Covenant Regarding Real Property 2015-0141798RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 278 -180 -44
DOC# 2015 - 0141798
1 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Mar 26, 2015 12:48 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. 821.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
E & M Holdings, LLC, 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 15547 Markar Road ( "PROPERTY" hereinafter). In
consideration of the approval of Underground Waiver (UW) ITS -oo 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.
OWNER: C 4 Wl Ho(- DI,JGS
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Dated: I - I `6 - I S
CITY OF POWAY:
Dated: ID 1!�—
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On 1�°�tC 7���� "LJ�� before me��b
(ins rt name and title of the officer) I
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re
subscribed to the within instrument and acknowle,Oed to me thah /she /they executed the same in
lttjs� /her /their authorized capacity(ies), and that by\ /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature 11 (Seal)
- OFFICIAL SEAL
ROBYN SCHRAM
NOTARY
PUBLIC-CALIFORNIA
COMM. NO. 2055800
SAN MY OMM IEXP. EBU21 2018
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE'S
GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE. SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER, SOUTH 89 °48'10" WEST, 204.66 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TOE. B. ASLESEN, ET UX,
DATED MARCH 17, 1952, AND RECORDED IN BOOK 4405, PAGE 53 OF OFFICIAL RECORDS;
THENCE ALONG THE WESTERLY LINE OF SAID ASLESEN'S LAND AS FOLLOWS:
NORTH 05 "19' 00" EAST, 449.79 FEET; NORTH 07 °39010" EAST, 120.72 FEET; AND NORTH
36 059'10" EAST, 303.35 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER DISTANT THEREON SOUTH 02" 32'07" WEST, 541.31 FEET
FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER BEING A POINT HEREIN DESIGNATED AS POINT "A'; THENCE NORTH 02 °32'07"
WEST, 541.31 FEET TO SAID NORTHEAST CORNER; THENCE ALONG THE NORTH LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 89 °41'40" WEST,
169.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH
8904140" WEST, 323.44 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
DEED TO LEONE B. GETZEL, RECORDED APRIL 27, 1955, IN BOOK 5620, PAGE 544 OF
OFFICIAL RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID GETZEL'S
LAND SOUTH 18 019' 50" WEST, 533.05 FEET TO A LINE WHICH BEARS NORTH 86 °44'40"
WEST FROM THE HEREIN ABOVE DESIGNATED POINT "A"; THENCE SOUTH 86 °4440" EAST,
461.66 FEET TO A LINE WHICH BEARS SOUTH 030 15'29 WEST FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 03 °15'20" EAST, 531.36 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY.