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
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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
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• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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Additional information is not required but could help to ensure this
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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