Loading...
Release of Covenant 2023-02283278/22/23, 12:33 PM Batch 16224893 Confirmation DOC#r 2023-0228327 RECORDING REQUESTED BY: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Aug 22, 2023 11:47 AM Clerk, City Council OFFICIAL RECORDS City of Poway JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) WHEN RECORDED MAIL TO: PAGES: 7 City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk APN: 321-110-05 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of —7 ?—rg Z , is executed and delivered by the CITY OF Poway, a municipal corporation ("C'), o and in favor of Van Den Haute Family Trust 04-06-21 and their successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 321-110-05 commonly known as 15455 Running Deer Trail, Poway, CA 92064 ("Property' hereinafter). B. The Owner applied for a Building Permit B08-1138 from the City on August 29, 2008, to allow the construction of a detached habitable accessory structure. The permit was never issued, and the plan check expired. Prior to the aforementioned expiration and in anticipation that a building permit would be issued, Owner and the City executed a document entitled "Covenant Regarding Real Property" as required by the Poway Municipal Code, which was recorded with the San Diego County Recorder's Office on January 23, 2009, as Document Number 2009-0033677 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Attachment "A". Because the building permit application has expired and the guest house was never constructed, the aforementioned covenant is not applicable to the property. C. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: The requirements imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. This Release shall inure to the benefit of Owner and its successors and assigns and shall be binding on the City and its successors and assigns. https://gs.secure-erds.com/Batch/Confirmation/16224893 1/2 RECORDING REQUESTED BY: Clerk, City Council City of Poway WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk APN: 321-110-05 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of—7/?-s/Zo1.3 , is executed and delivered by the CITY OF Poway, a municipal corporation (n (n and in favor of Van Den Haute Family Trust 04-06-21 and their successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 321-110-05 commonly known as 15455 Running Deer Trail, Poway, CA 92064 ("Property" hereinafter). B. The Owner applied for a Building Permit B08-1138 from the City on August 29, 2008, to allow the construction of a detached habitable accessory structure. The permit was never issued, and the plan check expired. Prior to the aforementioned expiration and in anticipation that a building permit would be issued, Owner and the City executed a document entitled "Covenant Regarding Real Property" as required by the Poway Municipal Code, which was recorded with the San Diego County Recorder's Office on January 23, 2009, as Document Number 2009-0033677 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Attachment "A". Because the building permit application has expired and the guest house was never constructed, the aforementioned covenant is not applicable to the property. C. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: The requirements imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. 2. This Release shall inure to the benefit of Owner and its successors and assigns and shall be binding on the City and its successors and assigns. IN WITNESS WHEREOF, City and Owner have executed this Release as of the date first written above. CITY OF POWAY, A MUNICIPAL CORPORATION By: -/"V. C Robej J. Manis, Director of D veI ment Services OWNER OR AUTHORIZED AGENT: Van Den Haute Family Trust 04-06-21 Dated: % 2-3 Anne H. Van Den Haute, Trustee Dated: Iz e /G,23 A OL � A42 i ric P: Van= -Den --Haute; Trustee (Signatures must be notarized) CALIFORNIA-. • •• 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 On - 2P) - ZnTS before me, jjA4 Q0— Notary Public, Date Here Insert Name and Title of the Officer personally appeared ,�K3iNt -y�N hk, Mal-,rrt hl� 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. ROBERT HARR c-.��,.k'�a: Notary Public -California i=�.:i,..,. = San Diego County > ` �="��`�` Commission x 2298649 My Comm, Expires Aug 21, 2023 I certify under PENALTY OF PEI of the State of California that th is true and cjhandan WITNESS cial Signature Signature of RY under the laws regcing pgrgraph 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: 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: 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: 02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 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 ) County of San Diego ) On July 27, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Robert J. Manis 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. OM YVONNE MANNION Notary Public - CaliforniaSan Diego CountyCommission R 2363699 y Comm. Expires Jul 1, 2025 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. r Signature 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: Release of Covenant for B08-1138 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthPr- Signer Is Representing: ©2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 .APN: 321-110-05 DOG p 2009-0033677 IIIIIIII 11I 111I 1V111!11I 11111 1111111111 IN III iJFFILIAL RECORC,'; SAN CIIEGCi COUNTY REFORDER'S UFFICE DAVID L. BUTLER, COUNTY REC :s TRUER FEES: I h.00 PAGES: 3 (This space for Recorder's Use) �,V V 4 COVENANT REGARDING REAL PROPERTY George Robert Meyer, Trustee of the George Robert .Meyer 2004 Family Trust, Dated "March '10, 2004, a Revocable Living Trust, ("OWNER" hereinafter); is the owner of real property commonly known as 15455 Running Deer Trail ("PROPERTY hereinafter), and more fully described in Exhibit A. In consideration of approval by the City of Poway ("CITY" hereinafter) of a Building Permit for a detached, single -story, .953-square-foot guest house, OWNER hereby agrees that the guest house shall never be rented or leased as a separate unit, no complete kitchen facilities shall be installed, and. no gas line and/or 220 ampere electrical service shall ever be installed, except for that to be used solely for water heater and.heating purposes. 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 thata Building Permit is never obtained to construct the detached accessory structure at the request .of the OWNER, the CITY shall expunge this Covenant from the record title,of,the PROPERTY. If either party is required to incur costs 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. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against the OWNER. OWNER George Robert Meyer 2004 Family Trust, Dated March 10, 2004 Dated: 0 1 20 0-1 By: �4vu ` eo Robert Meyer, Trustee CITY O POWAY: Dated: 12 2�/Q Sr By: x1aj o ert J. Man' Direetor o velopment Services M:\p1anning\oda\MDRAS\MDRA07-52 Guest cov.docx ATTACHMENT A o9-003 FOR c e e -�S:'3 n. '.�i� s?S• �...nt..� .�?S.. �S iS�+?S.. �'7• s�S. ...... i.6�' .5�3 .c]• 1S a. ��:?S!'Ai.oaS.:�i..: >. c�i..s�t� S S..s�, S.. S�..?lt'.�. rt pa ..�S.:aa State of California County of San Diego On1IA�1,�,'o 2P20b&fore me, Phyllis Shinn, Notary'Public Date /� Here IInns�ed Name and Title of the Officer �C personally appeared 0261, E" Name(s) of Signers) PHYLLIS SHINN CommInlon a 17788g8 Nofory.Public - California ticn. Diego County, Wov Place Notary Seal Above who proved to:.me.on the basis of satisfactory evidence -to be the persori% whose-name(k is/ to the within instrument and acknowledged to me that" he/s/fly executed:the same in his/ir/thCauthorized capacity(it�, and that by his/*/tby� signature(koh the instrument the- personN, or the entity upon behalf of which the persorl(Vacted, 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.haqond official seal Signature - Signature of Notary Public OPTIONAL Though'the Information below IS not required bylaw, it may prove valuable to persons.relying on the document and could preveni fraudulent removal'and reattachment of this form to another document. D`escription_of Attached Document_ / Title or Type of Document; Co1/6�� Document Date: )-TC-nz5e2 Z'7 Zz)y Number of Pages: �— Signer(s) Other Than Named Above: Capacity(ies) Claimed by,Signer(s) tW� Signer's Name: Signer's- Name; ❑ .Individual ❑Individual ❑ Corporate Officer —Title(s): O.Corporate:Officer_—Title(s): 0 Partner — ❑ Limited ❑ General ❑'Partner -- ❑ Limited ❑General _ ❑ Attorney in Fact ❑Attorney in'Fact ❑ Trustee To of thumb:here. ❑ Trustee Top of thumb here' 'O: Guardian or Conservator ❑ Guardian or Conservator ❑ Other; ❑ Other. Signer Is Representing:' Signer Is Representing: 02007 National Notary Assocla10ri. 9350 be Soto Ave., R.O.6ox 2402! Chatsworth, CA81313-24o2-wv.wM0dhi lNotary.ag; tlem R5907' Reorder. Call ToFFree 1�80"76r6827 EXHIBIT A Legal'Description ALL. *THAT PORTION OF LOTS 1 AND 2 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN.•BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF•'SAN DIEGO, STATE OF CAI:IFORNIA, ACCORDING TO OFF.;ICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: ` BEGINNING -AT THE NORTHWEST CORNER OF'SAID IOT 1, BEING ALSO THE NORTHEAST CORNER OF SAID 'LOT' 2; THENCE NORTH '89' 41' 40" WEST, 259..,7,2 FEET ALONG THE NORTH LINE OF. SAID; LOT 2 TO'THE;TRUE POINT OF:BEGINNING; THENCE SOUTH 23° 20' 20" EAST, 86.78 'FEET TO THE BEGINNING OF A:TANGENT 158.37 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY:; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380 •52' 10" A DISTANCE OF 107.44' FEET.;. THENCE -SO UTH 62° 22' 30" EAST, 102.,65 FEET TO THE: BEGINNING OF A 370.00 FOOT 'RADIUS CURVE CONCAVE:SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE, OF 15° 32':50" A DISTANCE OF 100.40'FEET; THENCE SOUTH.:46° 49' 40" EAST,,95•:00 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE•SOUTHWESTERLY;!THENCE'SOUTHEASTERLY ALONG SAID CURVE THROUGH .A CENTRAL ANGLE OF 04° 54' 56" A DISTANCE.OF 85.76 FEET, THENCE SOUTH 410 54' 50" EAST, 120,..18 FEET,'TO'A POINT HEREIN DESIGNATED AS POINT "A", THENCE SOUTH 740 19' 10" 'WEST, 95'.11 FEET TO THE. BEGINNINGOF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH.A CENTRAL ANGLE'OF.30°' 39' 50" A DISTANCE' OF 133.80 FEET; THENCE SOUTH 43" 39' 20" WEST, 56.47 FEET TO THE BEGINNING OF- A`TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 'THENCE SOUTHWESTERLY' ALONG SAID CURVE THROUGH A CENTRAL ANGLE'OF 230 20'.30".A DISTANCE OF 122.22•FEET TO A POINT OF COMPOUND CURVATURE WITH.A 1328.'28,•FOOT RADIUS CURVE CONCAVE; -NORTHWESTERLY; THENCE SOUTHWESTERLY-• ALONG' SAID CURVE THROUGH- A •CENTRAL, ANGLE 'OF. 070 28' 00" 'A' DISTANCE - - OF-173.10,FEET; THENCE SOUTH 74° 27-''50" WEST, A~DISTANCE OF-64'.79 FEET; THENCE NORTH 010 03' 11" WEST, 756.99 FEET TO.A POINT IN -THE NORTH LINE OF SAID LOT 2'; THENCE SOUTH 890 41' 40" EAST�ALONG SAID NORTH LINE A DISTANCE OF 95.33 FEET TO THE TRUE POINT OF BEGINNING.