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Covenant Regarding Real Property 2007-0021085 '\'~ . ! Illiliili!llrii~llmllllllijrul"~ ~"I~I~IIII(~I"IIIIIIIII " '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 f;;::::E:1UF:'! .1 '-,i,'lITH, COUr'iT'1 F-:Ei'UR[IEFt fi [', 14.UO 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 -. ~.- - -==--~ -- - - ---- - , ....---.. --=-----=---- 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 " . M:\planning\oda\Bettilyon Guest'Ho~se.doc cr:J-roA ' .- . . ~ ~033 ~. I 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.' . '. ~ . :../ . . ./ 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