Covenant Regarding Real Property 2016-0332312f
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 273 - 900 -54
DOC# 2016- 0332312
111111 VIII VIII VIII IIII 111111 VIII VIII I III VIII VIII VIII IIII IIII
Jul 05, 2016 09:45 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $24.00
PAGES: 4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Brett Christopher Helm and Tracy Lynn Helm, husband and wife as community property
( "OWNER" hereinafter), are the owners of real property commonly known as 13348 Starmount Way
( "PROPERTY hereinafter) and more fully described 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 -1080, a request to construct a detached, non - habitable accessory
structure 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 complete 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.
In the event that a Building Permit is never obtained to construct the proposed detached non -
habitable accessory structure at the request of the OWNER, the CITY shall expunge this Covenant
from the record title of the PROPERTY.
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:
Dated:
Dated: -7/1-3//
/�
OWNER: /� f
Brett ristcph Helm (Notarize)
7f
Tracy Lynn Helm (Notarize)
CITY OF PO AY:
By:
R b rt J. Manis, rector f D el ment Services
16-02 R
EXHIBIT "A"
Legal Description
For APN /Parcel ID(s): 273 - 900 -54 -00 and 273 - 900 -55 -00
Parcel A:
Those portions of Lots 15, 18, 19 and 20 of County of San Diego Tract 3842 -1, in the City of Poway,
County of San Diego, State of California, according to Map thereof No. 9620, filed in the Office of the
County Recorder of San Diego County, April 15, 1980, described as follows:
Beginning at the Southeast corner of Lot 15 of said Map No. 9620; thence North 88 040'58" West, 1.70
feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 252.000 feet;
thence Northwesterly, along the arc of said curve through a central angle of 6 °26'04 ", 28.30 feet; thence
North 10 °19'02" East, 125.00 feet; thence North 6 °28'42" West, 171.45 feet; thence North 39 028'40"
West, 132.07 feet; thence North 25 040'00" West, 166.50 feet; thence North 67 °31'56" East, 234.99 feet to
the East line of said Lot 20; thence South 1'19'02" West along the East line of said Lots 20, 19, 18 and
15, 639.58 feet to the Point of Beginning.
Excepting therefrom, as mineral interest and not as a royalty interest, all oil, gas, hydrocarbons, mineral
and associated substances in, under, or produced and saved from said real property, provided, however,
that the Grantor does not reserved, and hereby expressly waives, any right of entry on, the surface of
said tract for the purpose of removing or mining such substance."
Parcel B:
A non - exclusive easement for landscaping purposes over that portion of Lots 16 17, 18 and 19 of County
of San Diego Tract 3842 -1, in the City of Poway, County of San Diego, State of California, according to
Map thereof No. 9620, filed in the Office of the County Recorder of San Diego County, April 15, 1980,
more particularly described as follows:
Beginning at the Southeast corner of Lot 15 of said Map No. 9620; thence North 88 040'58" West a
distance of 1.70 feet to a point on a tangent curve, concave Northeasterly, having a radius of 252.00 feet;
thence Northwesterly along said curve through a central angle of 06 026'04" an arc distance of 28.30 feet;
thence North 10 019'02" East a distance of 125.00 feet; thence North 06 028'42" West a distance of 171.45
feet; thence North 39 °28'40" West a distance of 132.07 feet to the most Easterly property comer of the
land described in deed to Anne L. Day, a married woman as her sole and separate property, recorded
October 29, 2003 as File No. 2003 - 1317078 of Official Records, and also being the true point of
beginning; thence along the Northeasterly property line of said Anne L. Day property, North 25 °40'00"
West a distance of 166.50 feet; thence leaving Sid Northeasterly line, South 67 031'56" West a distance of
3.11 feet; thence South 00 °51'10" East a distance of 16.52 feet; thence South 22 013'52" East a distance
of 15.16 feet: thence South 23 °21'01" East a distance of 17.39 feet; thence South 27 °17'03" East a
distance of 13.78 feet; thence South 24 023'46" East a distance of 30.91 feet; thence South 18 °13'25"
East a distance of 16.93 feet; thence South 31 °54'47" East a distance of 23.48 feet; thence North
60 °19'45" East a distance of 2.89 feet; thence South 30 043'28" East a distance of 32.90 feet; thence
North 81 °31'33" East a distance of 6.07 feet to the true point of beginning.
Parcel C:
A non - exclusivie easement for landscape maintenance and drainage over that portion of Lots 15, 16 and
18 of County of San Diego Tract 3842 -1, in the City of Poway, County of San Diego, State of California,
according to Map thereof No. 9620, filed in the Office of the County Recorder of San Diego County, April
15, 1980, more particularly described as follows:
CLTA Standard Coverage Policy (01/01/1990) Printed: 12.09.14 @ 09:14AM
CA -CT -FWD 0- 02180.055820 -S PS- 72067 -1 -14- 73714004775
EXHIBIT "A"
Legal Description
Beginning at the Southeast corner of Lot 15 of said Map No. 9620; thence North 88 °40'58" West a
distance of 1.70 feet to a point on a tangent curve, concave Northeasterly, having a radius of 252.00 feet;
thence Northwesterly along said curve through a central angle of 06 °26'04" an arc distance of 28.30 feet
to the Southeasterly property comer of the land described in deed to Wade C. Moore and Kathi S. Moore,
husband and wife as community property, recorded April 8, 1993 as File No. 1993 - 0218943 of Official
Records, point also being the true point of beginning; thence North 01 019'02 East a distance of 125.00
feet; thence North 06 028'42" West a distance of 171.45 feet; thence North 39 028'40" West a distance of
67.74 feet to the most Northerly property corner of said Wade C. Moore and Kathi S. Moore land; thence
South 35 030'00" West a distance of 19.96 feet; thence South 20 °41'40" East a distance of 158.53 feet;
thence South 12 °03'13" East a distance of 31.33 feet; thence South 06 057'55" East a distance of 63.81
feet; thence South 00 °00'00" West a distance of 59.81 feet; thence South 16 048'24" West a distance of
29.00 feet to a point on the Southerly property line of said Wade C. Moore and Kathi S. Moore land, point
also being on a non - tangent curve concave Northeasterly having a radius of 252.00 feet to which a radial
line bears North 10 °20'28" East; thence Easterly along said curve through a central angle of 02 °07'20" an
arc distance of 9.33 feet to the true point of beginning.
CLTA Standard Coverage Policy (01/01/1990) Printed: 12.09.14 @ 09:14AM
CA -CT -F WDO- 02180.05 5820 -S PS- 72067 -1 -14- 73714004775
ALL PURPOSE 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 }SS
County of 5o yl 'bif g&o }SS
On —TW 94 N Cl
personally appeared,
who proved to me on the basis of satisfactory evidence to be the personZ whose named
isQ ubscribed to th within instrument and acknowledged to me th he /sh hey xecuted
the same in his /he t el uthorized capacity( e) and that by
his hei signature(oon the
instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing is true and correct.
WITNESS my hand and official seal
Signature �•C.C.C.c
VICKI S. PELLEGRINI
Comm' # 2098690 to
N o NOTARY PDIEGO COUNTY
IA ='
SAN DIEGO COUNTY
,< o. my CoNr UP. FEs. 1, 2019
(SEAL)
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