Covenant Regarding Real Property 2008-0592951
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to RECORDING REQUEST BY: ) 1111111111111111111111111111111111111111111111111111111111111111111111
) NOV 14, 2008 1:42 PM
~p CITY OF POWA Y )
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WHEN RECORDED MAIL TO: ) OFFICI/l.L RECORe";
I c.cll ) ,All ['IEGO COUIIlY RECURDEW; OFFICE
CITY CLERK ) riFIEGOR'( J SMITH. cou~m' RECORDER
CITY OF POWAY ) FEES: 19.00
POBOX 789 ) PAGES: -I
POWAY CA 92074-0789 )
) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
APN 317-281-25 and 317-280-60
Project Number: DR 92-01R (2)
COVENANT REGARDING REAL PROPERTY
Toray Membrane USA, Inc., a California corporation, PROPERTY OWNER ("OWNER"
hereinafter), is the owner of real property described in Exhibit A and Exhibit B, which is attached
hereto and made a part hereof, and which, is commonly known as 12201 Thatcher Court and
13435 Danielson Street ("PROPERTY" hereinafter),
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Development
Review (DR) 92-01 R(2), a request for approval to construct a forklift passageway and a gate
between two adjacent lots, APNs 317-281-25 and 317-280-60, OWNER hereby agrees that if
either parcel is sold, OWNER will remove the gate and replace it with fencing consistent with the
existing fencing, and will restore the curbing, landscaping and parking design to the same design
and conditions as were existing prior to the passageway installation
This Covenant shall Tun with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that DR 92-01R(2) expires or is rescinded by City Council at the request of the
OWNER, CITY shall expunge this Covenant from the record titleofthePROPEFHY.
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
Iflh 108
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Owner:
Toray Membrane USA, Inc., a California corporation
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Dated:
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M:\planning\Harmony\Approved,MDRA's\DR92-01 R (2)\covenant.doc
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State of California
County of San Diego
On November 6,2008 before me, Kristina von Gietzen, Notary Public, personally appeared Steve Cappos,
who proved to me on the basis of satisfactory evidence to be' the person whose name is subscribed to the
within instrument and acknowledgedto'methat he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of wh-i'ch the person 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.
SignatureoK' 1\ ~ .~b:no. \ 791'\ _ ~k; ~ ...(Seal)
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EXHIBIT 'A'
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A: (APN: 317-281-25)
PARCEL 4 OF PARCEL MAP NO. 17903, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON AUGUST 29,1997, AS FILE NO, 1997-0420059 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR INGRESS.AND EGRESS AND INCIDENTAL PURPOSES OVER, UNDER,
ALONG AND ACROSS THOSE PORTIONS OF PARCELS 1, 2, 3 AND 5 OF PARCEL MAP NO.
17903 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
AUGUST 29, 1997, AS FILE NO, 1997-0420059 OF OFFICIAL RECORDS AS DESCRIBED AND
SHOWN IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED SEPTEMBER 11, 1997, AS FILE NO, 1997-0441440 OF OFFICIAL RECORDS.
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EXHIBIT 'B'
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS
LOT 14 AND A PORTION OF LOT 15, OF THE CITY OF POWAY TRACT NO. 87-13 UNIT NO, 1,
IN THE CITY OF powAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 8,1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE NORTH 00 07'
57" EAST 423.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, FROM
WHICH A RADIAL BEARS SOUTH 30 05' 04" AND HAVING A RADIUS OF 252450 FEET;
THENCE, NORTH 88045' 00" EAST 190.71 FEET; THENCE SOUTH 20 19' 58" WEST 438.85
FEET; THENCE, NORTH 87 0 40' 02" WEST 398.00 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON
SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE
PRODUCED FROM SAID PROPERTY FOR THE PURPOSE' OF PROSPECTING FOR, THE
EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID
MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER
FROM SAID PROPERTY BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR
ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET TO AND 500
FEET BELOW THE PRESENT SURFACE OF THE SAID PROPERTY FOR ANY PURPOSE
WHATSOEVER.