Covenant Regarding Real Property 1990-506939
CITY OF POWAY
1484
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REGARDING REAL PROPERTY
90 506~ 9
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RECORDING REQUEST BY:
,nqr: ,~o 11 'M 10: 40
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WHEN RECORDED MAIL TO:
v'Cf'A \". L'!LE I
,~~OUNi Y HECOf-:DER I
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
RF 5
AR 3
MG 1
No Transfer Tax Due
COVENANT
use)
THIS COVENANT made the lOth day of September, 1990,
WITNESSETH: That Richard Darr 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 317-
490-57, 12957 poway Road, CA, desires to construct a 1,341 square
foot addition to a 1,353 square foot restaurant which will serve
alcoholic beverages.
That in consideration of the permission granted by the City of
poway by the approval of CUP 90-05 and DR 88-01 and issuance of a
building permit to allow construction of a two-story restaurant
structure does hereby covenant and agree to and with said The City
of Poway, a municipal corporation, that said restaurant shall never
be rented, leased or otherwise used as a separate office without
the provision of a ramp or elevator. The applicant further agrees
that equivalent facilitation for handicapped access shall be
provided within the building through the provision of equal
storerooms on both floors and a downstairs office. Annual interior
inspection of the premises by a staff planner shall be allowed in
accordance with Municipal Code Section 17.48.140 to monitor
compliance.
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, 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 the conditional use permit
and development review.
Dated: r- I;J - 'ftJ
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1485
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On this the kday of Jl~__6M./ 19'70, before me, *
(~-"M'~~~./ ,:
the udersigned Notary Public, personnally appeared *
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SS.
GENERAL ACKNOWLEDGMENT
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* State of &I'-:~
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: County Of.Jev" ILjr )
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* Notary's ignature *
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OFFICIAL SEAL
PATRlOA sue NElSON
NOTARY PUBLIC' CAlIFORNIA
!WI DIEGO COUlOY
My ..mm. expires NOV 29, 19111
[] personally known to me
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~ proved to me on the bas~of satisfactory ev, idence to *
'ife1:he person~ whose name~ '- i So - subscribed to *
the within Instrument, and acknowledged that Vl€- *
executed It.
WITNESS my hand and official seal.
1486
II property in the City of
I of San Diego
I State of California, described as
p1\RCEL 1: The Easterly 150.00 feet of the Northerly 4l1.00 feet of the Southeast
Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino
Heridian, in the County of San Diego, State of California, according to
United states Government Survey, approved November 19, 1880.
Excepting therefrom that portion as set forth in that certain Final Order
of Condemnation by the County of San Diego for realigrunent and >ddening of
Poway Road and recorded February 9, 1965 as File No. 23898 of Official
Records.
PARCEL 2: J\n casement for Ingress and egresS for road and public utility purposes over,
under,;along, and across the Southerly 21.00 feet of the Northerly 4l1.00
feet of the East Half of the Southeast (~uarter of Section 14, Township 14
South, H.ange 2 west, San Bernardino Heridian, ill too County of San Diego,
state of California, according to United States Government survey, approved
November 19, 1880. EXCEPTING therefrom, that portion lying within Parccl 1
hereinabove described.
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