Covenant Regarding Real Property 2017-0112237RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074-0789
APN: 278-240-37
DOC# 2017-0112237
II ISI IIII I IIII IIII II II III III IIIII IIII IIII IIII IIII I ISI IIII II II
Mar 10, 2017 02:54 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: 824.00
PAGES.4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Dean C Bayerle and Duana Y Bayerle ("OWNER" hereinafter), are the owners of real property
commonly known as 15535 Eastvale 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 B16-1067, 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:
22 Dean C Bayerle (Notarize)
Dated:J I� �
uana Y BayerleY Bayerle (N�rize)
CITY OF PO Y
Dated:4X6;1,,L
La 7 By'
Robef J. Manis, Director of'Delop ent Services
A.P.N.: 278.24037
PARCEL A:
PARCEL 3 OF PARCEL MAP NO. 19055, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 9, 2002 AS INSTRUMENT NO. 02-7659810F OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PIPELINE PURPOSES OVER AND ACROSS A
STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
NORTH 48 DEGREES 49'30" WEST, 102.14 FEET; THENCE NORTH 85 DEGREES 44'45B" WEST,
106.84 FEET; THENCE NORTH 71 DEGREES 57'45" WEST, 131.15 FEET; THENCE NORTH 03 DEGREES
03'30" WEST, 212.40 FEET TO AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID PARCEL
MAP; THENCE ALONG SAID NORTHERLY BOUNDARY AS FOLLOWS: NORTH 69 DEGREES 18'30"
EAST, 357.15 FEET; NORTH 78 DEGREES 55'45" EAST, 129.28 FEET; NORTH 86 DEGREES 11'00"
EAST, 151.43 FEET; AND NORTH 75 DEGREES 53115" EAST, 226.49 FEET TO THE EASTERLY LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 33.
SAID EASEMENT TO TERMINATE NORTHEASTERLY IN THE EASTERLY LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A HEREINABOVE DESCRIBED.
PARCEL C:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PIPELINE PURPOSES OVER AND ACROSS A
STRIP OF LAND 15.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, THE SOUTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 19055;
THENCE SOUTH 89 DEGREES 41'30" EAST, 41.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 69 DEGREES IB'SO" WEST TO THE WESTERLY LINE OF SAID PARCEL 1. SAID EASEMENT TO
TERMINATE SOUTHWESTERLY IN THE WESTERLY LINE OF SAID PARCEL 1.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCEL B HEREINABOVE DESCRIBED.
PARCEL D:
EXHIBIT A
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER A STRIP OF LAND 40.00
FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 32 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33 IN
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER
LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER'OF THE SOUTHEAST
QUARTER OF SAID SECTION 32; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 32,
NORTH 89 DEGREES 47'40" EAST, 161.47 FEET TO THE SOUTHEASTERLY CORNER OF LAND
DESCRIBED IN PARCEL 1 IN DEED TO GILBERT C. MITFER, ET UX, RECORDED FEBRUARY 4, 1957 IN
BOOK 6442, PAGE 502 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID
PARCEL 1 OF MILLER S' LAND AS FOLLOWS: NORTH 10 DEGREES 42'40" EAST, 113.04 FEET TO AN
ANGLE POINT THEREIN; NORTH 21 DEGREES 47'20" EAST, 129.99 FEET; NORTH 18 DEGREES
27'20' WEST, 90.59 FEET; NORTH 01 DEGREES 41'50" EAST 184.75 FEET; THENCE NORTH 12
DEGREES 21'40" TO THE CENTER LINE OF EASTVALE ROAD WHICH WAS DECLARED TO BE A
COUNTY HIGHWAY ON DECEMBER 20, 1966 BY RESOLUTION NO. 63 OF THE BOARD OF
SUPERVISORS OF SAN DIEGO COUNTY AND RECORDED JANUARY 6, 1967 AS INSTRUMENT NO.
2549 OF OFFICIAL RECORDS, SAID TERMINUS BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89 DEGREES 41'30" EAST TO THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP,
SAID EASEMENT TO TERMINATE WESTERLY IN THE EASTERLY BOUNDARY OF SAID MIL.LER'S LAND
AND TO TERMINATE EASTERLY IN THE WESTERLY UNE OF PARCEL 1 OF SAID PARCEL MAP.
7S3I4R4
AN EASEMENT AND RIGHT OF WAY FOR ACCESS, INGRESS AND EGRESS, PRIVATE ROAD AND
UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG, ACROSS AND
THROUGH THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 19055 IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SEPTEMBER 9, 2002 AS INSTRUMENT NO. 02-765981 OF OFFICIAL
RECORDS, DESIGNATED AND DELINEATED AS "25 WIDE PRIVATE ROAD AND UTILITY EASEMENT
FOR THE BENEFIT OF PARCEL 3 RESERVED HEREON."
PARCEL F:
AN EASEMENT AND RIGHT OF WAY FOR ACCESS, INGRESS AND EGRESS, PRIVATE ROAD AND
UTILITY PURPOSES AND APPURTENANCES THERETO OVER. UNDER, ALONG, ACROSS AND
THROUGH THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 190SS IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SEPTEMBER 9, 2002 AS INSTRUMENT NO. 02-7659810F OFFICIAL
RECORDS, DESIGNATED AND DELINEATED AS "PRIVATE ROAD EASEMENT RESERVED HEREON. -
EXHIBIT A
CONTINUED
'�'ALIIFORINIIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 �i/1 Vie 0 ) J
On _/ tOr`G4 20/� before me, dliq-41 Ir -G'
Date Here /le
sertlVame and Title of(, ee Officer
personally appeared CGrg C� • I� e�l�- eyi c U()n4e, 7 . F� �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be theerson(s) whose name(s) jdare
subscribed to the within instrument and acknowledged to me that ~they executed the same in
his/ w/their authorized capacity(ies), and that by (sis�/tle(their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
CLAUDIA IVETTE RAFFANTI
Commission a 208458
Notary Public - California
San Diego County
My Comm. E Tres Oct 2, 2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESSmy n and official seal.
Signature
Signat re o otary Public
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:
CM 1 � � � � � � - • � :11 � irr '1