Covenant Regarding Real Property 2005-0116347
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~i--" ... DOC. 2005-0116347
'1 ,.. ., 111111111111111111111111111111111111\ 11111 1111111111 111111111111111111 '
~,~ 'RECORDING REQUEST BY. )
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~ CITY OF POWAY ) FEB 10 2005 4'03 PM
\ WHEN RECORDED MAil TO: )
) OFFIClpL F:Ecom,';
15941: ':..c.\JJ [IIECiU II11J~n'( F:UIIR[IEF"i": OFFICE
CITY CLERK GF:Uil-!f-:'1 ,I 9,'jITH UJUrH'1 RECOFi[IER
FEE " 1 ~ 00
CITY OF POWAY ) F'I..J,C1E ' 4
P'O BOX789 )
POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
)
No Transfer Tax Due ) 2005-0116347
APN 322-041-39/MDRA04-11 0
COVENANT REGARDING REAL PROPERTY
Wanda Eng, a Widow, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property described in Exhibit A, which is attached, hereto al)d. made a part hereof, and which is
commonly known as Assessor's Parcel Number 322-041-39 ("PROPERTY" hereinafter).
In consideration of the ap~roval by the City of poway ("CITY" hereinafter) of Minor
Development Review Applicaiion '(MDRA) 04-110, a request to convert 792 square feet of attached
garage area to living area,.at an existing one-story, single-family residence, with a detached guest
house and garage, on a 4 OO-acre, lot located at 1.7240 Iron Mountain Drive, in the Rural
Residenti1l1 Azone, OWNER heIeby agrees that no portion of the converted area s.hall ever be
rented or leased as a separate unit, and kitchen facilities shall never be installed. No natural gas
connection or 220V electricity is permitted in tne converted area.
This Covenant shall run with the land and be binding' upon and. inure to the benefit ofthe
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that MDRA04-110 expires or is rescinded by City Council at the request of the
OWNER, CITY shall expunge this Covenantfrom the record title of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other.
party
OWNER:
Dated: ;;<-1-05 By' U~\cc[\t\~
WilndaEhg ( tarize)
CITY OF POWAY
Dated: /...."/"..).. o~ By' A/fJ/
M:\planning\Lisa\f?rojects\MDRA04~110_Eng res add\covenant.doc
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15942
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California j } ss
County of <;;/V' '/a u
I On W:)/2I-r4/2.1j 12~tlJ:foreme, If;YU6 JI/:,/Y//)!c-rA-rV', / SUC--
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I perSOnallyappeare:te t.JA;rlf)~ ~/YL; Name and Title of Officer (e.g "Jane DOe,Notary Public")
I' I Name(s)of Signer(sl
I o personally known to me
( '~Oved to me on the basis of satisfactory
evidence
t......---------- to' be the personN. whose name()l is/aie::
@""~'" -, subscribed to the within instrument and
_ Commission # 1450304 acknowledged to me that 'h<l/she/t~ executed "
~ . -0 Notary PublIc . CaIIfomIa f the same in !1li./her/thB(r authorized
I, j' Son Diego County f capacifY(i~, and that 'by f)iS/her(lfIs;(
, _ '- _ ~:o:m~~No:9~2~7 signature(s) onfhe instrument the person(s), or
( the ,entity 'upon behalf of which the person(~
I acted, executed the instrument.
WITNESS rf,1 hand and oHicial,SI,al. ----.. i
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U Signature Of No!af)' Public
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I Though the information below is not feq~ired by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this foim to another document.
, Description of Attached Document
, litle or Type of Document:
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I Document Date: Number of Pages:
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I Signer(s) Other Than Named Above: I
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Capacily(ies) Claimed by Signer
Signer's Name: I
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o Corporate OHicer - Title(sr:
, o Partner - 0 Limited 0 General
o Atlorney.in.Fact
o Trustee
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( Signer Is Representing: I
@ 1S99 National Notary Association 9350 De Solo Ave., POBox 2402' Chalsworth, CA 91313 2402. www.nationalnolary.org Prod. No. 5007 Reorder; Call Toll Flee 1800876-6827
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EXHIBIT 'A' All that certain real pfoperty,situated in the County of San Diego, State of California, described as
follows:
Parcel A.
Parcel 2 of Parcel Map NO.1 0213, in the County of San Diego, State of California, said map being
'filed in the office of the County Recorder of San Diego County; ,July 10, 1980, as File No. 80-
217151 of Official Records,
RE:lservingan easement and right of way. for road, sewer, water, gas, power and telephone lines
and appurtenances thereto over, under, along and acrosi'; that portion of land shown and
delineated on said map as "proposed 30 foot private road easement"
Also reserving and easement and right of way for access to and maintenance thereto to for well
and pipe line purposes over, under, along and across'that portion lying within parcel G hereinafter
described.
These easements are reserved for the benefit of the Grantor's .adjoining land and are hereby
declared to be forever appurtenanHhereto and shall be used by the "present and future owners of
all or any part of the Grantor's adjoining land.
Parcel B:
An easement for road and utility,purposes over, under, along and across'a strip of land 6000 feet
in width, the centerline of said.60 00 foot strip being th,e t'>!ortherly Iin€l ofthe Southwest Quarter of
the Southeast Qua-rter of Section 10, Township 14 South, Range 1. W.est San Bernardino
Meridian, according to the Official Plat thereof, and that portion of the Northerly line of the
Southeast Quarter of 'Southwest Quarter, of said Section 10, lying Easterly of the Easterly right of
way line of California State Highway XlcSD-198-G San Vicente,
Parcel C.
An easement for road and utility'purposes, over, under, along and across the Westerly 30.00 feet
of the Easterly 41 00 feet of the Southwest Quarter of the Southeast Quarter of Section 10,
Township 14 South, Range 1 West; San Bernardino Meridian, according to the Official Plat thereof
Except therefrom the Southerly 297 13 feet.
Parcel D'
An easement for road and public utility, purposes over those portions of Parcels 1, 2, 3 and 4 of
said Parcel Map No. 3848, lying within the, boundaries' of that-certain easement as designated and
delineated as "Existing Irrevocable Offer to Dedicate Real Property For Roadway Purposes",
granted to the County of San Diego per DocumenfNo.75-138195.
Excepting therefrorhthat portion lying within the above described Parcel A.
Parcel E,
An easementfonoild and public utility purposes over that portion of Parcel 4 of Parcel Map No.
3848, filed in the office ofthe County Recorder of San Diego County, June 5, 1975, lying within the
boundaries of that certain easement, as designated and dEllineated on said Parcel Map 3848, as
"Proposed 60 foot private road easement"
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Parcel. F,
An easelllent ancj' right of way for access to and maintenance therefrom for well and pipeline
pwposes over,under, along and across those portions of Parcel 1 of said Parcel Map No, 10213,
described' asfol.lows:
A 10,00 foot strjp of land, the center line of said strip being described'as follows:
'Beginhingat the Northeast corner of said Parcel 1, thence along the Easterly line thereof South
1006'10" West 323,27 feet an~d South 25056'11" West 11 00 feeVto the true point of beginning;
being also Point X of this description; thence North 23007'09" West 197,30 feet to Point Y of this
aescription,
Also that portion being within a 7 00 foot radius circle, the center of which is Point Y described
above.
The sidelines of said 10.00 foot strip. we to be shortened or prolonged so as to terminate in the
east with said easterly line of said Parcel 1
Parcel G:
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An easement and right of way for access to and. maintenance therefrom for well and pipeline
purposes over, under, along 'arid across those portions of Parcell and Parcel 2 of said Parcel Map
No. 10213, described as.follows:
A 10 00 foot strip orland, the centerline of said strip being described as follows:
Beginning at Point >5described,in Parcel F above; thence aiong the Easterly line of said Parcel 1 of
Parcel Map No. 10213 South 25.56'11" West 239.00 fee! and South 01006'10" West 4740 feet;
thence leaving said Easterly line North 88053'50" West 54.50 feet to Point Z of this description.
Also that portion lying within a TOO foot radius circle, the center of which is Point Z described
above,
Except therefrom that portion lying within Parcel F described above.
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