Covenant Regarding Real Property 1988-511822
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RECORDING REQUESTED BY: )
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CITY OF :POWAY )
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AND WHEN RECORDED MAIL TO: )
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CIT"Y CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
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No transfer tax due )
B80CT -1 AM 8: 48
I VEHA L.. LYLE;._ "
~ COUNTY RECOROC:!-I
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Helen Kytasty, an unmarried woman ("OWNER" hereinafter) is the
ownet of teal property destribed in Exhibit "A" which is attached
hereto and made a part ,hereof, and which is commonly known as
Assessor's Parcel Number 277-020-07 ("PROPERTY" hereinafter,). In
consideration of the approval of Boundary Adjustment BA 87-05 by
the City of Poway ("CITY" hereinafter), OWNER hereby covenants and
agrees for the benefit bf the CITY, to abide by the following
conditions:
1. Parcels 1 through 3 of Boundary Adjustment BA 87-05 shall
particpate in a Road Maintenance .Agreement for Deer Valley
Estates Road.
2. Parcels 2 and 3 of Boundary Adjustment BA 87-05 shall
contribute its pro-rata portiono.f the future paving of
D,,?er V~Lbey Est.ateLRoad. E,ach.p.i'-,rcels contribu'E'ion shan
'be based on its useage of the improvements at the time of
paving.
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.
OWNER agrees that OWNER's duties and obligations under this Cove-
nant are a lien upon the Property. Upon notice and opportunity to
respond, the CITY may add to the tax bill of OWNER any past due
financial obligation owing to CITY 'by way of this Covenant.
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STATE OF CALIFORNIA
COUNTY OF San Diego
personally known to me or proved to me on the basis of satisfactory
evidence to be the person ~ whose name is
subscribed to the within instrument and acknowledged that
s he executed the same,
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Slgnature-~ ~ ~
SAV193(2185) Minda Selzer
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SEAL
OFFICIAL SEAL
MINDA SElZER
NOTARY PUBLIC, CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission bp. Mar 21. 1990
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If eilher,i:iaF.ty ,is reqUired to 'incur costs ,to 'enforce the provi-
sionsof; thd.'sCovena'nt, the .prevailing party shall be entitled to
fm:n, reilllbup',~!"!!lent, ofa.rlcosts, includ.incj' reasonable attorneys'
fees., fJ;orn; 'the othe;:, party. 1'11", CITY' may assign to persons '
impac,ite"d by the performance of ,thi'sCovenant the right to enforce
this", Covenant agirihst OWNER.
Dated:
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e ,/2~/88
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,Dated:
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(Notarize)
CITY OF POWAY
BY 7/lQVl:S.I:1/d/fro C~ &';p""'~
(No need to Notarize)
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EXHIBIT "A"
ALL THAT PORTION
QUAl(1':)H~ Of. SECTION
BERN~ARDINO MERIDIAN
STATE OF CALIFORNIA
FILED JULY 7, I988,
PARCEL 1
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
17, :TOWNSHIP 13, SOUTH, RANGE 1, WEST, SAN
IN THE. CITY OF POWAY, COUNTY OF SAN DIEGO,
ACCORDING TO RECORD OF SURVEY MAP NO. 11688,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 AS SHOWN ON
RECORD OF SURVEY MAP NO 11688; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID SECTION 17, NORTH 0030' 52" WEST, 694.94
FEET TO THE TRUE POINT OF BEGINNING; ,TH'ENCE CONTINUING NORTHERLY___
ALONG THE WESTERlfY' ~HNE "OF SATD-SEC'ff6fC f7~NORTHOo- 30' 52"
WEST, 630.99 FEET TO THE NORTHW,EST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWES1;QUARTER OF SAID SECTIO~ (i,NORTH 880 29' 38" EAST
380.00 FEET; THENCE, LEAYING SAID N,OR'rHERLY LINE, SOUTH 330 15'
49" EAST" 157.10 FEET ; THENCE SOUTH 00 30' 5,2" EAST, 120.14 FEET;
THENCE SOUTH 74' 57' 3~~ WEST, 105.41 FEET; THENCE SOUTH 40 45'
56" WES1, 357.54 FEET; THENCE SOUTH 88~ 59' 38" WEST, 330.00 FEET
TO THE TRUE POINT OF BEGINNING.
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PARCEL 2
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 AS SHOWN ON
RECORD OF SURVEY MAP NO. 11688; THENCE' NORTHERLY ALONG THE
WESTERLY LINE OF SAID SECTION 17, NORTH 00 30' 52" WEST, 694.94
FEET; THENCE, LEAVING SAID WESTERLY LINE OF SAID SECTION 17,
NORTH 880 59' 38" EAST, 330.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 40 45' 56" EAST, 357.54 FEET; THENCE
NORTH 740 57' 36" EAS~, 105.41 FEET; Ti:IE~CE NORTH 00 30' 52"
WEST, 120.14 FEET; THENCE NORTH 33015' 49" WEST, 157.10 FEET TO
A POINT ON THE NORTHERLY LINE OF THE SOUTHWEST QUAR.:r~~ ...JLF SAID
SECTION 17; THENCE=CON,TINUING ALONG SAID NORTHERLY LINE OF SAID
SECT,ION 17, NORTH 880 29" 38" EAST. 965.9'8 FEET TO THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OFTHESOU,THWEST QUARTER OF SAID
SE'CTlON 17; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF THE
SOU'I'HWEST QUARTER OF THE SOUTHWES,TQ\TARTER OF SAID SECTION 17.
SOUTH 0017' 4'i"'EAST, 232.75 FEET, TP,THE CENTERLINE OF A 60.00-
FOOT ROAD AND UTILITY EASEMENT REC,ORDED JUNE 25, 1982 AS FILE
NUMBER 82-1962I9 OF OFFICIAL RECORDS',; THENCE LEAVIN,G SAID
EASTERLY LINE OF THE SOUTHWEST QUARTER OF:rHE SOUTHWES:r QUARTER
OF SAID SECTION 17, ALONG THE CENTERLINE OF SAID 60.00:"POOT ROAD
AND UTIL1,TY' EASEMENT AS FOLLOWsi's6uTH, 870 54' 31 i, WES'T, 153.82
FEET; S6qlH 740 59' 30" WEST, 21'3./+,6 EEET; SOUTH 550 26' 48"
WEST, 237.12 FEET; SOUTH 59' 31' 1'0~'WEST. 379.,56 FEET AND; SOUTH
300 13' 01" WEST, 43.99 FEET; :rRENCE LEAVING THE CENTERLINE OF
SAID 60.00 EOO:rROAD, AND UTILITY EA'SEMENT, SOIiTH 880 59' 38"
WEST, 106.69 'FEET 1'0 THE TRUE POINT OF BEGINNING.
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PARCEL 3
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 AS SHOWN ON
RECORD OF SURVEY MAP NO 11688; THEN.CE NORTHERLY ALONG THE
WESTERLY LINE OF SAID SECTION 17, NORTH 0" 30' 52: WEST, 694.94
FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 17, NORTH
88" 59' 38" EAST, 436..69 FEET TO A. POINT ON THE CENTERLINE OF A
60.00-FOOT-ROAD AND UTILITY EASEMENT RECO~DED JUNE 25, 1982 AS
fILE NUMBER 82-196219 OF OFFICIAL RECORDS; THENCE ALONG THE
CENTERLINE OF SAID 60.00-FOOT-ROAD AND UTILITY EASEMENT AS
FOLLOWS: NORTH 30" 13' 01" EAST, 43.99 FEET; NORTH 59' 31' 10"
EAST, 379.56 FEET; NORTH 55" 26' 48" EAST, 237.12 FEET; THENCE
NORTH 74" 59' 30" EAST, 213.46 FEET AND; NORTH.87" 54'3~1~EAS"T,,~__
153.82 FEET TO 'THE-EASTERLy-r;INrOF-THE .s'6fFr1iW'EsT-QiJARTER OF THE
SOUTHWEST OF, SAID SECTION 17; THENCE LEAVING THE CENTERLINE OF
SAID 60.00-FOOT-ROAD AND UTILITY EASEMENT., ALONG SAID EASTERLY
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 17, SOUTH 0" 17' 47" EAST, 410.01 FEET, THENCE LEAVING
SAID EASTERLY LINE, SOUTH 88" 59' 38" WEST, 906.69 FEET TO THE
TRUE POINT OF BEGINNING.