The URL can be used to link to this page

Covenant Regarding Real Property 2019-0354721RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY'CA 92074-0789 APN: 314-193-48 CUP 17-011 & DR 17-007 DOC# 2019-0354721 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII illll IIII IIII Aug 21, 2019 10:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 4 Terry Wery ("OWNER" hereinafter) is the owner of real property commonly known as 13612 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) 17-011 and Development Review (DR) 17-007 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- 011 and DR17-007 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 In the event that CUP 17-011 and DR 17-007 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 17-011 and DR 17-007, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-011 and DR 17-007 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. Dated: OWNER OR AUTHORIZED. AGENT: CITY OF P AY: Dated: / By: fRhibert J. Manis, Director ofpevopment Services •I 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 California ) Count of � ) On U:0. before me, i Notary Public, 6 Date Here InsertAla-me and Title of the Officer personally appeared , Nan e) of Signer(s) who proved to me on the basis f satisfactory evidence to be the pers ;;I whose nami isr\e subscribed to the within instrument and acknowledged to me that1Wshe/?tNy'executed the same in ibis/herlfilgeir authorized. capacity, and that by `.- §/he)Abeir signature'( on the instrument the person(s), or the entity upon behalf of which the person�,acted, executed the instrument. 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. PATRICIA S. O'SULLIVAN , ` ~f NotPublic - CdlifOrnia x z a San Diego County > Signature ,Z�1,0 A Commission = 2231893 Signature of Notary Public Nly Comm. Exp;re's Mc r 22.2022 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 Do ument Title or Type of Document. LIm-zm Document Date: 8J4.01 / � Signer(s) Other Thah Named Above: Capacity(ies) Cla' ed by Sig er(s) Signer's Name: ❑ Corporate Officer — ' le(s): ❑ Partner — ❑ Limited ❑ General �ee dual ❑ Attorney in Fact ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'Y`�'V.WVW=�'N�``_�.V``='V�JWY �V�`^':7.��' +=N•.-'V�='N.�Y W��Y�WV„��V��V_ ._ - ._. _ � ._. ..� _ _, .�'� 02016 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA• • •GMENT 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 San Diego On j U&MOL 14 .100 before me, Yvonne Mannion Notary Public , Date Here Insert Name and Title of the Officer personally appeared K-1_.Obp!t NVOL(I i 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/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 Z San Diego County Z 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 LIOLA _ j (/1 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: C 00en� 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: -1 `011 / ill_ 1-1 "1301 Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.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 4, 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: 314-193-48-00