Covenant Regarding Real Property 2006-0090754
. - --.
~-
) 11417 DOC # 2006-0090754
'"' RECORDING REQUEST BY
,
CITY OF POWAY ! 11111111111111111l1li111111111" 1111111111 ""111111111" IIIII "" ""
WHEN RECORDED MAIL TO: ) FEB 07, 2006 2:53 PM
)
CITY CLERK ) OFFICJ,.:.-L F:ECOFi[l~
f3 CITY OF POWAY ) ~:t.t~ S,lllC:;CII-,CiUfi 11 1:,ttOFi[IEF:"_, uFFWI:
POBOX 789 ) 1;~-;EI_~m-r, : ':;r.,mH COUr'J 11 F:ECUF:[IEF:
t1P POWAY CA 92074-0789 ) rEE', 17' IJU
P:.:..GE:. .
)
\~" ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
APN: 275-700-47 2006-0090754
COVENANT REGARDING REAL PROPERTY
Jack Abbott, Jr , an unmarried man, and Donna Diane Jones, an unmarried woman, each
as to an undivided 50% interest, as Tenants in Common ("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 know as Assessor's Parcel Number 275-700-47 ("PROPERTY" hereinafter)
In consideration of the approval by the City of poway ("CITY" hereinafter) of a Building
Permit to construct an approximately 564-square-foot, attached guest house on the referenced
property, OWNER hereby agrees that the attached guest house shall never be rented or leased as
a separate unit, no complete kitchen facilities shall ever be installed, and no gas line and/or '220
ampere electrical service shall 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 that a Building Permit is never obtained to construct the proposed attached
guest house 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
Dated: 1/ 30!~
Dated: i:;f) /0 ~
Dated: /- 2-f. Ot:. By'
ent Services
cn~ - ()IO
~ C1.\
. . 11418
CAtlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ - - ~- -"..-. - .. -.. . - .
State of Co. Ol.-~C7I n;-a-.
Coo",,,, Q,A. .o"(f (\ Q
On 3(), \"J'X)'tj '.:}('DLp betore me, ,~, S. WC/'l'-.-l
Do" '~ ' ,me ,," HI, " Off,,,, l'.g, J,,, 000. No"~ Pobl" I
personally appeared l'Y- 'k ,\. \.-\0<", Jr e, --=:D~,,""f')~\d nc> \,,,,-,,,
1 Name(s) ofSigner(s)-
o personally known to me - OR - ~oved to me on the basis of satisfactory evidence to be the person(s)
. - whose n.ame,(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,
. CINDI E. ROlIER~SON executed the in strumenl.
Commission # 1610683 .0:;
Notary Public Cahfomlo $; . .
Son Diego COlE\!y - WITNESS my hand and O~Lseal.
MyComm.ExPtres0Cl2,200~ ~ \,) l
.. [" " <) "I-ocr cJY\,.J
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by Jaw, it may prove va(uable,to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
- Description~of Attached Document (?,
Title or Type of Document: COl/t'ACA,^- \- GL-e~~'~ ~:ecJ ropv--S
Document Date: Number of Pages: ~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sigl1er(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner -,D,Limited"D General 0 Partner - 0 Limited 0 General
'DAttdrney"in-Fa6t 0 Attorney-in-Fact
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator
o Other' Jap 61 thumb here 0 Other Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary Association' 8236 Remmel Ave.. P,O.Box 711M o"CaOOga Park. CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-6()()-876-6827
. . 11419
,.. I.
,-
"
Page 1 DESCRIPTION
Order No. 58003440
PARCEL A
PARCEL 3 OF PARCEL MAP NO 4613, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 2, 1976
PARCEL B
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THER~TO, TO BE USED IN COMMON WITH THE GRANTORS AND
OTHERS, OVER, UNDER, ALONG AND ACROSS THOSE CERTAIN STRIPS OF LAND IN THE
SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTV OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, BEING THOSE STRIPS DESIGNATED AS "60 00 FOOT EASEMENT
FOR ROAD AND PUBLIC UTILITY PURPOSES" AND "80 00 FOOT EASEMENT RESERVED FOR ROAD
AND PUBLIC UTILITY PURPOSES", ON RECORD OF SURVEY MAP NO 6792, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGD COUNTY, DECEMBER 20, 1966 AS FILE NO
197699 OF OFFICIAL RECORDS
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 TO 4, INCLUSIVE, OF
PARCEL MAP NO 4613, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 2, 1976 AS FILE NO 76-098335 OF OFFICIAL RECORDS
PARCEL C
AN.IO.AsEMEN1; AND RI GHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
.~.... . -'-"'" .... .... .. -.. -. '- . -
LINES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH THE GRANTORS AND
OTHERS, OVER, UNDER, ALONG AND ACROSS
THAT PORTION OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFOR~IA, CONVEYED TO RONALD R
STOCK, ET UX, BY DEEDS RECORDED MARCH 28, 1967 AS FILE/PAGE NO 42253 AND MARCH
26, 1969 AS FILE NO 59153, IN THE OFFICE OF THE RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS
THAT PORTION OF SAID STOCK LAND LYING SOUTHERLY AND WESTERLY OF A LINE BEGINNING
AT AN ANGLE POINT IN THE EASTERLY' BOUNDARY OF LOT 47 OF GREEN VALLEY ESTATES
UN I T NO 3,. ACCORD I NG TO MAP THEREOF NO 3805, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING NORTH 21' 32' 40" EAST 40 00
FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 41; THENCE SOUTH 68' 27' 20" EAST
125 00 FEET TO THE BEGINNING OF A TANGENT 700 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SA'ID CURVE THROUGH A CENTRAL
ANGLE..OF 11' 56' 13" A DISTANCE ,OF 145,B4FEET' TO 'A REVERSE 194 54 FOOT RADIUS
, ~. ...,_'.,' ,,,,. h ,_ '_.' .. _.. ,.._."_
CURVE, CONCAVE SOUTHWESTERLY, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 64' 04' 18" A 0 I STANCE OF 217 55 FEET TO A REVERSE 450
FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE SOUTHERLY ALONG THE 'ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 16' 29' 55" A DISTANCE OF 1-29 58 FEET TO THE
SOUTHERLY LINE. OF SAID STOCK LAND
EXCEPT I NG THEREFROM THAT PORT I ON L Y I NG W.l TH I N PARCEL A ABOVE DESCR I BED
PARCEL D
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH THE GRANTORS AND
EXHIBIT A
, ~
. .
.~
,- - '''\, 11420
:'
"
Page 2 DESCRIPTION
Order No. 58003440
OTHERS, OVER, UNDER, ALONG AND ACROSS THOSE POETlONS OF LOTS 46 AND 47 OF GREEN
VALLEY ESTATES UNIT NO 3, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORD I.NG TO MAP THEREOF NO 3805, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SA ID SAN D I EGO COUNTY, DES I GNATED THEREON "PORT I ON OF LOT 46 RESERVED FOR FUTURE
STREET" AND "PORTION OF LOT 47 RESERVED FOR FUTURE STREET"
PARCEL E
AN EASEMENT AND RIGHT OF WAV FOR ROAD, SEWER, WATER. GAS, POWER AND TELEPHONE
'1I NES AND APPURTENANCES THERETO, TO BE USED I N COMMON WITH THE GRANTORS AND
OTHERS, OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 40 00 FEET OF PARCEL 84 OF
RECORD OF SURVEY MAP NO 4253, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SA I D SAN D I EGO COUNTY. BE'I NG A PORT I ON OF THE SOUTHWEST QUARTER OF SECT I ON 30,
TOWNSHIP 13 SOUTH. RANGE 1 WEST, SAN BERNARDINO BASE. AND MERIDIAN,IN THE COUNTV
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BEING
DESIGNATED "EASEMENT RESERVED FOR ROAD"
- -