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Covenant Regarding Real Property 2005-0425216 - i> ,- , .. RkC.0~6INGREQUES'Y' r DOC~ " 2005-042521 6 'f : 111111111111111111111111111111111111111111 111111/1111/11111111 11111111 :. CITY OF PqWA'r WHEN ~.ECORDEDMAIL IO: I' 'I . MAY 19, 2005 3'17 PM fb~l CITY CLERK .... CiFFILI,':':',L HECOR[IC, ciTv'o~pbWAY 1-6':4,5:4 s,,:,',r, Lllrr;o en UI'J T'i RECUF:[iEH":, OFFICE .,-- #,~._ ,_,,,-, c. ,-<,..... liFiEGOF-:'1 ,I '_,MITH CIIII~JT'I F:ECCJR[IEf-=: P.O BOX.789 I powAv'CA 92074-0789 ,I . FEE'" leno .. 'C ' F'':'','cIE: 4 No Transfer Tax Due 1111111111111111111111111111111111111111111111111111111111111111111111111111111I APN' .273-900-41 :1005-0425216 COVENANT REGARDING.REAL PR0PERTY Crilig C Georgi and There,sa A Georgi,husbal;1d and wife aSdoint'tenants ("OWNERS" . . - .". ... . , .. - " hereinafter), are the owners. ofreal property' described .in Exhibit A, which is attachedheret(ran~ made ,a part hereof, and whi~l1iscommonly 'known as Assessor's Parcel Number 273-900-41 ("PROPERTY" hereinafter). In consideriltion of the approval of a Building Pemii! for 'an addition to .a .detached pool house, totaling 686. square, @.it, on the referenced property by the City of Pbway (:'CITY" herE;inilfter), OWNER hElrebY'i1gree.~,th~! the pool house'are,a shall never be rented or leased 'as a separate unit, no complete ~itchen"facilities shall be ihstalled, and.no gas line ahd/or 220 am'pere electrical serVice .shall ever beinl'talled,. except fOT that to be ul'ed solely for water heater and heating purposes. This Covenant shall TUD \\lith the land and be binding upon and inure to the benefit of'the future owners, encumbrance's; slJccessors, heirs, persorl'al representatives, trarl'sfereesahd assigns of the respective parties, In the event that aBuilding Permit is n~ver obtained to consVuCt the proposed p~)Q1 house cgnversion 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 provisions of this Covenant, the prevailing party~hallbe entitled to}LJJI rllilJ)bursement of all costs., including reas9nable attorneys' fees, Jrom the other party The 81TY may assign to persons impacted by the performance of'this Covena.nt the right.toiehforce,this..Co'lenanl'against the, OWNERS. !Dated: f~p.r ~~~ Ci' ",8. Georgi, Owner Dated: Lf /US Jo 5 'iltu~L)fA .4. ~~ Theresa A. Georgi, 0- er .~, Ie. Q!""'" CITYOd ~ , Dated: By' . . .I.~ NiaWFhtz, Director,tif Develop 'f.Services C6 -t:R<;t , . . - -...............y J.'lU SE 625926 Page 1 of Exhibit A EXHIBIT' A' The land referred to herein'is'situated in'the County of San Dieqo, City of; Poway, 16455 State of California, and is described as follows: Parcel 1 Those 'portions of Lots 19 and 20 of County of Sail Diego Tract 3842-1 in the City of Poway, County of San Diego, State of California, according to Map thereof No 9620, filed in the Office of the County Recorder of San Diego County, April 15, 1980, described as follows Commencing at the Southeast corner of Lot 15 of said Map No 9620; thence North 01019'02" East along the East line of Lots 15, 18 and 19 of said Map a distance of 639 58 feet to a point, distant thereon South 01019'02" West 81.00 feet from the Northeast corner of said Lot 20 and being tne TRUE POINT OF BEGINNING; thence South 67031'56" West,. 234 99 feeti thence North 25040'00" West, 122 00 feet; thence North 63045'1011 West, 94 50 feet to a point on the Easterly line of Valle Verde Road as shown on said Map No 9620, said point being as a curve concave Northwesterly and havi~g a radius of 1,530 00 feet, a radius bearing to said point bears South 63045'10" East; thence along ,said curve and Easterly line in a Northeasterly direction through an angle of 5025'1.911, 144 79 feet to the most Northerly corner of said Lot 20i thence along ,the' Northeasterly line of said Lot 20, South 69010'2911 East 319 71 feet to the Northeast corner of said Lot 20; thence South 1019'02" West along the East line of said Lot 20, 8LOO feet to the TRUE POINT OF BEGINNING. EXCEPTING and RESERVING unto the Grantor, as mineral interest and not as a royalty interest, all oil, gas, hydrocarbons, mineral and associated substances int under, or produced and saved from said real property; provided, however, that the Grantor does not reservet and hereby expressly waives, any right of entry on the surface of said Tract for the purpose of removing or mining such substances Parcel 2 : An easement for road, publ~~ utility and drainage ,purposes, 25 00 feet wide, over, under, along arid acrqs!3 those portions of Lots 17, 18 and 19 of County of Sa~1.niego Tract 3842-1, in the City of Poway, County of San Diegot State of Californiat according to Map thereof No 9620, filed in the Office of the County Recorder of San Diego County, April 15, 1980, the center line is described as follows Commencing at the most Northerly corner of Lot 17 of County of San Diego Tract 3842-1, as shown on said Map No 9620, said corner being on the Easterly right-af-way line af Valle Verde Road and on ,the' arc of a curve concave Northwesterly and having a radius of 2,624 57 feet, a radial line to said corner bears South 57037'04" East; thence along said curve and right-of-way linet in a Southwesterly direction, through an angle of 00039'18", 30 01 feet to the TRUE Page-L of -LPages FTGIS 1 BOOO ....,._......-.,..u , . . 16456 .---- . . _...... V~;}~~O '.-,- Page 2 of Exhibit A '_=.:,r' ,--- ~."*,,,__,r:-"'.__".?"^"""'-'~" .-- POINT OF BEGINNING; thence radf-al'ly to said curve South 06057'46" East, 2 52 feet to the beginning of 'a tangent curve concave Northerly and having a radius of 35 00 feetj thence along said: curve in an Eas~erly direction, through an angle of 830'40 J 52 JJ , 51 12 feet; thence North 39021"2-3/1 East, 259 74 feet to the So~therly line of Parcel I apove described and there terminating, said terminus bears South 63'045' IOu East, 81.67 feet from the most Easterly corner of said Parcel 1 " < Page-Lof -LPages 'FTGIS1600D - e'. . 1645'7 ; CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 1 1 I State of California ,} I S? \) ss, 1 I County of C'\ ' ie.s L') 1 On A pc', \ \i'. c:XX:)'5 before rne, 'e'~. \No , ' ,Ii ~ 1 Dale C -. _~NameandTitle<)fOfllCer(e.g.:"JaneDoe,NotaryPubllc' I 1 personally appeared ra,.5 c.. a I\<l The('e~a A . 6'(0(5 I Name(s)ofSlgner(s) I o personally known to rne 1 i'- proved to 'rne on the basis of satisfactory I J evidence 1 ~__" I - . - ,sua: 0',,- .- - ... to be the perso~ whose nam~ is/~ J a- ~"~",-,'.'~ f SUb, scribe,d, to, the within instrument and 'I - -'...........,"'1421698 ' -r' NcIIaIy I'UtIIc . CaIlIomIa j acknowledged to rne that he/she/@ executed 1 [, ,_ :lIaftili9O, County -. the ,sa~e in his/her/Q authorized I. ....0IlnIm.1lrpNs1lwl3O,' capaclty~, and thaf by hls/her/llWr I I, " ,,4.._,... :- ,.-,,_ _ _' .;;. __~ ' signatur<e on the instrurnent the person(S), or ., " the, entity upon behalf of which the perso~) acted, ,executed the.instrument. [ WITNESS :nYhand~ ~JOl I Signalurs of Notary PubhC 1 1 OPTIONAL Though the information below.is not required by law,. it may prove valuable to perso~s.!~lyif}g on ti?e document and could prevent fraudulent removal and reattachment of this. form to another document. Description of Attached Document 1 1 Title or Type of Document: 1 Document Date: ,Number of Pages: [, I Signer(s) Other Than Named Above: I Capacity(ies) Clafmed by Signer I Signer's Name: o Individual Top oflhumb here I o Corporate Officer - Title(s): o Partner - 0 L1rnited [] General [ 1 IJ, Marney.in-Fact [ 0 Trustee o Guardian or Conservator o Other' ,I I Signer Is Representing: I 1 . ."" 0- , @ 1999 National Notal'{ Assocllltion 9350 De Solo Ave., P,O. Box 2402' Chalswonh, CA 91313-2402. www_nationalnotaty.org Prod. No,' 5907 Reorder: Call Toll-Free '-800-87IH$827