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Covenant Regarding Real Property 1988-511822 ", , r ~~~.. f;-;-: :1021 5' 88 .,18,22 G RECGRDEO IN Pi] OF'F~CiAL f::f:CORO:,), '. ___'" .-. .__-TV . ..Or ~~AH IJ~::..:.~fJ ;....:;liA, ,. CA. . RECORDING REQUESTED BY: ) ) CITY OF :POWAY ) ) AND WHEN RECORDED MAIL TO: ) ) CIT"Y CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92064 ) ) No transfer tax due ) B80CT -1 AM 8: 48 I VEHA L.. LYLE;._ " ~ COUNTY RECOROC:!-I !.....-- I =~ ~~1 MG - (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. ~:,. ... ~ c iE c i!; .. z w ~ .. i 8 ~ z '" ~ .. 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, .. I~~~.. - Slgnature-~ ~ ~ SAV193(2185) Minda Selzer .. SEAL OFFICIAL SEAL MINDA SElZER NOTARY PUBLIC, CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission bp. Mar 21. 1990 I."-t- tV} :i.:;I~~ - -- HOME FEDEML - ;"'--:. ,,,;,L " ,- '.' . : 1022 . 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: t /1 ( Ie;? , (J I e ,/2~/88 , ,Dated: o (Notarize) CITY OF POWAY BY 7/lQVl:S.I:1/d/fro C~ &';p""'~ (No need to Notarize) ,.... '~.. .:::.~:.~, )~"ift , ,,~. 1'-. ~~ ~: 'P ''- ,.,...,(j,-:'r ::;t~'if:;~< '" ,-; 'r~ ,. , . ;,--;~---- ~_I. -----.-- ------ .- .~' . ; 1023 . .' " .-"<- '. , ' 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. :\1 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. . ;- . ; 1024 '. ,('\.-,,-: ~.."'; 4 -,. , 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.