Covenant Regarding Real Property 2005-1117619
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APN 275-270-43/MDRA 05-02
COVENANT REGARDING REAL PROPERTY --
Paul F Van Ostaeyen and Pam J Van Ostaeyen. Trustees of the Van Ostaeyen Family
Trust, 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 275-270'43 ("PROPERTY" hereinafter)
In consideration of the approval by the City of poway ("CITY" hereinafter) of Minor
Development Review Application (MDRA) 05-02, a request to construct a 9,938-square-foot, two-
story, single-iamily residence with a 943csquare-foot, attached garage, a second 55'1-square-foot,
attac,hed garagEl,. and a 528-square-foot, detached guest house, located on a 2.09-acre lot,
addressed as 13726 Paseo De !-as Cumbres, within the Rural Residential B zone, OWNER hereby
,- , agrees that no portion of ' the guest-house shall ever berented.or-Ieased,as i3,separate'unit;-and no -
complete kitchen facilities shall never be installed. No natural gas connection or 220V electricity is
permitted' in the kitchen area.
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In the event that MDRA 05-02 expires or is rescinded by City Council at the request of the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 shal!
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party
12---- Z-.s ~O-S ~~ER ~
Dated: By ~i::: .
Paul F Van Ostaeyen, Trustee (Nota'rize)
Dated: ! 4/J~r(J6' By
Pam J.
CITY OF POWAY
Dated.,~ ;(3. d- DarBy ~~ (~f~~~
~iall Fritz, Director of Devel pment-Sertices
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CALIFORNIA ALl;.PU~PrOSEA~KNOWLEDGMENT
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State of California }
I County of 6fTn D 1E:60 ss.
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On 1 g- d '3 -os r1Ef\JFeLD NlJ ,RJb I
Date
I' personally appeared' L /'tV\ I
PftM J. VArJO;;rIl'E.VEJf' S
7 'personally known to me
~roved to me on the basis of satisfactory ,]
eVloence
to be the person(s) whose name(s) islare
sl!bscribed to the within instrument and I
acknowledged to me;thatRelshe/they executed I
. JANICE MARIE'BREITENFElD the same in ~their authorized 'J
. Commission jj 14B"4011 capacltY(les), .iJnd that by _r/thetr I
~',:, NoIa,'iy PubUC . Cafllomta i signature(,s), on the instrument the person(s), or I
[ l' , San Diego, t, ountv, , f the ,entity upon behalf of which the person(s) [
. Mveomm-ElipIresMc:iy 15, 200a acted, executed,Uie'instrumenl. [
_____________ I
.,. WITNESS my hand and OffiCi:L~ [
8~~'1'~
OPTIONAL I
Though the information below is not required by law,)t may prove valuable to persons rff/ying ~n 'the document and could prevent
[, fraudulent removal and reattachment of this !ann to anotlle'rdocument.
Description of Attached'DoclJment (1PtJ (). 7!J-:' ;;2'):)- t.f3!
I TitleOrTypeofDocument:~D\)f'.JtYITf1T Pf. Qt.A-L pQ/j(:efLTV eft!!;'
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[ Document Date: Number of Pages:
Signer(s) Other Than Named Above:
I-
Capacity(ies) Claimed by Signer
Signer's Name:
I
D. Individual. Top of thumb hp-re I
o Corporate Officer - Titl~(s):
o Partner - 0 Limited D'Generai
o A<<orney-in-Fact .
o Trustee
o Guardian or Conservator - I
DO~~ I
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Signer Is Representing: I
I
e 1999 National NOlarl Association' 9350 De SOlo Ave_. P.O. Box 2402' ChatSworth, CA 91313.2402 ~ www.nlltionalnotllry.orgProd.No. 5007 Reorder: Call Toll-Free '-BOO-87fl-6827
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EXHIBIT 'A'
PARCEL 1
LOT 55 OF CITY OF POWAY TRACT NO 88-15 UNIT NO 1, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12466, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22,
1989
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD ACCESS AND UTILITY PURPOSES
OVER, UNDER AND ACROSS LOT 57, OF CITY OF POWAY TRACT NO 88-15, UNIT NO, 1., IN
THE, CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 12466, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON SEPTEMBER 22, 19'89, SAID LOT 57, DEFINED AS COMMON AREA IN
THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
GREEN VALLEY ESTATES RECORDED JUNE 7, 1988 AS FILE/PAGE NO 88"271302 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, MADE APPLICABLE
TO THE REAL PROPERTY CONVEYED BY DECLARATION OF ANNEXATION RECORDED
JANUARY 24,1990, AS DOCUMENT NO 90-041785, AND AS AMENDED AND
CONSOLIDATED BY DECLARATION OF RESTRICTIONS RECORDED AUGUST 30, 1994 AS
FILE PAGE #1994"0520844 OF OFFICIAL RECORDS
PARCEL 3~ - - , --
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD ACCESS AND UTILITY PURPOSES
OVER, UNDER AND ACROSS LOT 80,OF CITY OF POWAY TRACT NO 88-15, UNIT NO 3, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 12467, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON SEPTEMBER 27, 1989 SAID LOT 80, BEING DEFINED AS COMMON
AREA IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR GREEN VALLEY ESTATES RECORDEp JUNE 7, 1988 AS FILE/PAGE
NO 88-271302 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
MADE, APPLICABLE TO THE REAL PROPERTY CONVEYED BY DECLARATION OF
; ANNEXATION RECORDED JANUARY 24, 1990, AS DOCUMENT NO 90-041785, AND AS
AMENDED' AND CONSOLIDATED BY 'DECLARATION OF RESTRICTIONS RECORDED
AUGUST 30,1994 AS FILE PAGE #1994-0520844 OF OFFICIAL RECORDS