Covenant Regarding Real Property 2006-0865298
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- RECORDI~G REQUESrt,: I i !iIllIINllillflllllllll~lijl~I~II~I~I~I~I~I~I~IIIIII'
~ CITY OFPqWAY
~ ,WHEN RECORDED MAIL TO' DEe 06,2006 1'07 PM
~ CITY CLERK 8 <;) l-iFFICI.~,L F:ECOFi[I'::
-,:;:'j [IIEI:i! I crllJrHI FiEI-:Ur-:iCIU:": UFFICE
CITY OF POWAY '7 <a b~:EI;uF:'1 ,: Sr.,.1ITH UJUf'iT\ r:iI:.UJR[IER
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POBOX 789 f ,~liE '_
POWAY CA 92074-0789 I illllllll!1 "1!lllllIllIIl~~~~~~~la~~~~IIIIIIIII!111111111
APN: 321-410-37
, COVENANIREGAROING REALPROPERTY ,
Ronald E, Bressinger and Gina Marie Bressinger, Trustees of the Bressinger Family 1994
-- TrusC("OWNER"~ hereinafter)',- are~the. ,owners-of real property commonly known- as Ass'eiis6r!s.,__ .--"
Parcel Number 321-410c37 ("PROPERTY" nefeinafter), and more fully described in Exhibit A.
I In consideration of the approval of a Building Permit for a detached accessory garage by
the City of Poway ("CITY" hereinafte'r), OWNER hereby agrees that the accessory garage shall
never be converted to living space, and no gas line and/or 220 ampere electrical service shall ever
be installed, except for that to be used solely for water heater piJrposes,
This Covenant shall 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
assigns of the respective parties,
In the event that a Building Permit is never obtained to construct the detached accessory
structure at the request of the OWNER, the CITY shall expunge ttiis 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 OWNERS
II ~ ~b ~ \'
Dated:
I / Ronald E, Bressinger, Trustee
Dated: !lhd/dr.,
/ /
Dated I, 11- t)t; By
ent Services
~ -/3.0
. _ . . . 7990
CALIfORNIA ALL.PURPOSE ACKNOWLEDGMENT
f<>h"",^=^~~=A=^~~G5bZW~.no~.?5(YG'f.&Z:'y{Y,(XY~;n(.>i-K::EihGh~~~~~~~~~~~r.'>.".
State of California
County of !2dJl 1) ~t? b
On /I 21YUtI../J ,before
Date
personally appeared
rJ;V t~ I ~.er
o personally known to me
,. ftproved to me on the basis of satisfactory evidence
1- - - - - - - - - -'- - " to be the person@whosenam~~stJbscribed
_@ . IHIUEY~ . .f to t~e wj!bio, instrument and acknowledged to me t
~ -,,; =~1~ he1"~ execu~ the same in J;lis/118 thei
San DIego Cull. ... f authorized capaci~Q>&), and that by !)is/ eir
1 MvCamm.&pfla=2007. .~ signature(fu>n the instrument the persor,t!@>,ore
- - - - - - - - - _ .: _. ! entity upon behalf of which the perso~~ acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
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.
DescriPti.on of Attached Document ~Vlt ~..' Rm0 P~tu >
Title or Type of Document: ~ G
Document Date: \ \ '2D .OLP Number of Pages: 1--
Signer(s) Other Than Named Above: Y"\..-tLLll .~ .\-t
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Title(s): 0 Corporate Officer - Title(s):
o Partner - 0 Limited 0 General 0 'Partner - 0 Limited 0 General
o Attorney in Fact Top ~f thumb here 0 Attorney in Fact
o Trustee 0 Trustee
o Guardian or Conservator D Guardian of'Conse
o Other' 0 Other'
Signer Is Repi Signer Is Representing:
~~~~"g(,.~^Q(,..~~~'C("."'C.(.~"CV~~~~~~~~~
@2004 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402. Chatsworth, ':-A 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876"6827
. -. .7991- ?
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EXHIBIT "A"
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LEGAL DESCRIPTION:
.Parcel I:
Lot(s) 69 of City, of Po way TraclNo. 86-01. Unit No, 2, in the City of Po way, County of San Diego,
State'ofCalifomia, according to the,map thereof No. 12401. filed in the office of the County Recorder
of San Diego County on June 15, 1989
-- -' - ,Parcel.2:'
An easement and right of way for utility and pedestrian and vehicular access and purposes incidental
thereto over, under. along and across that portion,ofLot 68 of City of Po way. Tract No, 86-01, Unit
2in the City of Poway, County of San'Di.ego, State of Cali fomi a, according to.the map thereof No,
12401, filed in the office of the County.'Recorder of San Diego County on June 15, 1989, shown on I
said map as "easement for private foadimiintenance, utility, pedestrian and.'vehicular purposes
reserved hereon, I
Parcel 3,
An easement for view purposes over that portion ofland lying within Lot 70 of City of Poway, Tract i
No, 86-01 Unit 2, according to map thereotNo. 12401, filed in the Office of the County Recorder of
San Diego County, June 15, 1989 described as follows: ,
,
Beginning at the Southwest comer of said Lot 70; thence North 14021' 21 "'East along the West I
I
boundary of Lot 70 a distance of 160,00 feet; thence South 83025' 03" 'East 201.96 feet to the East I
boundary of Lot 70; thence South 14043.' 48'.' West 50.00 feet; thence. North 75017' 17" West
57,01 feet; thence South 14042' 23" West 60:00 feet; thence South 750'44' 40" West 16220 feet to I
the point of beginning, I
Except therefrom that portion lying within 20,00 feet sewer easement shoWn as "C" and that portion I
- - -~ lying.within.Derringer.Road shown as'''F'' on said Map No, 12401
, A