Covenant Regarding Real Property 2004-0430238
r~ . , RECORDING REQUEST'Y: (. DOC'
130()O 2004-0430238
)
CITY OF POWAY )
) f"f --'MA Y 12. 2004 8:12 AM
I
WHEN RECORDED MAIL TO: )
CITY CLERK ) OFFICIAL RECORDS
." SAN DIEGO COOOY RECORDER'S OFFICE
CITY OF POWAY ) , GREGORY J. SMITH, mUNTY RECORDER
PO BOX789 ) FEES: 14.00
POWAY Cft:. 92074-0789 )
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APN 323-070-57 -
-W COVENANT REGARDING REAL PROPERTY
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Whereas Saskia Honsik, PROPERTY OWNER ("OWNER" hereinafter) isthe owner of
real property commonly known as Assessor's Parcel Number 323-070-57 ("PROPERTY"
hereinafter), and more fully described in the attached Exhibit A and made a part hereto
In consideration of the approval by the City of Poway ("CITY" hereinafter) of a building
permit'involving the constructioriof a new residehce that includes a 794-square-foot, attached
2-car garage, including a second floor storage area, OWNER hereby agrees that the 794-
square-foot garage area is considered non-habitable space.
,- - - This Covenant shall run with the lahd and be binding upon and inure to the benefit of
'the future owners;-encumbrancers"suc,cessors, heirs, personal representatives, transferees
and assigns of the respective parties, --
In the event that a building permit is never obtained to.construct the residence and
garage, CITY shall, at the request of OWNER, expunge this Covenant from the record title of
PROPERTY
I n 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
< f / 'J- 10(/ By ~w~~
Dated: J1~.
/ '
CITY OF POWAY
Dated sh JOLt By' ffi-
Niall Fritz, Director/of De pment Services
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CALIFORNIA ALL.PURPOSE ACKNOWlEDGMENT
1
State of California } ss
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County of --.:i1 # j)/ ao
before me, &YU;5. Yn /'/// /i7/!r.: Y ?&~U <;:.". I
On 1J1/fj 7, ZIJtJtj
Date , fIt//S/ Km""dT>>"OfOffiO""" 'J,",DMN",,',b!;o',
personaily appeared 5f::KK/4 I
Name(sl01 Signer(5)
1 o personally known to me
~oved to me on the basis of satisfactory
1 evidence
I to be the perSOn(~WhOSe name(,~ is/a~
I' ~ PHYlLIS SHINN 1
< I::t ;i. Commission # 1450304 subscribed to the ithin instrument an
2 ~-'-~. Notmy Public California f acknowledged to me that~she/t~ executed I
j , , Son Diego County f the same in ~/her/t~ authorized ,I
capacity(i~, and' that y i\i4'her/t~
_ "_ _ ~:~m~EX~N~V9~2~7 signature~ on the instrument the person~l or
the entity~pon behalf of which the person(Jl\
acted, executed the Instrument.
1
I,
OPTIONAL I
Though the information below is not required by'ffiw. it may prove valuable 10 persons relying on Ihe document and could prevent
fraudulf~nt'iemoval and reattachment of this form to another document.
1 Description of Attached Document )
1 Title or Type of Document: {);tlt/P'/JPr /.?co,,1{:-4/ ,(/;; 'fYTL ~)C6Jt:;fY
[ , /
1 DocumentDate: 11m 7 -zoot Number of Pages: 2-
1 ' / ;'" 'I
Signerls) Other Than Named Above: M?f'L L r/2-'7 T2-
Capacity(ies) Claimed by Signer
Signer's Name: 1
.
o Individual Top of thumb here 1
o Corporate Officer - Tltle(s): ,I
o Partner - 0 Limited 0 General I
o Attorney-in-Fact
D Trustee 1
D Guardian or Conservator
D Other' I
Signer Is Representing:
, , "
(l:) 1999 National Notary Association' 9350 De SotoAve., P,O. Box 2402 0 Chatsworth, CA 9/313-2402 oWWw.nationalnotary.org Prod_No_5907 ReordEn:CaItTolI.Free 1-BOO-B76-6827
. 130'82 .
.
. SASK1A.HONSIK
Covenant Regarding Real Property
May7,2004
EXHIBIT A
Parcel 1
T.he, E.asterly. 330 53 feet of that portion of the Northeast Quarter of the Southwest Quarter of Se~tion
17; Township ,14 South, Range 1 West, San Bernardino Meridian, in the County of,San Diego, .Stine
" _.oLCalifbrnia: 'according-to Offi6iai'Platthereof;-described as' foilows: --
-.---- -
Commencing at the Southeast corner of said Northeast Quarter of the Southwest Quarter; thence along
the Easterly line.of said Northeast Quar!er of the Southwest Quarter, North 00011 '20" West, 44.57
feet to the Southeast, corner ofland described in Deed'to Thomas Neil Moore, recorded December 1,
1966 ~s File No. 188297 of Off.icial Records; thence along the Southerly line of said, Moore's L~ndi
- . - ... - .
No,rth 88051'20" West, 30053'feet,to a point herein designated as Point "X"; thence continuing'albng
said Southerly line, North,88051'20'''West 229.00 feet; thenqe North 01,008'00" East248.00 feet to
a point herein desigrlated as Point "Y"; thence North 88051 '20" West 215.59 feet to the Westerly line
of said Moore's Land and the Tnje Point of Beginning; thence retracing South 88051 '20" East 215.59
feet to said Point "Y", thence Easterly in a straight line,tothe Northerly terminus of a line which bears
North 00'011 '20" West, 20550 feet from said Point "X", thence South 88" 51 '20" East 300.53',feet
to the Easterly line of said Northeast Quarter of the Southwest Quarter; thence albng.said Easterly line
North 00011'20" West, 20550 feet to the Northeast corner of said Moore's Land; thence along the
Northerly and Westerly lines of said Moore's Land as follows:
.
North,880 51 '20" West 739'.14 feeuo the Northwest corner of'said land and South 01008'00" West
---162:90-feet.to-th-e-TruePoint of Beginning; - - -, --- - - - - -- -
Parcel 2:
An easement for road purposes over, along.,and' across a strip of land 30.00 feet in width lying within
the Northeast-Quarter of the Southwest,Quarter of Section 17, Township 14 South, Range 1 West,. San
Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof
the center line of said strip being as follows:
Commencing at the 'Southeast corner of said Northeast Quarter, of the Southwest Quarter; thence
along the Easterly line of said Northeast Quarter of th,e Southwest Quarter, North 00011 '20" West
44 57 feet to the Southeast corner of land described in Deed to Thomas Neil Moore, recorded
December 1, 1966 as File No. 188297 of Official Records; thence along the Southerly line of said
Moore's Land, North 88051'20' West 300,5~feet to,apointherein designated'as Point "X", thence
along said Southerly line North 88051'20" West 229.00 feet; thence North 0,1 008'00" East 248.00
feet to a point herein designated as Point "Y", thence North, 880,51 :20" West, 215 59 feet to the
Westerly line of said'Moore's Land and the True Point of Beginning; thence retracing South 88051 '20"
East 2'1:5';59 fseUo said,Point "Y",; th~nce Easterly in a'straight.line to the Northerly terminus of a line
which bears North 00011'20"West 205.50 feet from said Point "X"; thence ,South 88051'20" East,
300 53 feet to the Easterly line of said Northeast Quarter of the Southwest Quarter
Except therefrom that portion lying within Parcel 1 hereinabove described.