Covenant Regarding Real Property 1990-561642
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90561642
RECORDING REQUEST BY:
CITY OF POWAY
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's
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COVENANT REGARDING REAL PROPERTY
Michael D. Collette and peggy Y. Collette, husband and wife as
joint tenants ("OWNER" hereinafter) is the owner of real property
described in Exhibit A which is attached hereto and made a part
hereof and which is commonly known as Assessor's Parcel Number 323-
010-03 located at 13969 Bernadotte Lane Poway, California, desires
to construct a 1,125 square foot attached garage and workshop as an
accessory structure to an existing single-family residence.
That in consideration of the permission granted by the City of
poway by the approval of a building permit to allow construction of
a 1,125 square foot attached garage and workshop does hereby
covenant and agree to and with said The City of Poway, a municipal
corporation, that said garage shall be exclusively for the storage
of the owners' private vehicles and sculpting activities. No
commercial sales, repair, or restoration of cars or public
exhibition of art work is permitted on this site. The applicant
further agrees that no portion of the garage shall be converted to
habitable space or utilized for living quarters without first
obtaining approval of the required permits from the City of Poway.
That this agreement shall run with the land for the protection
and benefit of all parties concerned, and that if the property
should hereafter be conveyed to any other person, firm, or
corporation that the instrument by means of which title or any
interest in or to said real property, or any parcel thereof is
conveyed will contain a restriction limiting the use of the part or
parcel so conveyed, or in the event of the conveyance of the whole
of said property hereinbefore described, then to use the whole of
said property in keeping with this agreement.
That if said agreement is violated at any time, action shall
be taken by the City of poway to revoke permission for use as
herein stated.
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....RCEL 1:
THAT PORTION OF LOT I, -NORTHWEST QUARTER OF THE NORTHWEST QUARTER-
OF SECTION lB. TOWNSHIP J4 SOUTH. RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOf, APPROVED
SEPTEMBER II, 1B79 OESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1B; THENCE
ALONG THE NORTHERLY LINE THEREOf SOUTH 88009'40" EAST, 951.35
fEET TO THE TRUE POINT Of BEGINNING; THENCE SOUTH 9059'40" EAST
344.29 FEET TO TilE CENTER LINE OF THAT CERTAIN 60.00 FOOT STRIP
Of LAND SHa4N AND DESIGNATED ON RECORD Of SJRVEY HAP NO. 3661
AS "EXISTING EASEMENT RESERVED fUR ROAD". BEING THE NORTHEASTERLY
CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 1 AS CONVEYED
TO R. K. TRESTRAIL, ET UX, BY DEED RECORDED JULY 3, 1956 IN BOOK
6164. PAGE 307 OF OFFICIAL RECORDS. AND BEING ALSO THE BEGINNING OF
A 550.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY TilE CENTER OF WIlICIl
BEARS SOUTH 9059'40" EAST, THENCE EASTERLY ALONG THE ARC Of SAID
CURVE, BEING ALONG THE CENTER LINE OF SAID 60.0 FOOT EASEMENT, 100.47
fEET THROUGH A CENTRAl ANGLE Of 10028'00"; THENCE TANGENT TO SAID
CURVE SOUTH 89031 '40" EAST. 33.90 fEET; THENCE NORTH 00028'20" EAST
324.73 FEET TO A POINT OF THE NORTHERLY LINE OF SAID SECTION lB.
DISTANT TilER EON SOUTH B8.09'4~' EAST, 196.39 FEET FROM TilE TRUE POINT
OF BEGINNING; THENCE ALONG SAID NORTIlERLY LINE NORTIl 8B'09'40" WEST
TO THE TRUE POINT OF BEGINNING.
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PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES OVER TIlAT PORTION OF SAIO LOT I,
DESCRIBED AS FOLLWS:
BEGINNING AT TilE NORTIlWESTERLY CORNER OF THE ABUVE DESCRIBED PARCEL
OF' LAND: THENCE ALONG THE NORTHERLY LINE OF SAID SECTIDrJ 13, NORTH
88009'40" WEST 599.01 FEET TO THE CENTER LINE OF THAT CERTAIN STRIP
OF LAND SIlOWN ANO DESIGNATED ON SAID RECORD OF SURVEY MAP NO, 3661
AS -"EXISTING 60 fOOT EASEMENT RESERVED FOR ROAD". BEING A POINT
ON THE ARC OF A 200.00 FOOT RADIUS QJRII/=: L:OIIICAVE NORTHW'ESTERLY THE
CENTER OF WHICH BEARS NORTH 64017'10" WEST; THENCE SOUTHWESTERLY ALONG
TilE ARC OF SAID CURVE. BEING THE CENTER LINE OF SAID 60 FOOT EASEMENT,
TO AN INTERSECTION WITIl A LINE THAT IS PARALLEL WITH AND 20.00 FEET
SOUTIlERLY OF ANO MEASURED AT RIGIlT ANGI.ES TO TilE NORTHERLY LINE OF
SAID SECTION 18: THENCE ALONG SAID PARALLEL LINE SOUTH 88'09'40"
EAST TO THE WESTERLY lINE OF THAT PARCEL OF LAND fIRST ABOVE DESCRIBED;
THENCE ALONG SAID WESTERLY LINE NORTH 9059'40" WEST TO THE POINT OF
BEGINNING.
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iENERAI. ACl:NOWLEDGMENT
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State of (lJILlFt?I?A/J,4 On .his the ~ day of
) SS.
)
'fJffVLUS.
the undersigned
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ca~
(!/leOi.. mf!rIVFtJl.-
Notary Public, personally appeared
* * * * * * * * * 51D*
1990. before me, *
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County of .:5flN 7)/(;&"0
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''7tE:G?'r' YilOliIVc c?oac=rrF 1411I0 /J?/t!.f/IIGL 1:>, (fOLLerTG" , *
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.-----a Ilersena 11) ~hc,w" to me *
. ~proved to me on the basis of satisfactory evidence :
m b~ the person(s) whose name(s) fllll!=- subscribed *
to the within instrument, and acknowledged that ~H~~ *
executed it. *
k~d ~':::;~ :
otary' Signature *
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OFFICIAL SEAL
PHYLLIS CAROL MANFUL
rWTARY PUBLIC - CALlFORNIA
S/lN DIEGO COUNTI
My comm. expires NO'J 29, 1991
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PARTNERSHIP ACKNOWLEOGMENT
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* State of On thi s the day of 19 . 'before, me, *
* ) SS. - *
* County of ) *
* the undersigned Notary Public, personally appeared *
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* 0 personally known to me *
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* [] proved to me on the basis of satisfactory evidence *
* to be the person(s) who executed the within instrument *
* on behalf of the partnership, and acknowledged to me that *
* the partnership executed it. *
* WITNESS my hand and offi cia 1 seal. *
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* Notary's Signature *
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CORPORATE ACKNOWLEDGMENT
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* State of
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On this the _____ day of
) SS.
)
19 ,before me, *
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to *
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* County of
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the undersigned Notary Public, personally appeared
[] persona1'ly known to me
[] proved tQ me on the basis of satisfactory eviden~e
be the person(s) who executed the within instrument as
or on behalf of the corporation
therein named. and acknowledged to me that the corporation *
executed it. *
WITNESS my hand and official seal. *
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Notary I S Signature
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