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Covenant Regarding Real Property 2016-0033004RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 323 - 262 -27 DOC# 2016 - 0033004 II I I II I I I I I II II II II II II II III II Jan 26, 2016 10:57 AM OFFICIAL RECORDS Ernest J. Dronenburg; Jr. SAN DIEGO COUNTY RECORDER FEES: $24.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 4 The Hickman Family Trust dated November 30, 2005 ( "OWNER" hereinafter), is the owner of real property commonly known as 13020 Sudan Road, Poway, CA 92064 ( "PROPERTY" hereinafter) and more fully in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B15 -2035, a request to convert an existing non - habitable structure back to non - habitable space at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached non - habitable accessory structure shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non - habitable structure shall never be rented or leased as a separate unit. This Covenant shall run with the land and be binding upon and inure to the benefit of 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 provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: / I M c Dated: OWNER: HI`CKMAN FAMILY TRUST I rr S'lLq Robert D. Hickman, TRUSTEE (Notarize) Lanette C. Hickman, TRUST E (Notarize) CITY OF POWAY: Dated: �f'O By: Ro rt J. Mavis, Zrect6r o ev lop ent Services M: \planning \cmr \guesthouse cov \Hickman Cov SEE -T—, ci- 1 Ili vv-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San / Diego } On I f ( before me, James W. Smith, Notary Public , (Here insert name and title ot the o eer personally appeared 2� �-� rC� -'t'l A ti, �-A KJ f-771E -�{�C�l&'t who proved to,,me on the basis of satisfactory evidence to be the person(s) whose na e(s) ' re ubscribed to the within instr ent and acknowledged to me that xecuted the same in � /Ke ei uthorized capacity(ies), and that by �/ r eRignature(s) on the instrumen he 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 -band and official seal. Public Signature JAMES V1C SMITH' S COMM. #2019296 NOTARY PUBLIC • CALIFORNIA C SAN DIEGO COUNTY ,' (Notary Public Seal) Com"'" EXPM � 12, 2017 ADDITIONAL OPTIONAL INFORMA DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY C LAIMED BY THE SIGNER ❑ Indivi al (s) ❑ Corl5orate Officer 0-' Partner(s) ,1�1 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800- 873 -9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she /they;- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT "A" Legal Description For APN /Parcel ID(s): 323 - 262 -27 -00 PARCEL 1 THAT PORTION OF LOTS 3 AND 4 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3; NORTH 89° 25'00" WEST TO AN INTERSECTION WITH THE WESTERLY LINE OF THE EASTERLY 825.00 FEET OF SAID LOT 3; THENCE ALONG SAID WESTERLY LINE, NORTH 01° 24'00" WEST, 333.28 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 OF DEED TO JAMES A. SILKWOOD, ET UX, RECORDED OCTOBER 1, 1956 AS FILE NO. 137329 IN BOOK 6279, PAGE 82 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SILKWOOD'S LAND AS FOLLOWS: SOUTH 89° 58' 20" EAST, 414.78 FEET; NORTH 56° 58'40" EAST 162.50 FEET AND NORTH 63° 52'40" EAST, 292.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG LAST THREE DESCRIBED COURSES SOUTH 63° 52'40" WEST 292.00 FEET; SOUTH 56° 58,401, WEST 162.50 FEET AND NORTH 89° 58'20" WEST, 210.00 FEET; THENCE SOUTH 01 ° 24' 00" EAST 622.05 FEET; THENCE SOUTH 89° 25'00" EAST 620.64 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4, TO AND ALONG THE EASTERLY LINE OF SAID LOT 3, NORTH 010 24'00" WEST, 845.38 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 89'25'00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89'25'00" WEST, 6.73 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 4.00 ACRES THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE WHICH BEARS NORTH 89'25'00" WEST FROM A POINT ON THE EAST LINE THEREOF DISTANT THEREON NORTH 01'24'00" WEST, 382.16 FEET FROM THE SOUTHEAST CORNER THEREOF. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES AND CONSTRUCTION AND MAINTENANCE OF POWER LINES OVER A STRIP OF LAND 15.00 FEET IN WIDTH LYING WITHIN LOT 3 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 89'25'00" WEST TO AN INTERSECTION WITH THE WESTERLY LINE OF THE EASTERLY 825.00 FEET OF SAID LOT 3; THENCE ALONG SAID WESTERLY LINE NORTH 01'24'00" WEST, 333.28 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 OF DEED TO JAMES A. SILKWOOD, ET UX, RECORDED OCTOBER 1, 1956 AS FILE NO. 137329 IN BOOK 6279, PAGE 82 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE EASTERLY 825.00 FEET OF SAID LOT 3, NORTH 01'24'00" WEST 988.93 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF COUNTY ROAD SURVEY NO. 944, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY. EXHIBIT "A" Legal Description PARCEL 3 AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A 20.00 FOOT STRIP OF LAND LYING WITHIN LOT 3 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 89'25'00" WEST TO AN INTERSECTION WITH THE WESTERLY LINE OF THE EASTERLY 825.00 FEET OF SAID LOT 3; THENCE ALONG SAID WESTERLY LINE NORTH 01'24'00" WEST, 333.28 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 OF DEED TO JAMES A. SILKWOOD ET UX, RECORDED OCTOBER 1, 1956 AS FILE NO. 137329 IN BOOK 6279, PAGE 82 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SILKWOOD'S LAND, SOUTH 89° 58'20" EAST, 204.78 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO ROGER J. FAUCHER, ET UX, RECORDED DECEMBER 7, 1965 AS FILE NO. 220294 OF OFFICIAL RECORDS. PARCEL 4. AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A 30.00 FOOT STRIP OF LAND LYING WITHIN LOT 3 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE NORTHERLY LINE OF SAID STRIP, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 89'25'00" WEST TO AN INTERSECTION WITH THE WESTERLY LINE OF THE EASTERLY 825.00 FEET OF SAID LOT 3; THENCE ALONG SAID WESTERLY LINE, NORTH 01'24'00" WEST, 333.28 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 OF DEED TO JAMES A. SILKWOOD, ET UX, RECORDED OCTOBER 1, 1956 AS FILE NO. 137329 IN BOOK 6279, PAGE 82 OF OFFICIAL RECORDS; THENCE ALONG�THE NORTHERLY BOUNDARY OF SAID SILKWOOD'S LAND, SOUTH 89'58'20" EAST, 204.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID SILKWOOD'S LAND, SOUTH 89° 58'20" EAST, 210.00 FEET AND NORTH 56° 58'40" EAST, 78.97 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO DON R. HOWARD ET UX, RECORDED JUNE 27, 1968 AS FILE NO. 180004 OF OFFICIAL RECORDS. PARCEL 5: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER, UNDER, ALONG AND ACROSS THE WESTERLY 20.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTH 200.00 FEET THEREOF