Covenant Regarding Real Property 2010-0407073RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
APN: 317- 520 -01
D O C ## 201 0 - 0407073
IIIIII 1 X1111 I IIIIIII1l1IIIBIIII IIIIIIIIII
AUG 09, 2010 1:47 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L_ BUTLER, COUNTY RECORDER
FEES: 2ZOO
PAGES: 3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Shendl Diamond, PROPERTY OWNER ( "OWNER" hereinafter), is the owner
of real property described in Exhibit A, which is attached hereto and made a part hereof,
and which is commonly known as 12203 Leona Lane ( "PROPERTY" hereinafter). In
consideration of the approval of Underground Waiver (UW) 10 -01, by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose
a future private or public 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, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
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.
G
Dated: P, 02 /
IN 11 VA G] 2 Y 0 1 Ti T /_\'f i
Dated: F12-
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M: \engsew \Clapp \Covenants \Diamond UW Deed Covenant.docx
M
S9j, a '1 /, iii i�Lv
D. .. -
J. Manis j
Director of
Services
lo-O-7S
CITY CLERK
F�
CITY OF POWAY
3�
P O BOX 789
POWAY CA 92074 -0789
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APN: 317- 520 -01
D O C ## 201 0 - 0407073
IIIIII 1 X1111 I IIIIIII1l1IIIBIIII IIIIIIIIII
AUG 09, 2010 1:47 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L_ BUTLER, COUNTY RECORDER
FEES: 2ZOO
PAGES: 3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Shendl Diamond, PROPERTY OWNER ( "OWNER" hereinafter), is the owner
of real property described in Exhibit A, which is attached hereto and made a part hereof,
and which is commonly known as 12203 Leona Lane ( "PROPERTY" hereinafter). In
consideration of the approval of Underground Waiver (UW) 10 -01, by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose
a future private or public 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, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
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.
G
Dated: P, 02 /
IN 11 VA G] 2 Y 0 1 Ti T /_\'f i
Dated: F12-
�D
M: \engsew \Clapp \Covenants \Diamond UW Deed Covenant.docx
M
S9j, a '1 /, iii i�Lv
D. .. -
J. Manis j
Director of
Services
lo-O-7S
CALIFORNIA
:aY:SZ;.<it::iCat_asS.as: :is4:i mss_. isG: i•_ a> Y.•; t_ �>_ o: 1. �:> s;. as��sCKtcat;: is�asi:.» S. as: �GatCat;. as% At,. it�+ it;: iu <SsG:i>_:v:�tyt,siseazsit�.�- _:isC�isa
State of California
County of San Diego
On //646kp 2, Z0/o
Date
before me, Phyllis Shinn, Notary Public
\ Here Insert Name and Thle of the Oificer '
personally appeared l h //.9L J/ 1 t// /i! U /1/ A
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person( whose name( is /$*,subscribed to the
within instrument and acknowledged to me that
`t96/she /th executed the same in )s /her /t(ir authorized
capacity(i , and that b Wher/t Ar sigoature(s on the
instrument the person(, or the entity upon behalf of
which the person(�(acted, executed the instrument.
PHYLLIS SHINN I certify under PENALTY OF PERJURY under the laws
Commission N 1778898
Notary Public - California of the Stale of California that the foregoing paragraph is
San Diego County true and correct.
Comm. Nov9 2011
WITNESS my hand -nd official seal.
Signature aC
Place Notary Seal Above / Sigralure of Notary Public
OPTIONAL
Though the information below is not required by taw, 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
'
Title or Type of Document: /G�xx
/ �7/m,6 /i'/li�
Document Date:
Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer — Title(s):
n Corporate Officer — Title(s):
rl Partner — ❑ Limited ❑ General _
_ 1-1 Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee Top of thumb
here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
m2007MU.nal Notary Assmiah. n- 9350De SotoAw..PO.B.2402•Chatsm,th,CA 013132402- .Nalionalaf.ary.org Ilenu5907 Reorder: Cali TOlF Free 1 -80 8766827
EXHIBIT A
PARCEL 1:
THE WESTERLY 171.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTH -.
WEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, 'ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 14;
THENCE EASTERLY ALONG THE NORTH LINE OF'SAID SOUTHWEST QUARTER, A DISTANCE
OF 620.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTH-
WEST QUARTER, A DISTANCE OF 348.00 FEET MORE OR LESS, TO AN INTERSECTION
WITH A LINE DRAWN PARALLEL WITH AND 15.00 FEET NORTHERLY AT RIGHT ANGLES
FROM THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND CONVEYED
TO THE POMERADO UNION SCHOOL DISTRICT, BY DEED DATED MAY 1, 1924 AND
RECORDED IN BOOK 751, PAGE 381 OF DEEDS; THENCE WESTERLY ALONG SAID
PARALLEL LINE, 202.58 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE
OF THE LAND CONVEYED TO PAULENE SCHNEPP BALDWIN, BY DEED DATED JUNE 28,
1555 AND. RECORDED IN BOOK 5709, PAGE 490 OF OFFICIAL RECORDS; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, BEING.PARALLEL WITH THE WEST LINE OF
SAID SOUTHWEST QUARTER OF SECTION 14, .A DISTANCE OF 12.00 FEET MORE OR
LESS, TO THE NORTHEAST CORNER OF SAID BALDWIN'S LAND; THENCE WESTERLY ALONG
THE NORTHERLY.LINE OF SAID LAND, BEING PARALLEL WITH THE SOUTHERLY LINE OF
SAID NORTH HALF OF THE NORTHWEST QUARTER QF THE SOUTHWEST QUARTER OF SECT-
ION 14, A DISTANCE OF 417.42 FEET TO-THE WEST LINE OF SAID SOUTHWEST QUAR-
TER; THENCE NORTHERLY ALONG SAID WEST LINE, 255.71 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE
NORTHERLY 20.00 FEET OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL I ABOVE.