Covenant Regarding Real Property 2011-0584171RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
l
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 323 - 070 -65
DOC# 2017- 0584171
NOV 02, 2011 4:13 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 0.00
PAGES: 4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
No Documentary Transfer Tax Due
LOMA CABRILLO, LLC, ( "OWNER" hereinafter), is the owner of real property commonly known as
15075 SYCAMORE CANYON ROAD ( "PROPERTY hereinafter), and more fully described in Exhibit
W. In consideration of the approval of Conditional Use Permit 06 -09M, by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose any 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.
If either party incurs costs as a result of filing a civil action 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.
OWNER:
Dated: a�3 // i 2 10MA 661ZIICO a C
�G Pota ie)��L
Dated: fICC
(Notarize)
CITY OF P
Dated: L By:
J. Manis,
M: \engsery \Clay O \Loma Cabrillo \covenant of restriction.docx
ment Services
I I -101
EXHIBIT A
,-) LEGAL DESCRIPTION
Parcel 1:
The Northerly 121.49 feet of that portion of the Northeast quarter of the Southwest quarter of Section 17,
Township 14 South, Range l West, San Bernardino Meridian, in the County of San Diego, State of
California, according to O.P.T. described as follows:
Commencing at the Southeast corner of the Northeast quarter of the Southwest quarter of said Section 17;
Thence along .the Easterly .line of said Southwest quarter North-009 l P 20" West, 44:57 feet to the
Southeast corner of Land described In deed to John P. Hausmann, et ux, recorded December 31, 1951 in
Book 4331, Page 351 of Official Records;
Thence along the Southerly line of said Hausmann's Land North 88° 51' 20" West, 745.12 feet to the
Southwest corner of said land;
Thence.along the Westerly line of said Hausmann's Land North 01 ° 08' 00" East; 410.90 feet to the True
Point of Beginning,
Thence South 88° 5 P 20" East, 739.14 feet to the Easterly line of the Northeast quarter of the Southwest
quarter,
Thence along said Easterly line North 00° 11' 20" West, 242.92 feet; Thence North 88° 51'20!' West to
the Westerly line of said Hausmann's Land;
Thence along said Westerly line South 010 08' 00" West, 242.91 feet, more or less, to the True Point of
Beginning.
Parcel 2:
That portion of the Northeast quarter of the Southwest quarter of Section 17, Township 14 South, Rarige 1
West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to
O.P.T., described as follows:
Commencing at the Southeast corner of the Northeast quarter of the Southwest quarter of said Section 17;
Thence along the Easterly line 'of said Southwest quarter North 00° 1F 20" West, 44.57 feet to the
Southeast comer of land described in deed to John F. Hausmann, et ux,.reeorded December 31, 1951 in
Book 4331, Page 351 of Official Records;
Thence along die Southerly line of said Hausmann's Land North 880 51' 20" West, 745.12 feet to the
Southwest corner of said land;
Thence along the Westerly line of said Hausmann's Land North 01 ° 08' 00 ".East, 410.90 feet to the True
Point of Beginning,
Thence South 880 51' 20" East, 739.14 feet to the Easterly line of said Northeast quarter of the Southwest
quartor,
_ I
Thence along said Easterly line North 00° 11' 20" West, 242.97 feet; Thence North 88° 51' 20" West to
the Westerly line of said Hausmann's Land;
LEGAL DESCRIPTION
(continued)
Thence along said Westerly line South 01' 08' 00" West, 242.91 feet, more or less, to the True Point of
Beginning.
Excepting therefrom the Southerly 121.49 feet of the Easterly 225.07 feet thereof.
Also excepting therefrom the Northerly 121.49 feet thereof.
Parcel 3:
The Southerly 121.49 feet of the Easterly 225.07 feet of that portion of the Northeast quarter of the
Southwest quarter of Section 17, Township 14 South, Range 1 West, San Bernardino Base and Meridian,
in the County of San Diego, State of California, according to O.P.T., described as follows:
Commencing at the Southeast corner of the Northeast quarter of the Southwest quarter of said Section 17;
Thence along the Easterly line of said Southwest quarter North 00° 1 P 20" West, 44.57 feet to the
Southeast comer of land described in deed to John P. Hausmann, et ux, recorded December 31, 1951 In
Book 4331, Page 351 of Official Records;
Thence along the Southerly line of said Hausmann's land North 88° 51' 20" West, 745.12 feet to the
Southwest corner of said land;
J
Thence along the Westerly line of said Hausmann's Land North 01° 08' 00" East, 410.90 feet to the True
Point of Beginning;
Thence South 88° 51' 20" East, 739.14 feet to the Easterly line of said Northeast quarter of the Southwest
quarter;
Thence along said Easterly line North 00° 1 P 20" West, 242.97 feet; Thence North 880 51' 20" West to
the Westerly line of said Hausmann's Land;
Thence along said Westerly line South 01* 08' 00" West, 242.91 feet, more or less, to the True Point of
Beginning.
END OF LEGAL DESCRIP'T'ION
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of SM.- p
On -23'1 before me, Soez D SovZ , oTr -e,�
Date Here Insert Name and Title of the Offiter
personally appeared nL.L_kv -) Vow Lotitt,_ Cw6y_\LLO LLG-
Nam s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person() whose nameKOare subscribed to the
cN' thin instrument and acknowledged to me that
he /they executed the same in &P;er /their authorized 228
ARIANNA SORT DE SANZ capacityW, and that by his er /their signaturepj on the
Commission # 1847047 instrument the personjo, or the entity upon behalf of
< : Notary Public - California z which the person ' acted, executed the instrument.
�� -
_ San Diego County
My Comm. Ex Tres A r 30, 2013 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h d and official seal.
Signature
Place Notary Seal Above Si atw o otary
Fkl
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer — Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRWr
OF SIGNER
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