Covenant Regarding Real Property 1990-407911
CITY OF POWAY
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RECORDING REQUEST BY:
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Frank Whitty and Tazu Whitty, husband and wife ("OWNER" hereinafter) are the
owners 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
321-180-06, located at 13992 Putney Road, Poway, California, desires to
construct a 324 square foot cabana and 720 square foot detached garage as
accessory structures to an existing single-family residence with converted
garage under construction.
That in consideration of the permission granted by the City of poway by the
approval of two building permits to allow construction of a 324 square foot
cabana and 720 square foot detached garage does hereby covenant and agree to and
with said The City of Poway, a municipal corporation, that said cabana shall
never be rented, leased or otherwise used as a second unit and no second kitchen
shall ever be installed. Further, that said garage shall be used exclusively
for the storage of the owner's private vehicles. No commercial sales, repair,
or restoration of cars is permitted on this site. The applicant further agrees
that no plumbing shall be installed and no portion of the garage shall be con-
verted 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 con-
veyed will contain a restriction limiting the use of the part or parcel so con-
veyed, 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
thi s agreement.
Dated: rj tjlrt 0
Dated: J&tI'J b , (?Jo
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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OWNER ('N~ ze) I
ORDER NO. 3723-01
1292
LEGAL DESCRIPTION
PARCEL 1: ,
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF LOT
3 IN SECTION 7, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 3 WITH THE
SOUTHERLY LINE OF THE NORTHERLY 141.55 FEET OF SAID SOUTlmEST QUARTER OF
THE SOUTHWEST QUARTER OF LOT 3; THENCE EASTERLY ALONG TilE SOUTHERLY LINE
OF SAID NORTHERLY 141.55 FEET TO AN INTERSECTION WITII THE EASTERLY LINE
OF THE I'IESTERLY 142. 00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTffivEST
QUARTER OF SAID L01' 3; THENCE NORTHERLY ALONG SAID EASTERLY LINE A
DISTANCE OF 5.50 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTHERLY LINE
OF SAID LOT 3 A DISTANCE OF 102.29 FEET, MORE OR LESS, TO AN INTERSECTION
WITH THE WESTERLY LINE OF THE EASTERLY 90.00 FEET OF THE SOUTlIlvEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID LOT 3; THENCE SOUTHERLY ALONG
THE WESTERLY LINE OF SAID EASTERLY 90.00 FEET A DISTANCE OF 201.00 FEET,
MORE OR LESS TO THE INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 3;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE, 244.29 FEET, MORE OR LESS, TO
THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE
WESTERLY LINE THEREOF TO TilE SOUTHWESTERLY CORNER OF SAID LAND DEEDED TO
CLIFFORD T. BOUP ET UX BY DEED RECORDED JANUARY 7, 1971 AS FILE NO. 3656
BEING THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 3 WITII THE
SOUTHERLY LINE OF THE NORTHERLY 141.55 FEET OF THE SOUTHWEST QUIIRTER OF
THE SOUTHWEST QUARTER OF SAID LOT 3; THENCE EASTERLY ALONG SAID SOUTHERLY
LINE A DISTANCE OF 113.00 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE
TO THE INTERSECTION WITH SAID WESTERLY LINE OF LOT 3, DISTANT THEREON
16.00 FEET SOUTHERLY OF THE POINT OF BEGINNING; THENCE NORTHERLY ALONG
SAID WESTERLY LINE 16.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER, UNDER, IILONG AND
ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH, LYING WITHIN THE SOUTHWEST
QUARTER OF LOT 3 IN SECTION 7, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
FEBRUARY 24, I076, THE SOUTHERLY LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
,OilDER NO. 3723-01
LEGAL DESCRIPTION - Continued
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BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 7,
DISTANT THEREON SOUTH 88011'40" EAST, 394.30 FEET FROM THE NORTHWESTERLY
CORNER OF SAID LOT 4, SAID POINT OF BEGINNING BEING THE NORTHERLY
TERNINUS OF TilE EASTERLY LINE OF ROAD SURVEY NO. 1470, KNOWN AS PUTNEY
ROAD, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED ~IAY 21,
1956 IN BOOK 6107, PAGE 502 OF OFFICIAL RECORDS AND SAID EASTERLY LINE OF
PUTNEY ROAD, BEARING FOR REFERENCE, SOUTH 00034'50" EAST, PARALLEL WITH
THE WESTERLY LINE OF SAID LOT 4, FROM SAID POINT OF BEGINNING; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 4 BEING ALONG TilE SOUTHERLY LINE OF
SAID LOT 3; NORTH 88011'40" WEST, TO THE INTERSECTION OF TilE WESTERLY
LINE OF THE EASTERLY 90.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID LOT 3 WITH SAID SOUTHERLY LINE OF LOT 3. THE NORTHERLY
LINE OF SAID EASEMENT TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON
THE EAST IN THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
PUTNEY ROAD AND TO TERMINATE ON THE WEST IN THE WESTERLY LINE OF THE
EASTERLY 90.00 FEET OF THE SOUTHWEST QUARTER OF TilE SOUTHWEST QUARTER OF
SAID LOT 3.
GENERAL ACl::NOWLEDGMENT
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v~ this the w~ day of
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the undersigned Notary Public, personally appeared
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Pl2l'7tYk -:r:; WHITTY .RhO T;l'J2U L.U1f17TY
~ J.It:1 :>UlIQ 11y k.uuwlI lu IIn;;
~proved to me on the basis of satisfactory evidence
~ be the person(s) whose name(s) !1a~ subscribed
to the within instrument, and acknowledged that ~Ii~
executed it.
NESS my hand and official
OFFICIAL SEAL
PHYLLIS CAROL MANFUL
NOTARY PUBLIC - CAUFORNIA
SIIlN DIEGO COUNTY
My comm, expires NDV 29, 1991
PARTNERSHIP ACKNOWLEDGMENT
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* State of
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On this the _____ day of
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o personally known to me *
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o 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 official seal. *
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the undersigned Notary Public, personally appeared
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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
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before me, *
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the undersigned Notary Public, personally appeared
o personally known to me
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o proved tQ me on the basis of satisfactory eviden~e to *
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's Signature
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