Loading...
Covenant Regarding Real Property 2016-0466181RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317- 200 -11 -00 DOC# 2016 - 0466181 II II I I ! II I! I I I II II I III I I I II II II II I II Sep 07, 2016 09:17 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 Baoyuan Sui and Xia Zhou, Husband and Wife, ( "OWNER" hereinafter), are the owner(s) of real property commonly known as 12328 Boulder View Road ( "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(B)6 and in consideration of the approval of Building Permit B16 -0263, a request to construct a detached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached guest house shall never have complete kitchen facilities installed and will not 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 guest house 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. OWNER: Dated: / ly- -(J aoyuan Sui (Notarize) %,z��yoib 7 , e Dated: Xia Zhou (Notarize) CITY OF POWAY- i Dated: Ilk B : Y ert J. Mani g, Mectek f Dev lopment Services i ALL-PURPOSE CALIFORNIA •D 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 L' �2�1 i before me, j1(1�,nIC�?lk� n ptrT� M �`;hl L Date Here Insert Name and Title of the Officer personally appeared ? CALIFORNIA •D 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 e.�n Die, * *1 _ ) On before me, 1 ,T J r Date Here Insert Name and Title of the Officed personally appeared _X I 2 hc%= Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /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. MONICA I. MARTINEZ WITNESS my hand and official seal. Commission • 2115964 flowy Pumc - Cslitornis Signature Son Obgo County Jun 18 2019 Signature of Notary Pu is Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 z EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 23, WITH THE CENTER LINE OF SAN DIEGO COUNTY HIGHWAY COMMISSION MISSION ROAD 1 -A AS SHOWN ON SHEETS 14 AND 15 OF THE MAP THEREOF ON FILE IN I HE OFFICE OF THE CGUHP( SURN)— R OF SAID SAN DIF_ ;rO COUNTY; THENCE ALONG SAID CENTER LINE SOUTH 00 °04'00" WEST, 146.55 FEET (RECORD = 146.70 FEET) TO THE SOUTHEASTERLY CORNER OF LAND CONVEYED TO THE COUNTY OF SAN DIEGO, BY DEED DATED OCTOBER 14, 1931 AND RECORDED IN BOOK 500, PAGE 231 OF DEEDS; THENCE CONTINUING SOUTH 00 °43'00" WEST ALONG SAID CENTER LINE OF MISSION ROAD 1 -A AND BEING ALSO ALONG THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED TO THE COUNTY OF SAN DIEGO DATED MAY 2, 1955 AND RECORDED IN BOOK 5644, PAGE 233 OF OFFICIAL RECORDS, A DISTANCE OF 342.17 FEET TO THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL OF 31-13-00", A DISTANCE OF 381.38 FEET; THENCE TANGENT TO SAID CURVE AND CONTINUING ALONG SAID CENTER LINE SOUTH 31'561)0" WEST, 216.61 FEET TO A POINT IN THE EASTERLY PROLONGATION OF THE CENTER LINE OF THAT CERTAIN STRIP OF LAND DESIGNATED "EASEMENT RESERVED FOR ROAD" AS SHOWN ON RECORD OF SURVEY MAP NO. 3621, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 87 °42'10" WEST ALONG SAID PROLONGATION AND SAID CENTER LINE 137.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN 1.21 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 3621, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID PARCEL AS FOLLOWS: NORTH 87 °42'10" WEST 209.00 FEET; THENCE NORTH 03° 1120" EAST, 239.43 FEE i1 ; T riENCE NOR n 70 ° 3.^, ��"`.T 1 ° -7.0^ cFEr• T! -IFN� E SOUTH 00 29' 40" EAST 286.73 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS ALL THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 23, DELINEATED AND DESIGNATED "EASEMENT RESERVED FOR ROAD" ON RECORD OF SURVEY MAP NO. 3621, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MAY 17,1955. EXCEPTING THAT PORTION LYING WITHIN PARCEL 1 ABOVE DESCRIBED. Assessors Parcel Number: 317 - 200 -11 -00