Covenant Regarding Real Property 2006-0672009
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RECORDING REQUEST BY ) DOC# 2006-0672009
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CITY OF POWAY )
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WHEN'RECORDED MAIL TO' ) SEP 21, 2006
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CITY CLERK ) CiFFIClp.L FiECOR[I';
CITY OF POWA Y ) 3rt '~..::.r.j [11ECiO CClUNY'1 RECClR[IER"~ DFFICE
POBOX 789 ) C~HECiOR', .t '~hllTH cour.Jrl F:ECOR[JEH
POWAY CA 92074-07894 8 96) ~ FEES 14.00
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APN 278-424"31/MDRA 05-25 - 2006-0672009
COVENANT REGARDING REAL PROPERTY
James M, Temenak and Mary H, Temenak, Husband and Wife as Joint Tenants,
PROPERTY OWNERS ("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 known as
Assessor's Parcel Number 278-424-31 ("PROPERTY" hereinafter)
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor
Development Review Application (MDRA) 05-25, a request to construct a new 720-square-foot
garage, convert an existing 814-square-foot garage into a game room, and add an 837-square-foot
second-story guest room at an existing single-family residence located at 14369 Horizon Court, on
a 1,2-acre lot in the Planned Residential Development zone, OWNER hereby agrees that no
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portion of the guest room shall ever be, rented or leased as a separate unit, and kitchen facilities
shall never be installed:....N_o _12.~tural gas. co.n_n~ction or",220Y ~~c~ricity ~J:lermitted in this area.
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This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that MDRA 05-25.,expires or is rescinded by City Council at the request of'the
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY
In the event of litigation 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: ci III /a ~ '111
(Notarize)
Dated: r II/JO{, By'
, / (Notarize)
Dated: g/~) 06 By'
Niall Fritz, Director 0 nt Services
M:\planning\Lisa\Projects\MDRAOS.2Scovenant.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Counfyof San Diego
On~ ,!J7ZftI6cil., I I, ZOOlJhetore me, Phyllis Shinn, Notary Public
Date /II 1 Name and Tit of Officer (e.g., Jane Doe. Notary Public")
personally appeared 1/leS ,1/v'f) /,1" (: y Iv. It-I it [/1/1
. Name(s}of SignerlS)
D personally known to me - OR- ~roved to me on the basis of satisfactory evidence to be the person(s)
, whose name(s))tl/are subscribed to the within instrument
and acknowledged to me that ~/spe/they executed the
same in his/hVr/their authorized capacity(ies), and that by
I a' - ",;;.J .:r.: · " J "J'Ai;,'"'" ""0,""'" ~ .""",,,e"'" p"~,,,
_ ,.... Commission # 1450304 or the entity upon behalf of which the person(s) acted,
~ . -iii Notary Public. CaHfornta ~ executed the instrument.
j' San Diego County f
_ _ _ ~v:o:m:,,~~v9.:..2~7
OPT/ONAL
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:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator .
D Other' Top of thumb here D Other' Top :)1 thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary Association. 8236 Remmel Ave" P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TolI.Free 1-800-876-6827
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EXHIBIT 'A' 4898
PARCEL 1,
LOT 31 OFCITYGF POWAY TRACT NO 4090-R, IN THE. CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,MAP THEREOF NO 11360, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 24,1985
PARCEL 2:
A NONcEXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE
DECLARATION OF RESTRICTIONS FOR BRIDLEWOODESTATES, FILES IN THE OFFICE OF
. . . . .
THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 4, 1986, AS
FILE/PAGE NO 86'085061 OF OFFICIAL RECORDS, FOR USE, OCCUPANCY AND
ENJOYMENT OF, AND ACCESS, INGRESS AND EGF3ESS TO THE AMENITIES LOCATED
THEREON, SUBJECT TO "[HE TERMS AND PROVISIONS OF SAID DECLARATION OF
RESTRICTIONS THIS EASEMENT IS APPURTENANTTO PARCEL 1 ABOVE DESCRIBED
PARCEL 3'
AN EASEMENT FOR THE INSTALLATION, USE. REPAIR, MAINTENANCE, OPERATION,
REMOVAL AND REPLACEMENT QF UNDERGROUND SEWER LINES, PIPES, CONDUITS AND
APPURTENANT FACILITIES, OVER, UNDER, ALONG AND ACROSS THE WESTERLY 10 FEET
OF LOT 21 OF CITY OF POWAY TRACT NO 4090-R, IN THE CITY OF POWAY, COUNTY OF
., SAN DIEGO, STATE. OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11360 FILES IN
~'- - ~ ~TI'lE OFFICE-OF-TRE- COUNTY ~RECORDER OF SAWDiEGO COUNTY, C~LfF6RNIA;O-ON
OCTOBER 24, 1985,