Covenant Regarding Real Property 2004-0212709
'. .' , .,-,' . 9481 DOC .2004-0212709
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RECORDING REqUEST BY' )
) f't'MAR ':tab . 2004 8:43 AM
CITY OF.POWAY ) ,~ ~,,--, .
) ., , OFFICIAL RECORDS
WHEN:RECORDED'MAIL TO: ) ,2-: SAN .DIEGO COUNTY RECORDER'S OFFICE
) ", . GREGORY J. SMITH, COUNTY RECoRDER
CITY'CLERK ) FEES: 14.00
CITYOFPOWAY )
POBOX 789 )
POWAY CA 92074-0789 )
) niiilli 11111 11111 iilll 1111 1IIIIi 11111 11111 11111 11I11 III 1III11111111111
\1 No Transfer Tax Due )
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}rV APN: 320-110-38
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COVENANT REGARDING REAL PROPERTY
Reed D Johnson and Rita E.. Johnson, PROPERTY OWNERS ("OWNER" hereinafter)
are the owners of real property described in Exhibit A, which is attached hereto and made a part
hereof and which is commonlykiiown as Assessor's Parcel Number 320-110-38 ("PROPERTY"
hereinafter). In consideration ofthe approyal of a building permit to construct a 697 -square-foot
guest house on the referenced property by the City of poway ("CITY" hereinafter), OWNER
hereby agrees that the guest house shall never be rented or leased as a separate unit, no
kitchen facilities shall be installed, and no gas line and/or 220 amperes electrical service shall
eyer be installed.
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 ofthe respective parties.
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
OW"," f2
Dated:-tA,~ /5; JODi By
Dated1JJ~ 5,. .!l-f!)O t/. By
Dated: ~')-O'( By'
elopment Services
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i c;A'~IFQRt.lIA ALl.PUIU~AACKNOWLED~MENT
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State of C;J // ;';;V'1 {'.:;
County of ~;;;H ~;M
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On Or~~ >;/~ </ before me, L. /",~';- 1/. kilr-l/
Date , ~ Nama and Ti!(e.()f Officer (e.g., "Jalle Doe, Notary Public")
personally appeared 1~p d ]) , r;? It., 'r.1 -:J -"/,../ If, 'f '], /; ~}h N..F/Jit/ :
( , v - Name{s) 01 Signer(sl
p(personal/y known to me - OR-Oproved to me on theba~is of silt is factory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
~ ~ RO~RT N. GARY ~ or the entity upon behalf of which the person(s) acted,
-. . Comm. I 1327830 executed the instrument.
UI .. ,NOTARY PUBliC. CALIFORNiA (f) WITNESS my hand'and official seal.
. Sin Die,. COUnlV -
My C.mm. Expires NO'i)8:200S" ~/~$~
o T10NAL
Though the infonnation below is not required by law"itmay prove valuable to perSons:relying on the document and,cou/d prevent
fraudulent removal. and rea'ttachment oi this form to another'document.
Description of Attached Document
Title or Type of Document:
Docllment Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: KEEh 3014V::oiv Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - D'Limited 0 General
o Attorney'in.Fact o Attorney'in-F;:act
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' Top of thumb' here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C,19'94 Natlonal Notary ~;soclat~. "6236 Remmel Ave., P.O.' Box 718'!' Canoga Park, CA 91309~7184 Prod. No. 5907 Reon:ler: Can Toll-Free 1-600-878-6827
. . 9.483 .
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EXHIBIT "A"
THE 'FOLLOWING 'DESCRIBED REAL PROj:iERTY LOCATED IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS
,PARCEL 1:
THAT'PORTION OF LOTS 1 AND 2 OF SECTION 4, 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
'BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 41
MINUTES 40 SECONDS WEST259.~2 FEET ALONG THE NORTH LINE OF SAID LOT 2; THENCE
SOUTH 23 DEGREES 30 MINUTES 20 SECONUS EAST 86.~8 FEET TO THE BEGINNING OF A
TANGENT 158.37 FEET RADIUS ClJRVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL AN9LE OF 38 DEGREES 52 MINUTES 10 SECONDS,
AN ARC LENGTH OF 107.44 FEET; THENCE'TANGENT TO SAID CURVE SOUTH 62 DEGREES 22
MINUTES 30 SECONDS EAST 102.65 FEET TO THE' BEGINNING OF A TANGENT 370.00 FEET
RADUlS CURVE CONCAVE SOUTHwESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15 DEGREES 32 MINUTES 50 SECONDS, AN ARC LENGTH OF
100,.40 FEET; THENCE TANGENT TO SAID CURVE SOUTH 46 ,DEGREES 49 MINUTES 40
SECONDS EAST 95.00 FEET TO THE .BEGINNING OF A TANGENT 1000.00 FEET RADIUS
CURVE CONCAVE 'SOUTHWESTERLYi; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 4 DEGREES 54 MINUTES 50 SECONDS, AN. ARC LENGTH OF 85.76 FEET;
THENCE TANGENT TO SAID cuRvE
ARC LENGTH OF 221.87 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 78 DEGREES 31
MINUTES 20 SECONDS EAST .13.7 '23 FEET TO THE BEGINNING OF A TANGENT 500 00 FEET
""
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG .SAID CURVE THROUGH A
CENTRAL ANGLE OF 15 DEGREES 24 MINUTES 30 SECONDS, AN ARC LENGTH OF 134.46
FEET; THENCE TANGENT TO SAID CURVE NORTH 86 DEGREES 04 MINUTES 10 SECONDS EAST
83.01 FEETi THENCE NORTH 3 DEGREES' 55 MINUTES 50 SECONDS WEST 30 00 FEET,;
THENCE NORTH 1 DEGREES .11 MIN1JTES 19 SECONDS WEST 483 94 FEET, MORE OR LESS,
TO SAID NORTH LINE OF LOT, 1; THENCE ALONG SAID NORTH' LINE OF LOT I, NORTH 89
DEGREES 41 MINUTES 40 SECONDS: WEST 907.53 FEET TO THE 'POINT OF BEGINNING.
EXCEPTING THEREFROM. THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE .DESCRIBED LAND BEING SOUTH
89 DEGREES 41 MINUTES 40 'SECONDS EAST 702 36 FEET FROM THE NORTHWEST CORNER OF
SAID LAND' THENCE SOUTH 01 DEGREES 11 MINUTES 19 SECONDS EAST 470.11 FEET,
, MORE OR LESS , TO A POINT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED LAND,
SAID POINT BEING .THE TRUE POINT OF BEGINNING;. THENCE NORTH 1 DEGREES 11
MINUTES: 19 SECONDS WEST 30.12 FEETi THENCE NORTH 15 DEGREES 22 MINUTES 44
SECONDS WEST 224.80. FEET; THENCE NORTH 14 DEGREES 23 MINUTES 26 SECONDS WEST
153.44 FEET; THENCE ,SOUTH 88 DEGREES 44 MINUTES 36 SECONDS EAST 90.23 FEET TO
A POINT ON ALINETIlAT BEAR.s NORTH 1 DEGREES 11 .MlNUTES 19 SECONDS WEST 76.51
FEET TO THE POINT OF TERMINATION ON SAID NORTH.LINE
31578107/14/03) W4:3 BORROWER COP.Y