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Covenant Regarding Real Property 2005-0824672 " , ~;OOR',"G ",Q"," ,,~ ) .0. 4 3 1/1I11111~llllilllllllli~mm~im~l~ WI~I!11i11/111 . CITY OF POWAY A 1/) . . . ':(L .) SEP 23, 2005 11'42 AM WHEN..RECORDED MAIL TO' ll:b'l\) CllVCLERK) OFFIClo.L F:ECOFI["i CITY OF POWAV) ':co.ll ~IEliO CUU~lr, ~EmRL'EF:"" OFFICE PO BOX'789) I.~REI"UR,.I ,,'11TH LUUm, RELUF:['ER __ , rEE'_, 171111 povyAv CA 92074-0789 ) poCiE'i 4 No Transfer Tax Due) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIII1111 APN '321-270'28 2005..0824672 COVENANT REGARDING REAL PROPERTY Whereas RogerRan'dazZO'~nd Joanne Randazzo; PROPERTY OWNERS ("OWNER" hereinafter), are the owners of real'properly commonly known as Assessor's Parcel Number 321-270-28 ("PROPERTY" hereinafter), and more fully described in the attached Exhibit A and made a part hereto In consideration of the appr6\1~rpy tbe City of Poway("CITY" hereinafter) of Minor Development Review Application 0:)'96R,inVolving the construction of a 794..square-foot, detached pool/guest house, OWNER; hereby agrees that.no portion.of the pool/guesth'ouse shall ever be rented or leased as a separate unit, no complete kitchen facilities shall be installed, and no gas line and/or 220'ampere electrical.service shall ever be installed 'J:his CovenantshalLrunwith'th'e land and'be,binding upona~dinwe, toth.'epefiefit of the future owners, e'ncumbrancers, successors, heirs, personal representatives; transferees and assigns of the respective parties In the ev.ent that Minor peVelopment Review Application 03-96R expires oris rescinded by. City Council, anda Building Permit is never obtained to construct,the proposed . ' pool/guest house, CITY shall, arthe request of OWNER, ,expunge this Covenant from 'the record title of PROPERTY In the event oflitigationto'ehforce the provisions ofthis Covenant, the prevailing party shall,beentitled to full reimbursement of all costs, includingTeasonable attorneys' fees, from the other party OWNER. Dated 1/(3/ 0 ~ By .R'~A- e~:nJ , Roger Ra,ncJ?p9 Dated 9/1 'I If) -( By c..- "?;Zt;n-!/ ~/1ci6( c'-' ) , , oanne Randazzo Ij CITY OF POWAY Dated ~\ \~ I 0 S' By' ~p~ "~, ~ Niall Fritz, Director of Develop ent Services M:\planning\cmr\guesl house cov\Randazzo cov.doc. rf)-I<6\ . 10,1. 1..1 LI . '. CAtiE'ORNIA, ALL.PURPOSEACKNOW":EDGMENT r..e<'~~~~~~~~~~~"""'~~~-I ~ State of California ,} 1 .~ .--- lJ. SS 1 ,: County of ~1/1/ laG ,I I I. ,on--2:?1OJ.?'.'lO\ /3 ?OO~rerrie, -&v.u/;f!n/V'ft! A0TA?V 4v1L1 (" Dale Nilme and Title Qf Oftice[(e.g" "Jane Doe, Notary P~blic"1 I -j'" 04 ;t~V; - f. ZZ.U personally appeared 1 Name(sjofSignel(s): I' Dpersonally, known to'me 1 ~oved to; !TIS ,on the basis of satisfactory ,I I' iividence 'I, 1 ~ ..... ....,. ... .... - .- .... .... .... .- ..-.-.- to be the, person(sl whose name(s). ,~/are 1 I . ,,"",,~:1~ f subscribed 'to' the within instrument and 1 I' acknowledged to'me'lhat ~s~/they executed ,I , ~ ' -.' NOlaryPUbfJc - 9olllOmJO i Ihe same in ~/h\i'r/their authorized , , Son DIego County - capaclty(ies), and' th~t by his/h5Jltheir L_ _ ~:o:m~~:N,:,,9~2~7f 1 signature(S)on Ihe Instrument the person(s), or the entity upori behalf of which the person(s) 'I acted; executed the instrument. WITNE I ., , I I C/ Signature of Notary PlJblic OPTIONAL, Though:the information below is not required by.law, it may prove valuab!eto persons, relying on'the document and could prevent ,', fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document I, Title or Type of Document: ,I I, ) Document Date: Number of Pages: Signer{s) Other Than Named Above: I Capacity(ies) Claimed by S'igner I Signer's'Name: 1 I . o Individual Top of thumb here '.0 ,CorPOrateiOfflcer ~ Tille(s),. o Partner - O'Llillited n General' o Attorney-In-Fact ; o Trustee o Guardian or ConselVator o Other'_ 1 ~ Signer Is Representing: ~ <01999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' C~a\swo~h: CA 91313'2402 . www.natlonalnolalY.org Prod. No. 5907 Reorder: Call Toll-Free 1 e00876-6827 -, . 1,0,145. EXHIBIT A --------- PARCEL 1 THAT PORTION OF THE, EAST, HALF OF THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SECTI~N 8" TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.. IN THE CITY OF POWAY, COUNTY OF SAN!DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFIciAL PLAT THEREOF, DESCRIBED AS FOLLOWS COMMENCING AT THE, NORTHEAST CORNER OF SAID SOgTHWEST QUARTER OF THE NORTHEASTQ[lARTER; THEPS:E ALONi> THE EASTERLY~,INE OF ',sAID SOUTHWEST QUARTER OF THE NORTHEAS~T' QUA'WrER; SOUTH 04 DEGREES' 2:i;MlNUTES 03 SECONDS WEST, 330 00 FEET TO THE 'TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID EASTERLY LINE NORTH 0'4' .DEGREES 23 MINUTES 03 SECONDS EAST, 330 00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST ,QUARTER: THENCE ALONG THE NOR,1:'~EI<LYLINE ,OF SAID SOuTHWEST QUARTER OF THE NORTHEAST QUARTER, NORTH 8 8 DEGREES ~ 8 MINUTES 40 SECONDS WEST,. 52 5 ~ O~O FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID' SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 4 DEGREES 23 MINUTES 03 SECONDS WEST, 400 00 FEE.T; THENCE PARALLEL WITH THE NORTHERLYTIlNE OF SAID SOpTHWEST QUARTER OF THE NORTHEAST QUARTER, 'SOUTH 88 DE~R~I;;'S 38 MINUTES 40 ,sECONDS EAST, 175 00 FEET; THENCE NORTH 80 DEGREES 10 MINUTES 34 SECONDS EAST, 360 54 FEET TO THE TRUE POINT OF BEGINNING PARCEL, 2 AN EASEMENT FOR INGRESS 'AND EGRESS FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A ,60 00 FOOT STRI,P 'OF Ll\ND'LYING WITHIN THE" EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, ,-- _'.'" __ .,_', .. , - ..:J' _ ~. _ "_. " . _ TOWNSHI,P 14 SOUTH, RANGE '1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE EASTERLY AND NORTHERLY LINE' OF SAID 60 00 'FOOT STRIP BEING DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEASTERLY CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8;. THENCE 'ALONG THE: NORTHERLY LINE OF SAID 'SOUTHWEST 'QUARTER OF 'TBE ~ORTHE~ST QUARTER, ~ORTH 88 DEGREES 38 MINUTES 40 SECONDS WEST, 525 00 FEET TO THE TRUE POINT OF IiEGINNING: THENCE PARALLEL WITH. THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 04, DEGREES 23 MINUTES 03' SECONDS WEST, 4,00 go FEET'; THENCE.PARi\LLEL WITH THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 88DE'GREES 38, i'lINuTES 40 SECONDS EAST, 1''7.5 00 FEET; THENCE NORTH 80 DEGREES 10'MlNU.TES' 3.4 SECONDS' EAST" 360 54 FEET TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER SAID EASEMENT TO TERMINATE 'EiS~TERLY IWTIWc#ASTERLX 'raNE Qg, SAID'SOliTHWEST QPARTER OF THE NORTHEAST QUARTER EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE:,SOUTHEASTERLY LINE OF COUNTY ROAD SURVEY NO 472 (KNOWN AS POWAY ROAD), Ac;C~ORDING TO PLAT THEREOF ON FILE IN 'THE OFFICE Of THE COUNTY ENGINEER OF SAN DIEGO COUNTY ---- ---------------------.---,----------.------------------------------------- - ,_'" . 10146 '. . , EXHIBIT A --------- PARCEL 3 'AN EASEMENT FOR +NGRES~ ~ EGRESS, FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND' ACROSS 'A 60 00 FOOT STRIP OF LAND LYING WITHIN THE ,SOUTHWESTe 'QUARTER OF THE NORTHEAST QUARTER OF SECTION'8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOF,pI}:i'G TO THE OF:FICIAL PLAT THEREOF,; THE NORTEWESTERLY LINE OF SAID 60 00 FOOT STRIP BEING THE SOL~HEASTERLY LINE' OF ,COUNTY ROAD SURVEY NO 472, AS ,DESC'R'IBEb IN DEED, TO THE COUNTY OF SAN DIEGO, 'RECORDED JUNE 28, 1944 IN BOOK 1719, PAGE 12 OF OFFICIAL RECORDS EXCEPT THEREFROM'T~T PO~TlOP' LYING EASTERLY OF THE MOST WESTERLY LINE OF PARCEL 2 HEREINABOVE DESCRIBED ALSO EXCEPT THEREFROM THAT' PORTION LYING SQ~H~EST~RLY OF A LINE DRAWN AT RIGHT ANGLES THROUGH ,A P,o.INT ON THE NORTHWESTERLY LINE OF PARCEL 2 AS SHOWN AT PAGE 10784 OF: 'PARCEL MAPS,;FTLED IN THE OFFiCE, OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1980, DISTANT THEREON 200,,00 FEET SOUTHWESTERLY OF THE INTERSECTION OF THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JOSEPH'B KORDAHL, ET '~" RECORDED DECEMBER 19, 1983, AS, FILE NO 83-460096 W~:rH TJlE,W,ES,TERLY LINE OF,THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST dUARTER OF SAID SECTION 8 ASSESSOR PARCEL NO 321-270-28-00 -, - ----------------------------------------------------------------------------