Covenant Regarding Real Property 2017-0368147RECORDING REQUEST BY:
IINIII was] 016PVITIYI
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 272-761-25-00
DOC# 2017-0368147
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Aug 14, 2017 02:12 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $18.00
PAGES:2
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Grabill Family Trust Dated May 15, 2009 ("OWNER" hereinafter), are the owners of real property
commonly known as 17982 Highlands Ranch Place, Poway, CA 92064 ("PROPERTY" hereinafter) and
more fully described in the legal description attached hereto as Exhibit A and made part hereof.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval
of Building Permit B17-1013, 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 a 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: �� OWNER OR AU OR�AG
PauIrJ. Grabill (Notarize)
OWNER OR AUTHORIZED AGENT:
Dated:
Barbara J. Grabill tarize)
CITY OFM
Dated: 3 By: �YJL
o ert J. Manis, Direct r Dev opment Services
I I —C/)(a I
Order No. 400-1575999-37
Exhibit "A"
Parcel I:
Lot 25 of City of Poway Tract No. 88-01, in the City of Poway, County of San Diego, State of California, according to Map thereof
No. 12123, filed in the Office of the County Recorder of San Diego County, July 14, 1988.
Parcel 2:
An exclusive and non-exclusive easement for use, enjoyment, access, ingress, egress, encroachment, maintenance, repair, drainage,
support for other purposes over, across and under Lot 41 of City of Poway Tract No. 88-01, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 12123 filed in the Office of the County Recorder of San Diego County, July
14, 1988, as described and set forth in that certain Declaration of Covenants, Conditions and Restrictions recorded April 22, 1988, in
the Official Records of San Diego County, California, as Document No. 88-187789, as Amended by the First Amendment to the
Declaration of Covenants, Conditions and Restrictions of Highlands Ranch recorded July 15, 1988 in the Official Records of San
Diego County, California, as Document No. 88-341665.
Parcel 3:
An easement for driveway and utility purposes over, under, along and across a strip of land lying within Lot 24 of City of Poway
Tract No. 88-01, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 12123, filed in the
Office of the County Recorder of San Diego County, July 14, 1988, described as follows:
Beginning at the Northeasterly corner of Lot 24 and Highlands Ranch Place a radial line thereto bears North 60°57'32" West thence
South 40°56'48" East 22.00 feet thence North 63°36'38" West 12.53 feet thence North 40°56'48" West 9.00 feet to 40.00 foot radius
curve, a radial line thereto bears North 53039'00" West thence Northeasterly along said curve through a central angle of 7°18'32" a
distance of 5.10 feet to the point of beginning.
Page 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
..
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 SO i jl E/1 )
On rte UST y— u 1-1 before me, 7�1,��tn) s_5AI 1A� i o 6) , OTR 2t1 �I,lb(IG
Date Here Insert Name and Title of the Officer
personally appeared NIA 1 . -T CzIzn ai LL A r0 C] LAP-Af9 iL A 71. C7i2fl i� LL
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.
YVONNE MANNION
Notary Public - California
- San Diego County
Commission M2201766
My Comm. Expires lun 18, 2021
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.
Signature �� a
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: f2 EFYL. R2o2br2Tt1
Document Date: Number of Pages:
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
1 Other:
Signer is Representing:
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