Covenant Regarding Real Property 2007-0021085
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'1/1 RECOROING,REQUEST BY' JAN 10 2007 4.22 PM
~r CITY OF POWAY OFFll:l".I. flECUF:C.',
,C,61"-'WHEN RECOROEO;MAIL TO' ',,"-:'J CqH'lCI COUNT I FIE =IiF,[IU:"_, I:IFFICE
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CITY CLERK f"D.GE: :
CITYOFPOWAY 1111111111111111111111111111111111111111111111111111111111111111111 11l!1 "" III!
POBOX 789
POWAY CA:92074-0789
APN; 314'220-58 1703.2 2007-0021085
COVENANT'REGARDINGREAL PROPERTY
Vwden L~e Bettilyon, a marriEld man as his sole and separate property, ("OWNER"
hereinafter), is the owner of real property commonly known as 13737 Temple Street
("PROPERTY hereinafter), and more fUlly described in Exhibit A
In consideration oFthe approval. of a Building Permit for a detached 1200-square-foot
accessory structure, consisting of a 500'square-foot gue~t house and 700-square_foot storage
area, by the City of' Poway ("CITY" hereinafter), OWNER hereby agrees that the accessory
structure ,shall never be rented or' leased as a'separate unit, no complete kitchen facilities shall
be installed, and no gas line aRd/or 220,ampere electrical service shall ever be installed, except
for that to be used solely for water heater and heating purposes. OWNER hereby also agrees
that the storage area cannot 'be converted to habitable space unless approved by the City of
Poway
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....---.. --=-----=---- This Covenantshall run with the land and be binding upon and inure to the benefit of the
future owners: encumbrance's, successors, heirs, personal' representatives, transferees and
-, '". ~.:~ ." .,,,. .'^
assignsofth'e respective parties.
In the event that aBuilding Pe~rniLis n,Elver obtajlled'.(o"constructthe detached accessory
stfLicture at the .request of the OWNER, 'the CITY shall expunge this Covenant from the record
title of the PROPERTY
If 'eitherparty is required to inc-Lif 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 righHo enforce this Covenant against the OWNERS
.
Dated .\2 -:Z'e -010 \}~l,",^" L~~
\jerden"Lee 'Bettilycin
CITY OFPOWAY
Dated: /1-).2- - 0' By
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M:\planning\oda\Bettilyon Guest'Ho~se.doc cr:J-roA
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EXHIBIT "A" /
PARCEL 1:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF -~
SECTION 12, TOWNSHIp 14 SOUTH, RAt:lGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEC;O, ~TATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER II, 1879, LYING SOUTHERLY OF THE EASTERLY
PROLONGATION OF THE CENTER LINE OF TEMPLE STREET IN
PIERM0NT., AS SAID STREET. ]S SHOWN ON .MAP NO, 331, FILED IN
THE OFnCE.OFiTHE COUNT.YRECORDER OF SAN DIEGO COUNTY, MAY
27, 1887 AND LYING EASTERLY OF THE CENTER LINE AND THE
SOUTHERLY PR0LONGATIONTHEREOF, 9F THE ALLEY ADJOINING SAID
BLOCKS 11, 19 AND 20 OF SAID PIERMONT ON THE EAST AND LYING
NORTHERLY OFA LINE, 568,17' FEET SOUTHERLY FROM THE EASTERLY
PROLONGATION OF THE NORTHERLY LINE OF BLOCK 11 OF SAID
PIERMONT,
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
,
BE~INNING AT THE INTERSECTION OF THE CENTER LINE OF TEMPLE
STREET AS SHOWN ON PIERMONT, ACCORDING TO MAP THEREOF NO.
331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO, MAY 27, 1887, WITH THE SOUTHERLY PROLONGATION OF THE
CENTER OF THE ALLEY ADJOiNING BLOCK 11 OF SAID PIERMONT ON
'THEEASTi;THENCEALONS;i'THE SOUTHERLY PROLONGATI()N OF'. THE
-- CENTER LINE 'OF SAID ALLEY SOUTH -OO~DEGREES 'Zl' 00" EAST,
187.00 FEET; THENCE S0UTH' 89 DEGREES 45' 00" EAST, 110,00
FEET;.THENCE NORTH 00 'DEGREES 22' 00" 'WEST, 187,00 FEET TO AN
INTERSECTWN WITH THE EASTERLY PROLONGATION OF THE CENTER
LINE OF SAID TEMPLE 'STREET; THENCE 'ALONG SAID PROLONGATION
NORTH 89 DEGREES 45' OO,i WEST, 110,00 FEET TO THE POINT OF
BEGINNING,
ALSO EXCEPTING THEREFROM 'THAT PORTION LYING SOUTHERLY OF A
LINE DESCRIBED AS FOLLOWS:'
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF SAID
TEMPLE STREET WITH THE' SOUTHERLY PROLONGATION OF THE CENTER
LINE OF SAID ALLEY ADJACENT EASTERLY TO SAID BLOCK II, 19,
20 OF PIERMONT; THENCE ALONG THE SOUTHE~LY PROLONGATION OF
THE CENTER LINE OF SAID AL:LEY, SOUTH 09 D?GREES .22',09" E.:.AST,
18(1,,00 FEE.T.TOTHE TRUE :POINT OF BEGINNING; THENCE SOUTH 89
DEGREEs"" 4'S"O'O"EA:ST " 260, a'ClFEET 'TO 'THE EASTERLY LINE OF
SAID SECTION 12.' . '.
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17034
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
-
County of San Diego
)- Z ,1 }')G Phyllis Shinn, Notary Public
On ! c <-~c-/l1';;CI'( ,j J (,,'{ 1) before me,
D", vIt & Nameand,Title of Officer (e.g., Jane Doe, NOlary Public")
personally appeared L 1\ lJ tIV Lc.--E / t-iT/ LY u /{/
Name(slof8Igner(sl
f
o personally known to me- OR - ts:proved to me on the basis of satisfactory evidence to be the personC~
/ , whose name(:$,) is/~ subscribed to the within instrument
and acknowledged to me that he/W/t~y executed the
same,in his/fl,(r/tfl€ir au~horized capacitY((e~), and that by
~ - - - - - - - - - - _ _ ~ his/~e!lt~ signature(~) on the instrument the p{rson(!!},
~ PHYlLIS SHINN or the entity upon behalf of which the person(S),acted,
- , , Commission # 1450304 executed the instrument.
~ . -.. Notary PubHc ' CalRamla ~
j' San Diego Counly E
_ _ _ ~:,,:m:.~~9.:.2~7 WITNESS my ;and a:d off:al s;al. _""
,~l~Z0,~0~hv7V7J
OPTlONA1/ Signature of Notary Public
C;
Though the information below is not required by law, it may prove valuable 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individuai
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner -0 Limited 0 General o Partner - 0 limited 0 General
o Attorney'in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator RIGHT THUMBPRINT
. OF SIGNER
o Other' Top of thumb here o Other' Top af thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 Remme! Ava., P.O. Box 7164. Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call ToU-Free '-800-876-6827