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Covenant Regarding Real Property 2003-0126145-w RECORDING REQUE:,,,,,,,3Y: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 I x ' No Transfer Tax Due F=ED 04, 2 2 003 1.0.-1 F'k OFFTCIAL RECORDS SAN D EGO COUNTY R'ECORDER'S OFFICE GRfGORY J. SMITE1. COUNTY RECORDER FEES: 14.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Valerie A. Quate, Trustee, or her Successors in Trust, under the Quate Family Trust, dated July 25, 1985 ( "OWNERS" hereinafter), are the owners of real property commonly known as Assessor's Parcel Number 275 - 712 -15 ( "PROPERTY" hereinafter), and more fully described in Exhibit "A ". In consideration of the approval of Underground Waiver 02 -07 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 is required to incur costs to enforce the provision of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, incluidng reasonable attorneys' fees, from the other part. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNERS. Dated: %/t1 3 Dated: / Valerie A. Quate, Owner 'T(VSfee CITY OF POWAY: ,t"��-� Niall Fritz, Director of Devolapment Services M:\ planning \Lisa\Pmjects\MDRA02- 74_Quate res \undgmd_covenant doc RECEI1fr =[ ) JAN 3 0 2003 CITY OF POWAY S CY4 _, 9 03 -022 v CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of OCC / r rrn t .rL County of On \7- vl V-L&r y �, 1403 before me, 4cry� LIk � A lw �b� Q — , 91 le / Name and Title of officer (e Jane Vac, Notiltry Public ") personally appeared Notary Public - CsWomia MyCarfilE�apirasJu�2006 WITNESS my hand and official seal. signature of NA 3y Public ❑ personally known to me - OR - ?"Proved to me on the basis of satisfactory evidence to be the person(s) whose name Is ubscribed to the within instrument and acknowledged to me that h sT t the same in er r authorized capacity0es), and that by e /? 44 signature on the instrument the persor ), CHERYL L. HOLLEN8ECK or the entity upon b alf of which the person acted, CommWO nf1350044 executed the instrument. OPTIONAL Though the information below is not required by law, 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: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: 164 Fr f 7�Z 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: RIGHT THUMBPRINT OF SIGNER ho Signer's Name: El El El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER •_�+ ----Y ru Iaaon • uaa rwrnnan Ave., KU Box 7184 - Canoga Park, CA 91309 -7184 PrM No 5907 ReoMer Call Toil -Free 1-800- 87BE827 Exhibit "A" PORTIONS OF LOTS 44 AND 45 OF GREEN VALLEY ESTATES UNIT NO. 3, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 3805, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 13, 1958, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NO. 44; THENCE ALONG THE NORTHERLY LINE THEREOF, NORTH 81 0 32 1 40" EAST, 37.20 FEET TO THE BEGINNING OF A TANGENT 960.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 °09 ", A DISTANCE OF 69.65 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 37'04 ", A DISTANCE OF 10.36 FEET TO THE NORTHWEST CORNER OF SAID LOT NO. 45; THENCE ALONG THE BOUNDARY LINES OF SAID LOT 45, AND CONTINUING EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 22 9 54 ", A DISTANCE OF 6.39 FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVATURE BEARS SOUTH 03 0 17'56" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 0 48'16" (14 0 45'29" RECORD), A DISTANCE OF 85.27 FEET (85.00 FEET RECORD); THENCE NON - TANGENT TO SAID CURVE, SOUTH 29 0 29'18" EAST, 41.22 FEET ( SOUTH 29 °28'58" EAST, 41.21 FEET RECORDS); THENCE SOUTH 00 0 05'06" WEST, 300.07 FEET (SOUTH 00 0 02'34" WEST, 300.00 FEET) TO THE SOUTHEAST CORNER OF SAID LOT 45; THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 89 °18'54" WEST, 110.03 FEET (SOUTH 89 °16'50" WEST, 110.00 FEET RECORD) TO THE SOUTHWEST CORNER OF SAID LOT NO. 45; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NO. 44, SOUTH 89 0 18'54" WEST, 4.73 FEET (SOUTH 89 °16'50" WEST RECORD); THENCE LEAVING SAID SOUTHERLY LINE OF LOT NO. 44, NORTH 00 0 41'06" WEST, 53.97 FEET; THENCE NORTH 32 °17'54" EAST, 44.52 FEET; THENCE NORTH 00 0 02 1 34" EAST, 61.66 FEET; THENCE NORTH 37 °47 WEST, 44.30 FEET; THENCE NORTH 00 °36 WEST, 132.16 FEET TO THE TRUE POINT OF BEGINNING.