Covenant Regarding Real Property 2005-1118898
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RECO~DING,REQUEST BY,-. I
fi, . . '~I"4Y OF POWAY )
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I~WH~N ~ECORDED'MAIL TO' ) DEe 30, 2005 9'08 AM
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) OFFICI,o,L FiECOFI[""
CITY CLERK ) 8589 ~:,iJ.N [IIEI~I] [Our'If'1 F:ECUR[IEW:I DFFICE
CITY OF POWAY ) GF,ECiOf:rl ,I ':,~,..1ITH CDurn'l F:ECOR[IEF:
FEE:, 17' OU
POBOX 789 ) F.:.l,13E'; 4
POWAY CA 92074-0789 ) I I 111111 11111 11111 111111111111111 III!IIIIII 11111 111111111111111 11111 I 111111111111
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) 2005-11 1..8898
APN: 275-120-17
COVENANT REGARDING REAL PROPERTY
Jeb A. Dasteel and Kendra J Dasteel, Husb,!nd and Wife as Joint Tenants, ("OWNER"
hereinafter), are the owners of real property commonly known as Assessor's Parcel Number
275-120-17 ("PROPERTY" hereinafter), and more fully dE;lscribed in Exhibit A.
In consideration of the approval of a Building Permit to construct a 707-square-foot,
detached garage with an attached 474-square-foot office and exercise room on the referenced
property by the City of Poway ("CITY" hereinafter), OWNER hereby. agrees that the detached
garage, office, and exercise room shall never be rented or leased as a s,eparate 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 detached
garage with an office and exercise room, 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 prov)sions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
''''. 'om tho oIh" porty ~\ ,- .
Dated J Z I ( b 10 s / ',j
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Dated: ~It {;/or-
Dated: /1... I / 3, 0 S- By
evelopment Services
~ oS- 72'6
. . 8590
CALIFORNIA ,ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
'[JC/J!J..;1/Y< /& ZOOJ -
On before me, Phyllis Shinn, Notary Public
Date 1~-/11W4Na7nd/~1:i;;;:. Not:~ Public")
personally appeared Ja .4, .4/V?-.,
Name(s) of Slgner(s)
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)\~Lare subscribed to the within instrument
and acknowledged to me that \IE,/s~/they executed the
same in 11i~/h'elitheir authorized capacity(ies), and that by
~ -'- - - - -P~L~ S~NN - -- .~ t\iG/tterltheir signature(s) on the instrument the person(s),
_@ ,_. ".."'" " ,""",;<y "''" 0,,"" "' wh;,h<h, po,w.(,) "",'
~ .~.. . Notary Public, Callfornla ~ executed the instrument.
j ., , San DIego County l
MvComm, Expires Nov9: 2007 WITNESS my hand and official seal.
------------ (J(J~-;/ r.7 j
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OPTIONAL
Though the information below is nor reqwred 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 Individuai o Individual
o Corporate Officer o Corporate Officer
Title(s): l1t1e(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 RIGHT THUMBPRINT o Guardian or Conservator RIGHT THUMBPRINT
OFSIGNER OF SIGNER
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
10 1994 National Notal)' Association. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1 '800-876-6827
, EXHIBIT A
~ . .
Page 3 DESCRIPTION .
Order No. 48007564 ,
PARCEL 3 8591
- THAT. PORTION OF LOT 65 OF GREEN VALLEY ESTATES UNIT NO 5. IN TIlE CITY OF POWAY,
; COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THIlREOFNO. 3807,
FILED IN THE OFFICE OF TIlE C01JNT'l RECORDER OF SAN DIEGO COUNTY. FEBRUARY 13,
3958. DESCRIBED AS FOLLOWS:
BEGINNING AT THAT POINT IN TIlE NORTHEASTERLY BOUNDARY OF SAID LOT 65 WHICH IS
DISTANT SOUTH 560 16' EAST. 243 05 FEET FROM THE MOST NORTHERLY ANGLE POINT IN
THE BOUNDARY OF LOT 65. BEING ALSO TIlE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE. CONCAVE NORTHEASTERLY; THENCE SOlJTllBASTERLY ALONG SAID CURVE 53.73 FEET
TtiROOGH AN ANGLE OF 120 19' 50. TO THE NORTHWESTERLY CORNER OF LOT 62 OF SAID
GREEN VALLEY UNIT NO 5; THENCE ALONG THE EASTERLY 'LINE OF SAID LOT 65. SOUTH 10
23' 40n WEST, 338'.24 FEET TO AN ANGLB POINT THEREIN; THBNCB SOOTH 330 53' 30"
WEST, 25 00 FEET TO A PoINT IN THE ARC OF A 185.00 FOoT !!ADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL LINE OF SAlD CURVE BEARS SOUTH 330 53' 30" WEST TO SAID
POINT: THENCE NORTHWESTERLY ALONG SAID CURVE, 16 78 FEET THROUGH AN ANGLE OF 50
31' 50.; THENCE NOR~STBRLY ALONG SAID CURVE, 16.78 FEET THROUGH .AN ANGLE OF 50
11' 50-:; THENCE TANGENT TO SAID CURVE NORTH 500 54' 40. WEST, 386.00 FRET TO AN
ANGLB POINT IN 'THE BOUNDARY OF LAND DBSCRIBED IN DEED TO R.W. B~rSCOE ANn WIFE.
RECORDED AUGUST 23, 1967 AS PILE NO. 127723 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE, NORTH 500 S4' 40. WEST, 40.J.7 FEET; THENCE NORTH 300 11'
40n EAST, 283 34 FEET TO A POINT ON' THENORTHBAS~Y"LINB OF SAID LOT 651 WHICH
IS DISTANT NORTH 560 16' WEST, 25 00 FEET FROM THE: POINT OF BEGINNING; THENCE
SOUTH 560 16' EAST, 25 00 FEET TO THE POINT OF BEGINNING
EXCEPTING THE SOUTHWESTERLY 25 00 FEET THEREOF
PARCEL 2:
AN EASEMBIlT AND RIGHT OF WAY FOR ROAD PURPOSES AND FOR SEWER. WATER, GAS. POWER ,
TELEPHONE AND OTHER UTILITY LINES .AND APPURTENANCES THERETO, TO BE USED IN
COMMON WITH OTHERS, DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 65 IN THE WESTERLY LINE OF THE
MARTINCOIT ROAD, AS SHOWN ON SAID MAP NO 3807; THENCE ALONG THE BOUNDARY OF
SAID LOT 65, AS FOLLOWS, NORTH 00 06' 20ft WEST 100.00 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25 00 FEET;
SOUTHWESTERLY ALONG SAID CURVE 39.27 FEET THROUGH AN ANGLE OP 900 00' TANGENT TO
SAID CURVE SOUTH 890 53' 40' WEST 104 00 FEET TO THE BEGINNING OF A TANGENT
CURVE , CONCAVE NORTHEASTERLY HAVING A RADIUS OF 360.00 FEET; AND NORTHWESTERLY
ALONG SAID CURVE 94.94 FEET THROUGH.AN ANGLE OF 330 59' 50"; THENCE LEAVING SAID
BOUNDARY OF LOT 65 CONTINUING NORTHWESTERLY ALONG THE PROLONGATION OF TIlE ABOVE
DESCRIBED CURVE. 14 . 51 FEET THROUGH AN ANGLE OF 50 13' SO II; THENCE TANGBNT TO
SAID CURVE NORTH 500 54' 40" WEST 318 36 FEET TO THE BE~INNING OF A TANGENT 50 00
F<X>T RADIUS CURVE, CONCAVE NORTHEASTBRLYi THENCE NORTHWESTERLY ALONG SAID CURVE
36.14 FEST THROUGH AN ANGLE OF 410 24' 35" TO A REVERSED 50 00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY HAVING A RADIAL CENTER AT POINT itA- DESCRIBED IN PARCEL 1
ABOVE; THENCE COUNTRR-ci..ocKWISE ALONG SAID CURVE 229 35 FEET THROUGH AN ANGLE OF
2620 49' 10" TO'A REVERSED 50.00 FOOT RADIUS CURVE, CqNCAVE SOUTHERLY; THENCE
EASTERLY ALONG SAID CURVE 36.14 FEET THROUGH AN ANGLE OF 410 24' 35"; THENCE
TANGENT TO SAID CURVE SOUTH 500 54' 40ft EAST 318.36 FEET TO A POINT OF TANGENCY
WITH ~ ~OR,~~STERLY EXTENSION OF THAT 210 00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY IN THE NORTHERLY LINE OF LOT 66 OF SAID GREEN VALLEY BSTATES ONIT
NO.5; THENCE SOUTHEASTERLY ALONG SAID CURVE 143 66 FEET THROUGH AN ANGLE OF 390
,-
. If
. . 85ft
1
"Page 2 DESCRWrrON
Order No. 48007564
11' 40"; THE!lCBALONG TIIB BOUNDARY OF UYr 65 TANGBNT TO SAID CURVE NORTH as' 53'
40' EAST 101.0.0:FBBT TO THB BEGINNING OF A TANGEIIT CURVE. CONCAVE SOlJTHilESTBRLY
~ HAVING'A RADIOS .OF 25..06 FBBT AIm S01JTHEASTERLY ALONG SAID CURVB39,27 FRET
THROUGH AN ANGLE OF so' 00' TO THB POINT OF BEGINNING.
ASSESSOR'S PARCEL NO. 275-120-17
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