Covenant Regarding Real Property 2016-0697482RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
DOC# 2016- 0697482
Dec 20, 2016 02:09 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $21.00
PAGES 3
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 323 -010 -36 and 323 - 010 -37
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Ann O Reno Land Trust Dated April 14, 2011 ( "OWNER" hereinafter), is the owner of real
property commonly known as 13427 Ann O Reno Lane ( "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 -0729, 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.
OWNER:
Dated: / 2 �5�2 O/ 7� L& t cc o P o �A_ U
Mercedes J gui, Trust (Notarize)
CITY OF P WAY:
I . Z_ )
Dated: �% By:
Flo pert J. Manis, irect Dev opment Services
i� -O Z
Exhibit "A"
Parcel 1
That portion of Lot 1 ('.Northwest quarter of the Northwest quarter) of Section 18, Township 14 South, Range 1 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11,
1879, described as follows:
Commencing at the Northwest corner of said Section 18, thence along the Northerly line thereof South 88" 09' 40" East, 951.35 feet;
thence South 9" 59' 40" East, 344.29 feet to the Northeasterly comer of that certain Parcel of Land described in Parcel I as conveyed
to R. K. Trestrail, et ux, by Deed recorded July 3, 1956 in Book 6164 Page 307 of Official Records, being a point in the center line of
that certain 60.00 foot strip of land shown and designated on Record of Survey Map No. 3661, as "Existing Easement Reserved for
Road ", being also the Westerly terminus of a 550.00 foot radius curve concave Southerly, the center of which bears South 9" 59'40"
East; thence Easterly along the arc of said curve, being along said center line, 100.47 feet through a central angle of 10° 28' 00" ;
thence continuing along said center line tangent to said curve South 89° 31' 40" East, 67.39 feet; thence South 00" 28' 20" West,
363.16 feet; thence North 89" 31' 40" West (record South 89" 31' 40" West per Record of Survey Map No. 3661) 5.39 feet; thence
South 00° 28'20" West 298.65 feet to the True Point of Beginning; thence South 73" 24' 00" East, 177.49 feet to the Easterly line of
said Lot 1; thence along said Easterly line South 00° 28' 20" West 296.88 feet to the Southeast comer of said Lot 1; thence along the
Southerly lice thereof North 88° 43'40" West 284.79 feet, more or less, to a point distant thereon South 88° 43'40" East, 1139.91 feet
from the Southwest comer of said Lot 1; thence North 18" 56' 12" East, 360.78 feet to the True Point of Beginning.
1 Excepting therefrom that portion conveyed to John T. Benson and Elizabeth T. Benson, husband and wife as joint tenants, as fully
described on that Grant Deed recorded on December 29, 1972 as Instrument No. 345252 of Official Records of said County.
Parcel 2:
An easement for road purposes over the Southerly 20 feet of the Northerly 3 /5th and over the Northerly 20 feet of the Southerly 2/5th
of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 18, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to United States Government Survey approved February 24, 1876.
Parcel 3:
An easement and right of way for road and public utilities and purposes incidental thereto over, under, along and across that portion of
the Westerly 60.0 feet of the Easterly 195.00 feet of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11,
1879, lying Northerly of the Northerly line of Ann -O -Reno Terrace, according to Map thereof No. 5971, filed in the Office of the
County Recorder of San Diego County, October 11, 1968.
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 1�aA D Q4D ) /1
On _b2c d a Ito before me, � S . La jo i &%D t a/rt Pj 1--6
Date Here Insgrf Name and Trtle of the Officer
personally appeared ✓iNirL ,&f -TaiAre ;
Names) 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.
WITNESS my hand and official seal.
CAROLS. LEGG
Comm 210 itafon • 2105116 .�
-: Notary Public - CaMornia Signature
So Dlw CouMy Signature of NotaO0341ic
My Conn. Opires 28.2019
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 n
Title or Type of Docum nt: Q��pA4.rt aa- &4. fr� oc ment
Number of Pages: = Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers) f`
Signer's Name: ✓fklr rtc,
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Date:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
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