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Covenant Regarding Real Property 1990-407911 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 90 40 JI I (t(),t 07 .~/-/, RECORDING REQUEST BY: 1291 ""D' ,.. ~ ,.." '... .." ,04;';' JUt I:. 0 ~=:: 59 WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 . ,~. i~ f ./- L~~- j~f i Y , I _"0.... No Transfer Tax Due (This space for Recorder's use) RF 6 AR 4 MG 1 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. o,",;jJ.f!!f ~. J. &) h::. im4 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 1293 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 * .. .'0* * .. * *~* .. ~ .. .. .. .. * State of _ * : County of ~ ~~A\ * * * * * * t~9*4* * * * 19 q(j, before me, * * * * ?-~ * * * .. * * * * * * * * * * * v~ this the w~ day of ) SS. ) "+>Wt'LLlS (!flRoc m ANFVL.. the undersigned Notary Public, personally appeared -rut... 1" * * * * * * * * * * * * * * * * .. .. * * * .. .. * * * .. * .. .. .. * * .. * .. * * *. * * * * * * * * * * "1* .. * * .. * .. .. * .. .. .. * * .. * .. 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 * * .. * * * * * .. * * * * * * * * * * .. * * * .. * .. * .. * * * * * * * * * * * * * * * .. * * * * * State of * * County of * * * * * * * * * * * * * On this the _____ day of ) 55. ) 19 , before me, * * * * * * * o personally known to me * * 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. * * the undersigned Notary Public, personally appeared * * Notary's Signature * .. * .. * * * * * * * * * * * * * * * .. * * * * * * * * * * * * * * * * * * * * * * * * * * * * .. CORPORATE ACKNOWLEDGMENT .. * * * * .. * * * * * * * * * * * * * * * * * * .. * * * * * * * *-* * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * On this the day of ) SS. ----- ) 19 before me, * * the undersigned Notary Public, personally appeared o personally known to me * 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. * * * * * * * Notary's Signature + + + + + + + + + + + + + + + + + + + + + + + + ~ ~ ,L .. . . ~ * * * * * * * * * * + * + * * + * * * * * * *