Covenant Regarding Real Property 2005-0034760
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I', ~f-~CO.RDING'REQUESTED BY' ) I DOC# 2005-0034760
fi.; ';CIJYOF POWAY ) ! 111111111111111111111 111111111111111 II/II 11111111111111111111 11111111
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$vVYHE;N REC'ORDED MAIL TO' ) JAN 13 2005 2:35 PM
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t CITY CLERK ) CiFFICI,Ll,L HEcnR[I'_,
CITY OF PbWAY ) :.,ClJ'J [IIEC;n CCiUlH I FiEcuF:[IER'C, CIFFICE
POBOX 789 ) CiF:E-i10F:',,1 SMITH; cuur.JT I F:ECCiR[IER
POWAY CA 92074-0789 ) fTl.. '.....11(1
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No Transfer Tax Due ) 11~~~m~~~~~oooooooom~
APN: 316-071-02 2005-0034760
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COVENANT REGARDING REAL PROPERTY
Deborah Bowyer, a single woman ("OWNER" hereinafter), is the owner of real
property described in Exhibit "A", which is attached hereto and made a part hereof, and
which is commonly known as Assessor's Parcel Number 316-071-02 ("PROPERTY
hereinafter).
In consideration of the approval of a Building Perll1it to construct a ;1 ,995-square-
foot, detached garage/workshop:on, the referenced property by the City of Poway ("CITY"
hereinafter), OWNER ,hereby agrees that the detached garage/workshop is non-habitable
space. Said detached garage/workshop shall not be used for commercial purposes,
except in accordance with the Hgme Occupation Permit provision as listed in Section
17.28010 of the Poway Municipai 'Code.
This Covenant shall run with the land and be binding upon and inure to the benefit
of the future owners, encumbrances, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that a Building Permit is never obtained to construct the proposed
detached garage/workshop at the request of the OWNER, the CITY shall expunge this
Covenantfrom the record title ofthe PROPERTY
If, either party is required, to .!ncYJ costs to el}force the provisiol}S of this Covenant,
the. prevailing party shall be entitled,to full reiinbursement<0fall costs, including reasonable
attorneys' fees, from the other party The CITY may assign to persons impacted by the
performance of this Covenanttheright to enforce this Covenant against the OWNER.
Dated: iS1fJ S- ~
eborahB er, wner
CITY OF POWAY
Dated: /- S-~ -)" By'
opment Services
05 ,a:>."l.
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' ; EX H I BIT'" A" '
rPiJl:RCE L 1:
All th'a.t po.rti,on of the North Half oJ the Northeast Qua,rter
of Section 22, Township 14 South, Range 2 West, San Bernardjno
Meridia'n, in the County of San DiegO" State of Californta,
according to United States Government Survey approved September
11, 1879, descrfbedas follows:
COMMU~CING at a point on the Southerly 1 i:ne of that certain
80.0.0 foot Count'y .~ighway (F.A.A. 729(i)) as shown on the
Map of the Rel o.cat'i on of Road Su rvey No." 987 on fi 1 e in the
Office of the CQ,unty Surveyor of said Sa,n Diego County, sa;'d
point being opposite Eng'ineer's Station no plus 89.06 E. C.
in the center line ,of s'aid highway and being also the Easte,rly
terminus of a curve in said Southerly 1 i ne concave Southeasterly
and havi ng a radiu.s of 2360.00 feet; thence Southwesterly
a 1 0 n g sai d cur v e., thro ugh ace n t r a 1 an g 1 e 0 f 2 054 ' 48", a
d'istance of 120.00 feet to a point thr;.ough which a radial
1 ine of said curve bears North 13056'08" West; thence leaving
the Southerly line of said highway,South 25042'45" fast,
240.51 feet; thenc;e North 8P13'40" East, 181.32 feet;
the,nce South 280.29" East, 305.45 feet; thence South 62042'
West, 3(1".]1 feet to the beginning of a tangent curve concave
Southeasterly and havi,ng a radius of 150.00feet; thence
Southwest'erly along sa'id curve, throug.h a central angle of
46041'30" a distan'c,e,of 122.24 feet, thence tangent to said
curve South 16000'30" West" 61.42 feet; thence South 39030'15'"
East, 249.75 fe.et to, the True Point,'of Beginning; thence
continui ng South 39'03'0'15" East, 111. 25 feet; thence South
2 1 028'15'" E a s t, 1.25. 6 0 feet; th en c e No r t h 72031' ,55" E as t ,
2 15 . 17 feet; the n ceNor t h 13 04 I' 20" West, 178. 2 5 feet;
the n c e Sou t h 82051' 30'" We s t, 282. 00 fee t tot h e T rue Poi n t
of Beginning.
PARCEL 2:
A rig h t 0 f way for r oa d an d . pub 1 k uti 1 iti e s pur po s es 0 v e r
and across ast,l"ip of land, .20.00 Teet in width situ'ated
withfn theN,ort:h Ha,lf of the Northeast Quarter of saio
Section 22, Towns.hip 1'4 South, Range 2 West, said 20.00 foot
strip lying NortherlY oiand adjoin"ing the Northerly line of
the property described in Parcel 1 ~bove and extending
Westerly therealong from the North'e'r,;'y prolongation of the
fa'sterly line of said. property desc'r.i.bed in Parcell to the
Northwesterly pl"olonga't'.ion of a line drawn parallel with and
20.0'O'feet Northeasterly at right angles from that protion
of the Westerly boundary of said Parcell designateo therein
as" South 3 9 0 1 0'15'" fa s I., Ill. 2 5 feet".
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,PARCEL 3:,
A right of way for road and public ,ut'il'ity purposes over and
across a strip of land 40.00 feet' in width situated within
the Northeast corner of said ~ection 22, and a right of way
for road pu rjJoses over and across a stri p of land 30.00 feet
in width, situated within the Northeast Quarter of said
Section 22 and the So~theast Quarter of.Section IS, Township
14 South, Range ? W,e,st, San Bernardino Meridian, the center
line of said strip of land being described as follow.s:
BEGIN,NING .at the South,westerly corner of the property descttbed
in Parcel] above, being 'the Point of Beg'i'nning of the
center Tine of said 40,.,00 foot strip of land,; th.ence North
2)018'IS" West, 12S.60 feet; thence,North39030'IS" West"
361. 00 feet; theni:eNorth 16000 '3D" Eas,t, 61. 42 feet to the
beginning of a tangent curve concave Southeasterly and
h av i n gar a diu s of 1 5'0 .,00 fee t; th e nee No r the as t e r 1 y a 1 0 n 9
said curv,~, through a. cent,ral angle of 4,8041'50" a di,stance
of 122.24 feet ;then"ce tangent to sa'id curve North 62042'
East, g74.42 feet.,; thence North 540.04.' East, 124.49 feet to
a point on the Westerly line of land conveyed to George B.
McPetridge and wif,e :~y deed dated J,anuary 12, 1949 and
recorded in Book 3.158" page 492 of Offici al Records, sai d
point being the Sou,th.westerly terminu"s,of the center line of
a 30.00 footeasenient 'for road purposes as reserved in deed
to McPetridge and, be'ing also the Point of Beginning of the
centerline herein described 30.0.0 foot strip of land;
thence along the ce,nt,er line of easement reserved in said
deed to McPetridge 'N:orth 3900S'40" East, 214.9S feet North
2008'30" West, 33'S; 3'6, feet to Engineer's Sta.t'ion 118 plus
66.31 in the lin~s of the aforementioned Road Survey No.
987. The sidelil1es~f said 40.00 foot~nd 30.00 foot strips
of land to be pro'long"ed or shortened :asis necessary to
terminate in the abo~e mentioned Westerly line of land so
conveyed to McPetridge.
EXCEP.TING from the :above describ.ed 40.00 foot strip of land
that portion therein l'yil1g withi'n t'he, boundaries of the
property descrTbed in P'arcel 1 above,.
The rights of way'described in Parcels. 2 and 3 above are for
the benefit of and appurtenant to the property described in
Parcell above 'and shall inure to. the benefit of and may be
llsed by all persons who may here'after become the owners of
~aid appurtenant property or any parts or portions thereof.
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,~, Sta~e Ofcal:::~~ddQ~~d~=~@~~}~~~h<-""'..&f=&l?~""'~~""-!
& \) ss, ~
County of , C\ 'i t(l D I
On ::-s'ArI./i. :JD(AF) , before me.
Date' Name and Title of Officer (e,9.. 'Jane Doe. Notary P
I personally appeared l)eho('CLf) ~I D':{.e r
I, Name 1 a/Slgner(s)
o personally known to me
..x..proved to me on the basis of satisfactory
evidence
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SIlIRllIE 0, WORREll to be the personVf) whose name(.t) ~are
t.- Com. mlsalon # 1421698 I subscribed to the within instrument and
i '" ~=-c~::'~. acknowledged to me that ~Itiley executed
t' .' Ml'c:Gmm.I!lcpIRIsJun30, the same in loi6lf@J>'t~ir authorized
, .__ _ _~,,_ _ _ _ _ _ capacity(i-J, and that by 1oi61~/tI'leiT
. signatur$) on the instrument the person(st. or
the entity upon behalf of which the person(.&)
acted. executed the instrument.
WITNESS my hand and official seal
~d.I/I;-I ~
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment Df this form to another document.
Description of Attachem;ument ~ R.. 8
Title or Type of Document: J/hI/h~ ~4tll/llg. OnO ~
Document Date: .:\a.C'\ (5, .:lD05 Number of Pages: -5
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I Signer(s) Other Than Named Above: '--
I
Capacily(ies) Claimed by Signer
Signer s Name:
o Individual Top of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee ..'
o Guardian or Conservator
o Other'
I
I' Signer Is Representing:
,:<.;;- ._ ._ V'J
@1999National Notary Association' 9350 De Soto A~e, P Q. Box 2402' Chalsworth, CA 91313.2402' www_nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1.800.876~827