e(s) on the instrument the person(s), or ':?;
~ _ _ _ _ __ __ ___ the entity upon bell~lf of which the person(s) ~"
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"'I OFFICIAL SEAL I
~ . CHITO PAGDANGANAN ~ g
Ie'; NOTARY PUBLlC.CALIFORNIA~ "'~'J],
~ · COMM. NO. 1753631 - IS
~1 SAN DIEGO COUNTY " .
~, MY COMM. EXP JUNE 26, 2011 "'CO,,,,,, "m," '" ~ ~,"
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~ OPTIONAL "
~ Though the information below is not required by law, It may prove valuable /0 persons relying on the documAnt and could are vent ~,"
~ fraUDulent removal and reattachment of Ill/storm to another document. ~
@ Description of Attached Document . ~
~ Title or Type of Document CiJ i/el/lt;:f1 t I<~i/ 1:-;111') j(l?ti I .frof'/ry ~
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~ Document Date: /) - I - C Number of Pages: ~ 15
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~,; Signer!s) Other Than Named Above: . ~',
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~ Capacity(ies) Claimed by signer. ~
~ Signers Name }J4f/"ivl {I {!'MnoV/ ,,>' ;20(.11<'/ L (!UPlt'lt),'7 ~
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~ 0 Individual Top of lhumh (,ere ~
~ 0 Corporate Officer - Title(s): ~
~ 0 Partner - 0 Limited 0 General g
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~ Signer Is Representing: - Si:n, F - ~
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6413
Exhibit "A"
All that certain real property situated in the County of San Diego, State of California,
described as, follows.
That,portion of the West Half ofthe Northeast Quarter of Section 26, Township 14 South,
Range 2,West, San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to United States Governrnent Survey, described as follows.
Cornmenting at the North Quarter corner of said Section 26, thence along the North-South
center line of said Section 26, South 00040'23" East, 729.23 feetto the center line of Creek
Road as shown on Record of Survey Map No 5924, filed in the Office of the County
Recorder of San Diego County, August 7, 1961, thence along said center line South
65016'07" East, 23 85 feet to the beginning of a tangent 57351 foot radius curve therein,
thence Southeasterly along the arc of said curve through a central angle of 23004;00" a
distance of 230 89 feet; thencetElngent to said curve South 42012'07" East, 784.27 feet to
the True Pointof Beginning; thence North 4r47'53" East, 30 00 feet to the Northeasterly
line of said Creek Road; thence North 89041 '24" East, 540 70 feet to the Easterly line of
the Northwest Quarter of the Northeast Quarter of said. Section 29, thence along said
Easterly line South 00031 '02" East, 943 33 feet to the Northerly line of the land described in
lis Pendens in Case No 162, District Court of the United States, in and for the Southerly
District of California, Southerly Division, recorded April 14, 1942 in Book 1328, Page 475 of
Official Records, thence along said Northerly line North 72032'11" West, 56 52 feet to the
center line of said Creek Road; thence along said center line as follows. North 01044'29"
West, 267 02 feet to the beginning of a tangent 200 00 foot radius curve concave
Southwesterly;, Northwesterly along the arc of said curve through a central angle of
40027'38" a distance of 141.23 feet; and tangent to said curve North 42012'07" West,
681.24 feet to the True Point of Beginning
Assessor's Parcel Number' 320-020-27 -00