Covenant Regarding Real Property 1997-0284984
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RECORDING REOUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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:~<< (This space for Recorder's Use)
1057
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH. COUNTY RECORDER
RF: 8.00 FEES:
AF: 7,00
MF: 1. 00
16.00
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Joseph C. Roberts and Karri D. Roberts, husband and wife, (OWNERS hereinafter) are the OVVNERS
of the real property addressed as 15547 Markar Road and described in Exhibit A which is attached
hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 278-180-
44 ("PROPERTY" hereinafter), In consideration of the approval of Underground Waiver 97-01 by the
City of Poway ("CITY" hereinafterl, OWNERS hereby covenant and agree, for the benefit of the CITY,
not to oppose a utilities undergrounding district and to pay a pro rata share of future undergrounding
costs.
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
If either party is required to incur costs 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, The CITY may assign to persons impacted by the performance of this Covenant the right
to enforce this Covenant against OWNER.
Dated:
'S: J. /- 7/
:5 /30 !qJ
Dated:
Jo h C. oberts, OWNER (Notarize)
~t%.']2~, e~1adZe)
Dated:
3=-/9-97
CITYOF:WAY .~
h Rel5a right-Quastler, ,rector of Planning Services
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Ltal Description
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, CITY OF (UNINCORPORATED AREA), AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TD UNITED STATES GOVERNMENT SURVEY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER
OF THE SDUTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF
SAID SDUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SOUTH
89048' 10" WEST, 204.66 FEET TO THE SOUTH~JEST CORNER OF
THE LAND DESCRIBED IN DEED TO E. B. ASLESEN, ET UX, DATED
t-1ARC:H 17, 1952, Ai'JD RECORDED IN BOOr< 4405, PAG~ NO. 53
OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF
SAID ASLESEN'S LAND AS FOLLDWS:
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NORTH 05019'00" EAST 449.79 FEET; NORTH 07039'10" EAST,
120.72 FEET; AND NORTH 36059'10" EAST, 303"35 FEET TO A
POINT IN THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER DISTANl' l'EHEREON SOUTH 02032'07" WEST,
341.31 FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST
QUARTER OF THE SDUTHWEST QUARTER BEING A POINT HEREIN DESIGNATED
AS POINT "A"; THENCE NORTH 02032'07" WEST, 541.31 FEET
TO SAID NORTHEAST CORNER; THENCE ALDNG THE NORTH LINE DF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH
88041'40" WEST, 169.14 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE OF SAID SOUTHEAST
QUARTER OF THE SDUTHWEST QUARTER, NORTH 89041'40" WEST,
323.44 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED
IN DEED TO LEONE B. GETZEL, RECORDED APRIL 27, 1955, IN
BODK 5620, PAGE 544 OF OFFICIAL RECORDS; THENCE ALONG THE
EASTERLY BDUNDARY OF SAID GETZEL'S LAND SOUTH 18019'50"
WEST, 533.06 FEET TO A LINE WHICH BEARS NORTH 86044' 40"
WEST FROM THE HEREIN ABOVE DESIGNATED POINT "A"; THENCE
SOUTH 86044'40" EAST, 461.66 FEET TO A LINE WHICH BEPRS
SOUTH 03"" 15" 20 II WEST FROi'l THE TRUE PO r NT GF BEG I NN I NG;
THENCE NORTH 03015'20" EAST, 531.36 FEET TO THE TRUE POINT
OF BEGINNING.
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1059
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA .
COUNTY OF ScV'\ DUti0
On \,-Ill~J- ;n/ 100, .
c<-e~rl~ C.. S\rk..
personally appeared ~ O~\-) c. K~S
before me
Notary Public,
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'personally-l\Aown-to-me- (or proved to me on the basis of satisfactory evidence) to
be the personpl) whose name~ is/are subscribed to the within instrument and
acknowledged to me that he/she/tRcy executed the same in his/her/thcir
authorized capacity~, and that by his/Rcr/tReir signatureM on the instrument
the person~ or the entity upon behalf of which the personM acted, executed this
instrument. '
SUEC.SIPLE I
lil t<<gfftY~~~ ~
CJ ~~..onEuxPlres j
1 MAY 13,2001
Signature
(This area for official seal)
Cb \,I LI\.O...i&
~ .j)n
BANI OS (6194) PLP
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~~L1FORNIA ALL"PURPol ACKNOWLEDGMENT
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1060
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c!A Li -Po fL VI- l-fl
SA-N j)r tf'D
On MAil '2:>0 \ I C) <1 '1- before me, G
per::;:1ppeare:'. .k'RR./{1 :t ,~.~d~~t';g"J~LU~~~
~ Nam~n~'
o personally known to me - OR -~roved to me on the basis of satisfacto evidence to be the ers ~
/ .~ whose nam~/a ubscribed to the within instrument
and acknowledged to me that'he.lshe/t~xecuted the
same in ~r/t~uthorized capacity~s}..and that by
l1istI:$r/t~gnature'\!ll..on the instrument the person~
or the entity upon behalfof which the person~ed,
executed the instrument.
State of
County of
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(1)' Gladys Haughton f
.. . Comm, #1019832
~ . NOTARv PUBLIC CAUFORNIAGl
'" SAN OIEGO COUNTY 0
I Comm EXPIres March 10 1998....
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WITNESS my hand and official seal.
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Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TitleorTypeofoocumenl: COVe.J1.flnT 1<,ebA-fL.D'(~ ~~~\~
Document Date: ~ 30 J \ q 9 '=f- Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: --.1<,!\R..(t\ ~ ,~ b er1s. Signer's Name:
's(Individual
b -Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
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Top of thumb here
Signer Is Representing:
SBlt-
Signer Is Representing:
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C 1995 National Notary Association. 8236 Remmel Ave., P,O. Box 7184 . Canoga Park, CA 91309-7184
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Prod. No. 5907 Reorder: Call Toll-Free 1-8()()"876-6827