Covenant Regarding Real Property 2017-0108991RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
DOC# 2017-0108991
II III I IIIA I IIII IIII II II 11111111111 IIII I IIII IIII VIII VIII IIII IIII
Mar 09, 2017 09:32 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $21.00
PAGES: 3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Steven Phillip Wagner and Laura Fitzpatrick Wagner Trustees of the Wagner Family Trust Dated
January 21, 2003 ("OWNER" hereinafter), are the owner(s) of real property commonly known as 14375
Harvest Cresent ("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 B16-2363 , a request to construct an 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
X11 OWNE )J
Dated: v -�) � -�t�
Steven Phili Wa' ner (Not rize) /� ,p ,�
Dated: a �oZ (7Ak """71"` C
Laura Fitzpatrick -Wagner (Notarize)
CITY OF POWAY
Dated: �7 By' 4 L
ert J Ma is, cto of evelopment Services
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 278462-11-00
PARCEL A
LOT 25 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12044, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1988, TOGETHER WITH THOSE
PORTIONS OF THE SOUTHERLY, SOUTHWESTERLY AND WESTERLY HALF OF HARVEST
CRESCENT AS VACATED BY RESOLUTION NO. 91-1 20 OF THE CITY COUNCIL OF THE CITY OF
POWAY RECORDED NOVEMBER 1, 1991, AS DOCUMENT NO. 1991-0567612 OF OFFICIAL
RECORDS, WHICH REVERT BY OPERATION OF LAW TO SAID LOT 33.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, UPON AND
ACROSS EDEN GROVE, HARVEST CRESCENT, HARVEST COURT, HARROW LANE, HARROW
PLACE AND BOUNTY WAY, ALL IN THE CITY OF POWAY TRACT 84-08, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12044,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 1 8, 1 988 AS SAID
STREETS WERE VACATED BY RESOLUTION NO. 91-120 OF THE CITY COUNCIL OF THE CITY OF
POWAY RECORDED NOVEMBER 1. 1991. AS DOCUMENT NO. 1991 -0567612, OFFICIAL RECORDS.
CALIFORNIA 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 Q
County of
On :9 6 D r before me, C -�"`•'
Datj D Here serf Name d Title of 0e Pfricer
personally appeared 1 �1 f v !
14 e(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the perso whose name(s) i are
subscrib the within instrument and acknowledge me that he/she/ hey xecuted the sam
his/her eir uthorized capacity(ies), and that by his/her heir ignature(s) on t strument the person(s),
or the entity upon behalf of which the person(s) acted, extrduted the instrument.
MANDY C. SMrrH
COmmlaalOn # 2078026
i • "� Notary Public - Callfornla =
San Diepo County
M Comm. Ex ires Au 16, 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.
WITNESS my hanq,,Ad official seal.
Signature
Signature of Notary 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 ❑ Attomey 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
Fl Other,
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907