Covenant Regarding Real Property 2017-0112235q RECORDING REQUEST BY -
CITY OF POWAY
WHEN RECORDED MAIL TO -
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 314-840-18
MORA 16-011
DOC# 2017-0112235
IIIIIIIIIIIIIII01111111111111111111111�III11111�III11111�1111
Mar 10, 2017 02:54 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $24.00
(This space for Recorders Use)
COVENANT REGARDING REAL PROPERTY
PAGES:4
Thomas Sparrvik Trust dated 1/25/2007 ("OWNER" hereinafter), is the owner of real property
commonly known as 13391 Del Poniente 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(C)3 and in consideration of the approval
of Building Permit B16-2131, 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
/J OWNER: /
Dated: /
"4��
Thomas Sparrvik, Trus e (Notarize)
CITY OF POWAY
Dated: �a !-� By,
Rob rt J. Manis, re or f bev,6 toent Services
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CALIFORNIA JURAT WITH AFRANT STATEMENT GOVERNMENT
CODE r
See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
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 Cal' o '
DEW -
County of
maIVONNE MARTINEZNolary Public - California
San Diego County z:Commission # 2150645�_ My Comm. Expires Apr 26, 2020
2
Seal
Place Notary Seal Above
Subscribed and swam to (or affirmed) before me
on thl day of Febmo2l
b Date Month Year
(1�Thc�mc�s c��rry-►
(and (2)_ / ),
"We(s) of Signer(s)
proved to me on the
to be the persons)
Signature
OPTIONAL
Public
me.
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattach U enrt l.. uf th's�lr to a<+ ue6u rck 1 n
Description of Attached Document Y IV}It1 �(C U l t
Title or Type of Document: Docume ate:
Number of Pages: Signers) Other Than
02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-676-6827) Item #5910
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 08-01 AS EVIDENCED BY DOCUMENT
RECORDED SEPTEMBER 22, 2009 AS INSTRUMENT NO. 2009-0527124 OF OFFICIAL. RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 8 OF CITY OF POWAY TRACT MAP NO. 89.09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 8, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 8; THENCE ALONG THE EASTERLY LINE
THEREOF, SOUTH 16044'00" WEST, 297.71 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 28016'00"
WEST, 7.07 FEET; THENCE NORTH 16044'00" EAST, 29284 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID LOT 8, SAID NORTHERLY LINE BEING A 280 FOOT CURVE CONCAVE SOUTHERLY; THE CENTER OF
SAID CURVE BEARS NORTH 17042'40" EAST To SAID POINT; THENCE EASTERLY ALONG SAID NORTHERLY
LME THROUGH A CENTRAL ANGLE OF 01001'24", A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A POR71ON OF LOT 7 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14091, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000 OF OFFICIAL. RECORDS, DESCRIBED
AS FOLLOWS:
BEGINNING AT 771E SOUTHWEST CORNER OF SAID IAT 7; THENCE ALONG THE WESTERLY LINE
THEREOF, NORTH 16044'00' WEST, 15213 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 2816'00"
EAST, 14.14 FEET; THENCE SOUTH 16044'x" WEST, 143.16 FEET TO A POINT ON THE SOUTHERLY LME OF
SAID LOT 7; THENCE ALONG SAID SOUTHERLY LIME NORTH 67024'00" WEST 10.05 FIT TO THE POINT OF
BEGINNING.
THE FOLLOWING RECITAL CONTAINED IN PATENT DEED RECORDED OCTOBER 26, 1938, IN BOOK 835,
PAGE 404 OF OFFICIAL RECORDS, WHICH RECITES IN PART AS FOLLOWS:
SUBJECT TO ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING AGRICULTURAL
MANUFACTURING OR OTHER PURPOSES AND RIGHTS TO D11'CHEiES AND RESERVOIRS USED IN
CONNECTION WITH SUCH WATER RIGHTS.
i0 Twa*X,
AN EASEMENT AND RIGHT OF WAY FOR ROADWAY AND PUBLIC UTILITIES PURPOSES OVER, UNDER
ALONG AND ACROSS ALL THAT PORTION OF LOT 2, SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL. PLAT THEREOF, MORE SPECIFICALLY DESCRIBED AS A 60.00 FEET STRIP OF LAND LYING
EQUALLY 30.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE SOUTH 000 2S 18' EAST (RECORD -
SOUTH 000 01' 00' EAST PER RECORD OF SURVEY 3612L ALONG THE EASTERLY LINE OF SAID SECTION 1,
1299.47 FEET TO A POINT ON THE ARC OF A 600.00 FEET RADIUS CURVE, A RADIAL FROM SAID POINT
BEARS NORTH 20° 16' 45' EAST; THENCE LEAVING SAID EASTERLY LINE, ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF Or 31'08" FOR AN ARC DISTANCE OF 89.21 FEET; THENCE NORTH 610 12'
EXIUBIT A
(Continued)
07' WEST, 295.02 FEET TO THE BEGINNING OF A TANGENT 300.00 FEET RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 35' 26',
FOR AN ARC DISTANCE OF 144.46 FEET; THENCE NORTH 88° 47 33' WEST, 841.27 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LOT 2 SAID POINT LYING NORTH 00' IS' 42' WEST, 738.08 FEET FROM THE
SOUTHEAST CORNER OF SAID LOT 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
88° 47 33' WEST, SIDELINES BEING PROLONGED AND SHORTENED SO AS TO BEGIN AT SAID EASTERLY
LINE OF LOT 2, 267.09 FEET TO THE BEGINNING OF A TANGENT 200.00 FEET RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 83° 37 44', FOR AN ARC DISTANCE OF 29192 FEET; THENCE NORTH 05' 09'49- WEST TO THE
BEGINNING OF A 500.00 FEET RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 13'5r FOR AN ARC DISTANCE OF
394.73 FEET; THENCE NORTH 50° 23' 46' WEST, 392.42 FEET T'0 THE BEGINNING OF A TANGENT 200.00 FEET
RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 39' OT 15" FOR AN ARC DISTANCE OF 13656 FEET; THENCE
NORTH 89° 3 F 01- WEST, 230.58 FEET TO THE POINT OF TERNIINUS ON THE WESTERLY LINE OF SAID LOT 2,
SAID POINT BEING LOCATED SOUTH 00' IF 55- EAST, 30.00 FEET FROM THE NORTHWEST CORNER OF SAID
LOT 2, SAID SIDELINES BEING PROLONGED AND SHORTENED SO AS TO TERMINATE AT SAID WESTERLY
LINE.
.7rl�Il
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, ROAD AND UTILITY PURPOSES, OVER, ALONG AND
ACROSS IAT A (DEL PONIFNTE ROAD) OF SAID MAP NO, 14091. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, ON DECEMBER 5, 2000.
APN. 314-840-18-00