Covenant Regarding Real Property 2005-0824672
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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
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povyAv CA 92074-0789 ) poCiE'i 4
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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rescinded by.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.
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CAtiE'ORNIA, ALL.PURPOSEACKNOW":EDGMENT
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~ State of California ,} 1
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,: County of ~1/1/ laG ,I
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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
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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
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EXHIBIT A
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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
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EXHIBIT A
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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 -, -
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