Covenant Regarding Real Property 2002-0921694
. ".-'(;.:1:)0. # 2002-0921694
RI;:CORDING REQUESTBY:) . ... ... ... _ ... . .
. ) U~T 2;2, 2002 11:33 AM
, CITY OFPOWAY )
. ), lfFIGIIl. IiIDIRDS .
WHENR.ECORDED MAIL TO:) 115.73 SAN DIEliO GOOOV REaJRDER'S OFFICE
... .. .... . . GREGORY J. lilITH, ~TV RECORDER
CITY CLERK) . FEES: 17.00'
CITY OF POWAY ) .
~ No t,,::::;:":207~7B9 ! ! 1111 ! 1 [~l!~ 11111111
tIP . (This space tor Recorder's Use)
r'~ APN 321-011-38
.. COVENANT REGARDING REAL. PROPERTY
Whereas Clark 888, Inc., property owner ("OWNER" hereinafter), is the owner of
real property commonly'known.asAssessor's Parcel'Number.321-011-38 ("PROPERTY"
hereinafter), and more fully described in Exhibit "A" atta'ched hereto and incorporated by
this reference.
In consideration 6f the approval by the City of Poway ("CITY" hereinafter) of
Tentative Parcel Map 02"02, involving a four-parcel residential subdivision, OWNER
hereby agrees to pay a fee cif$q,OOO.OO/parcel to thE! City of Poway - Development
Servi<<E?s in-lieu of having to complete undergrounding of existing overhead utility service
alo.ng the Espola RoaMrontage of the subject property Said $5,000 00 fee shall be paid
for each parcel prior to issuance of a building permit on the parcel.
This Covenant shall run withJheland and be binding upon and inure,t6 the benefit
of the future owners, encUmbrancers, successors,heirs" personal representatives,
tranSferees and assigns of the respective parties.
In the event of litigation to enforce the provisiqns of this CovE!nant, the prevailing
'party shall be entitled to full reimbursement of all costs, including reasonableatt6rneys'
fees, from the other party
Dated: 1./~.t)2- By'
iflzes'(Authorized Representative)
88, Inc.
CI-rypF POYVAY ,; A
Dated' Sept. 19, 2002 By' f(h:;t::x.~
Niall Fritz, Director of Dev
M:\planriing\cmr\brlzesdeedcovenant
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" .i ~5174
I EXHIBIT "A"
Parcel '1 :
All that portion of the East Half of the Southeast Quarter of the Northwest Quarter of
Section 6, Township 14 South.. Range 1 West, San Bernardino Meridian, in the City of
Poway,County of San Diego; State of California, according.to Official Plat thereof, lying
South"o{ a line drawn paralle'!' with and 1443 34feet':Southerly from the North Line of said
Section 6.
Excepting therefrom that.portion thereof lying Southerly of a line drawn p'imillel with and
1972.32 feet Northerly'at right angles from the SOLJthline of the Northeast Quarter of the
Southwest Quarter of saidSeCtibn. 6. J...>--'.
rli. --.'~-.
Also Excepting therefrom that, portion lying Easterlyof'the Westerly line of Road Survey
No. 1673 as described in geed to the County of San Diego, recorded March 18, 1966as
File No. 465790f Official Records.
And Also Excepting therefrom those portions lying within Parcels 1, 2, 3 and 4 as sho.wn
at Page 1091 50f Parcel Map's. filed in the Office of the County Recorder of San Diego
County, January'22, 1981.
Parcel 2.
All that portion of the EasCHalf of the Southeast Quaiter ohhe Northwest Quarter of
Section 6, Township 14.South, Range 1 West. San 'Bernardino Meridian, in ,the City of
Po way, County Of. San Diego, State of California; according to Official Plat thereof,lying
North of a line drawn parallel with and 1443 34feet!Southerly from the North, line of said
Section 6
Excepting t,herefrom that portion lying Easterly of the Westerly line of Road Survey No
1673 as descri~ed in deed to, the County of San Diego, recorded March 18, 1966 as File
No 46579 of Official Records;
Parcel 3
A portion of, Parcel 3,of Parcel Map No.1 0915 in the City of Poway, County of San Diego,
State of California, filed in the-Office of the CountY Recorder of San Diego County, January
22, 1981, described as .follows:
Beginning at'theiSouthwest corner of Parcel 3 of Parcel Map No 10915. thence Northerly
along the Westerly bou'ndary thereof North 0039'23" West. 14000 feet to the True Point
of Beginning; thence SOLJtherlyalong said Westerly boundarySol:lth 0039',23" East,28 47
feet; thilMce leaving said Westerly boundary'North.81 006'24" East, 161 58 feet to an
angle point in the Northwesterly'boundary of said Parcel Map No 10915; thence Westerly
along said Northwesterly boundary of said Parcel 3, North 88044'45" West, 16000 feet
to the True Point of Beginning
Parcel 4.
Al)easeme[1t for constructioQ, maintenance and right of way for road and utility purposes
and appurte,nances thereto over, Linder, along and'a<::foss a continuous strip. of land 40,00
feet in width lying within that por.tion of the East Half of the Southeast Quarter of the
Northwest Quarter of Section 6, Township 14 S6LJth~ Range 1 West, San Bernardino
Melidian, in the City of Po Way, County of San Dieg'o"State of Californi", according to
Official Plat 'thereiii, the 'centerline of said 40 00 foot !itrip being dllsc,i!Jed in Pwcel 1 of
deed to Joh,n'A. Schueler, et ux, recorded October 9, 1979asFile No 79-4208070f
. , .)575
-":. ~ " .'1
'.
Off1c:ial.Records; said center line more particUlariy:~est:iibed'asfollows:
i
S:;omm.erc.ir7i9.,at.'the:most Southweslerly corr!lr:, of saig Sc:hueler's Land; thence along the
We.st_erl,yline,:thereqf: Ngitli 0039'23" West, 140,00feElt; thenCE! South 88044'45" East,
160.0Qfeetti) the Trlje,Poil}t of Beginning; then,ce along,said center line North 0039'23"
West, ,540.00'feet, more or less, to the Southerly"line,ofDel Poniente Road.
E)(cepting therefrom those portions lying within Parcels 1 and 2 above described.
,Assessor's Parcel No: 321-011-38
'F"~~LlFORNI~ ALL-Pu~tSEACKNOWi..EDGJYI.EN;r . 11576
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State of' (';,J, ,;hrn '. ....
COLJ~ty of )0o.',/\'.l)ie;y
On j / I '1( !~7-- before me, 'i[..( ?A%l, bf/+ ") flJ6 rt.- F-LHJ1
t Dale Name an9 Title" of Officer (e.g.. "Jane Doe, Notary Public")
personally appeared ,J~Wlul 15 rC-\ 7.o..e:)
Name{~) of Signer(s)
o personally known to me - OR -Dprovedto me on the,basisof.satisfactory evidence to be thep.!3rson(s)
whosename(s) is/are,subscribed to'thewithin,instrument
and acknowledged' to me that he/she/they executed the
same in his/b.€!r/theira,uthorized capacity(ies), and that by
l.ElIZABETH 5 NORflEEr~ hislher/theirsignature(s) on the instrument the person(s),
~,' '.:."
- 'Comm./1312179 or the entity upon~behilif of which the person(s) acted,
m,." NOTARYI'UBl_'_C.CAUfORNIA.m executed 'the instrument.
, "Sin Diego County -
M, Comm. hplrnAu,:2,200~''''
WITNESS my hand.and official seal.
[O~ ~ign'N~
0
OPT/ONAL
Though the information be/ow is not requi(eg by la\.1l, itmay prove valuabJetiJ persons relying on the document and could prevent
. fraudulent removaf. and reattachment of this, form tto another document.
Description of Attached Documerit
Title or Type of Document:
DocumentDate: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:,
o Individual o Individual
o Corporate Officer o Corporate:Officer
Title(s): Title(s):
o Partner - 0 Limited o General o Pa~i1<,!r - 0 Limited 0 General
o Attorney-in-Fact o Aiiorney'in-Fact
o Trustee o Jruste,~
o Guardian or Conservator . o Guardian. or,Conservator .
o Other" 'Top of. thumb here o Other' Top of lhumb;here
Signer Is Repres<,!niing: Signer Is Representing:
c 1994 Natlon~i Notary A~:;ociation ~ 8236 Rem~tAve.>.6. BolC 7,184. Canoga Park, CA91309-7164 Prod. No. 5907 R~oiuer. Can Toll-Free 1-600-876-6627