Covenant Regarding Real Property 2005-0204534
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'f$; ; RECORDING REQUEST BY: )
CITY OF POWAY ) MAR 11. 2005 2:46 PM
f~WHEN RECORDED MAIL TO: )
) nFFICI.o.l. REU]F:C",
CITY CLERK ) ~"DJJ [ilEI_~n COUNTI F:EClJR[IEr:'~, OFrlrE
CITYOFPOWAY .14087) I:JF,E0nR"1 ,] '3MITH [own'l F:ECOR[IE-F:
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P O,BOX 789 ) P;':',bE~, 3
POWAY CA 92074-0789 ) 110111111111111111111111111111111111111111111111111111111111111"'"11111111111
APN: 321-060-24 .. . .' 2005-02045
MDRA 04'40
COVENANT REGARDING REAL PROPERTY . 34
Whereas~ndreas K. Seitz~ndElizabeth W.Seitz, Husband<lnd Wife, as Joint Tenants,
PROPERTY OWNERS ("OWNER"ihereinafter), are.the oWners of real property commonly known
as Assessor's Parcel Number 321-060-24 ("PROPERTY"hereinafter), and more fully described
as:
THAT PORTION OF LOT 4 IN SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO'BASE AND MERIDIAN, INTHE CITY OF POWAY, AS
MORE COMPLETELY DESCRIBED IN EXHIBIT A.
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor
Development Review Application (MDRA) 04-40, involving a 1 ,009"square~foot guest house,
OWNERS hereby agree that no portion of the guest house shall ever beTented or leased asa
,separate unit, complete kitchen .faciiities shall not be installed, and rio gas line arid/or 220
ampere electrical service shall everbe installed.
,. This Covenant shall. run with theJand and be binding upon and iriureto the benefit of the
future ()wners, encumbrances, successors, heirs,personal,representatives, transferees and
assigns of the respective parties.
In the event that MDRA 04-40 expires or is rescinded by City Council, and building
permits are never obtained'to construct the proposed guest house, CITY shall at the request of
OWNER expunge this Covenailtfrom the record title of PROPERTY
In. the event of litigation to enforce the provisions of this Covenant, the prevailing party
shall be E)ntitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party.
OWNERS:
--'-
Dated: ! >( c S' By' b1*/~"_1 ~~. ~0-/
Aridreas K. Seitz (notaiize)
.1
~l~0 ~U~
Dated: (_. 3/- 05 By"'(, ~ . .' .
- ~abeth W Seitz (notarize
Dated: /?' 1'~
M:lplanninglpeooylmdra2004 Imdra04'40 Seil2\mdra04-40covenanlguest house .doc
.... Q5;l.
DO" .
. -- . -. 14088
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
. . -.-. . .
State of Cl II tnV'Y'\-\ Cl.
Counfyof ~ D\P~D
On '3 \ .JQ....r\ '1-(:1:) before me.
personally appear:~"AV\{1Vf'r. <; Cw\C\ f\IUl~ofOff~~+:;:No"~P" 110') ,
- - Name(sloISlgner(s)
~rSOnallY known to me - OR - D proved to me on the basi.ss~, 1 ,sa. tislactoryevidence to bethe,person@
whose namWi~subscribed to the ~in instrument
and acknowledge.cli'o me:that h the xecuted the
, same in' r~e~uthorized capacity les and that by
1,- - - - ~~- ... J h' heir ignarure~on'the instrumeht.the persor@)
_8' .c:....:'...~.. ii.i406u.... 5 or the entity upon behalfolwhlch the perso@acted,
i' 'NaOl&IY PIlIlIc,. Ca!!fDn*I l executed the instrument.
. j Ian DIego cOUJ1Iv f
.. _Qlmrn.El!pbMar2e;2007' WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not.(equire_d'bY-l.a,W, it l1Jay prove valuable to persons relying on the document and could prevent
fraudutenUemoval arid, reattachment of this form to another document.
Description of Attached Document
Title or Type 01 Document:
Document Date: Number of Pages:
Signer(s) OtherThan Named Above:
Capacity(ies) Claimed. by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer' D Corporate Officer
Title(s): Titie(s):
D Partner - D Limited D General D Partner - D,Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator .
o Other" Top of thumb here 0 Otner' Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1994 Nationat Notary Association. 8236 Remmel Ave:, P.O.' Box 7184' . Cimog,i Park, CA 91309-7184 Pr'od.' No. 5907 Reoider: Call Toll-Free 1-800-876-6827
. - . 14'089
'r ..~
EXHIBIT A
PARCEL 1:
.THAT ,PORTION OF. LOT 4 IN SECTION 5, TOWNSHIP ,14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE' CITY OF ,POWAY, COUNTY OF SAN DIEGO, STATE
OF CALHORNIA, ACCORDING TO THE OFFICIAL PLA,T THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST. CORNER OF SAID SECTION 5,; THENCE ALONG THE NORTHERLY
LINE OF SAID SECTION 5, NORTH 890 48' 1011 EAST, H9 .25 FEET; THENCE AT RIGHT'
ANGLES SOUTH 000 11' 50" EAST, 200,00 FEET; THENCE AT RIGHT ANGLES, NORTH 890 48'
10"EAST 2000 FEET TO THE TRUE POINT OF BEGINNING; ,THENCE CONTINUING ALONG SAID
RIGHT OF WAY BEARING NORTH 89.0 48' 10" EAST 280 60 FEET; THENCE SOUTH 000 11' SO"
EAST 43 72 FEET TO TIlE' MOST NORTHERLY CORNE.R. OF LAND DESCRIBED IN PARCEL 2 IN
DEED TO FORREST A LEES, ETUX, RECORDED FEBRUARY 24, 1956 IN BOOK 5989, PAGE
188 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF LEES'
LAND AS FOLLOWS: SOUTH 680 03' 2011 EAST, 6.18 FEET TO THE NORTHWESTERLY TERMINUS
OF A TANGENT 100.00 FOOT RADIUS CURVE THEREIN, CONC~VE SOUTHWESTERLY;
SOUTHEASTERLY ALONG THE ARC ,OF SAID CURVE THROUGH A CENTRAL ANGLE OF 620 11' 00"
A DISTANCE OF 108.53 FEET; TANGENT TO SAID CURVE SOUTH 050 52' 20" EAST 242 00
FEET TO. THE MOST EASTERLY CORNER OF .SAID LAND; AND NORTH 840 54' 30" WEST, 237.37
FEET TO.AN ANGLE POINT IN THE BOUNDARY OF'LAND FIRST DESCRIBED IN PARCEL 1 IN
SAID DEED TO LEES HEREINABOVE REFERRED TO; THENCE ~ONG THE BOUNDARY OF SAID
LAND SOUTH 71~ 08' 50" WEST, 143,01 FEET TO THE SOUTHEASTERLY CORNER OF LAND
DESCRIBED IN PARCEL 1 ~N .DEED TO SIMON J RAMBAUGH, ET UX, RECORDED AUGUST 2,
1962 AS FILE NO 131516 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF
SAID PARCEL. 1 OF RAMBAUGH'S LAND NORTH 000 11' 50" WEST, 393 63 FEET TO THE TRUE
POINT OF BEGINNING
PARCEL 2,
EASEMENTS, RIGHTS OF WAY AND INCIDENTAL PURPOSES THERETO, AS STATED THEREIN OVER
PARCELS 2 AND 3 AS DESCRIBED IN .THE DEED GRANTED TO ANDREAS K SEITZ AND
ELIZABETH W SEITZ, HUSBAND AND WIFE, AS JOINT TENANTS AND RECORDED OCTOBER 18,
1999 AS FILE NO 1999-0700162, OFFICIAL RECORDS