Covenant Regarding Real Property 2019-0206937RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
A P N : 314-193-49
CUP 17-012 & DR 17-008
DOC# 2019-0206937
IIIII III II II IIII IIII III II II I I IIIII I III IIIII IIIII III III
May 30, 2019 12:46 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $23.00 (SI32 Atkins: $0.00)
PAGES: 4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Sunview Gardens, a California Corporation ("OWNER" hereinafter) is the owner of real property
commonly known as 13608 Aubrey Street ("PROPERTY hereinafter) and more fully described in the legal
description attached hereto as Exhibit A and made a part hereof.
In consideration of the approval of Conditional Use Permit (CUP) 17-012 and Development Review
(DR) 17-008 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the property shall be
used as a state licensed residential care facility with a maximum of 15 residents and will not be used as a
boardinghouse or other unauthorized land use. The property shall be deemed in violation of the CUP17-
012 and DR17-008 in the event there is no license for a residential care facility on-site and the property is
not vacant.
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 17-012 and DR 17-008 expires or is rescinded by City Council, or the
OWNER terminates the use permitted by CUP 17-012 and DR 17-008, upon the request of the OWNER
the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-012 and DR
17-008 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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 OR AUTHORIZED AGENT:
Sun Gardens
Dated: Zv
ntonio cangeli (Notarize)
Title: —b lxac4�_
CITY OF POWAY:
i
Dated: 2� ( By:
ert J. Man is, i rect6r—ofoeveloirnent Services
CALIFORNIA• •CODE § 1189
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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 San Diego )
On )& -2_ a( -))Cl before me, Yvonne Mannion Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name -M Ware
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/thetr'authorized capacity(les), and that by his/hoer/their signature(s)-on the instrument the person(&),
or the entity upon behalf of which the person(S) acted, executed the instrument.
,. YVONNE MANNION
Notary Public - California a
San Diego County
j Commission # 2201766 [
8 My Comm. Expires Jun 18, 2021
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.k/' CD^^.� -)
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: Looe -ion t- ZezaAAU 1&61
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: -
El 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:
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CALIFORAIIIA ALL-PIRPOSE ACKNOWLEDGMENT CIVIL CODE § 110
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 San Diego )
On d)1.1 :-q . �Julq before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared /C )� r9/6 S
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/slte/they executed the same in
his/her/their authorized capacity(i,es), and that by his/her/their-signature(s) on the instrument the person(*,
or the entity upon behalf of which the person() acted, executed the instrument.
YVONNE MANNION
NotaryPublic-California Z
San Diego County n
Commission # 2201766
My Comm. Expires Jun 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 1Nn^k- dvt.t:,n�
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: lZe/�iac /�] iZQcA�=/* e&A
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
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of California, described as
follows:
PARCEL 1:
LOT 5, OF CITY OF POWAY TRACT 04-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15602, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 10, 2007.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND UTILITY AND
PIPELINE PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTH 20 FEET OF THE WEST 460
FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF.
ASSESSOR'S PARCEL NUMBER: 314-193-49-00