Covenant Regarding Real Property 2016-0466182� j t
RECORDING 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 - 0466182
II I III II I I III I I I III II I III I li I I I I II II II I I II
Sep 07, 2016 09:17 AM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES $2400
(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 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 B16 -0266, 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: ) / j � /�'O 16
Dated: 6440
OWNER:
/J?;4�
Baoyuan Sui (Notarize)
a
Xia Zhou (Notarize)
CITY OF P AY:
By:
o ert J. Piani Dirdctor4of veI pment Services
10- 030
CALIFORNIA • •
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 Z ` before me,
Date 7 i_ Here Insert Name and Title of the Officer-)
personally appeared t ,7 ? 'l
\r
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.
ComeMSSlon #t 2115964
Notary Public - California =
San Diego County Signature l
My Comm. Explies Jun 18 2019 t Signature of Notary Public
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 — r- Limited -1 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — C Limited :�] General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 �i'Zci before me, mc,,a_m,,(,
Date Here Insert Name a I4Title of the Officer
personally appeared
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
Notary ary Pu Publili c - California =
San Diego County Signature
COML Evires Jun 18 2019 Signature of Notary Publi
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 ! 1 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F-1 Other:
Signer Is Representing:
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
PARCEL1:
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 THE OFFICE OF THE COUNiTY St;^ v n-R OF SAID SAN nlFrO rOUNTY; 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 31-13-09', A DISTANCE OF 381.38 FEET; THENCE TANGENT TO
SAID CURVE AND CONTINUING ALONG SAID CENTER LINE SOUTH 31 °56'00" 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-i ; THENCE NOR " 78 °.30'00" V�".r.T 1o7,nn E r T41FN! F 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