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
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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.