Covenant Regarding Real Property 2004-0638442
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fi CITY OF POWAY )
) JUL 09 2004 8'12 AM
~ WHEN RECORDED MAIL TO: ) OFFICLo.L F:ECOF:[""
Uff" CITY CLERK ) ~.b.!'l OIEllO counT', F:ECOR[IER'S OFFICE
[ CITY OF POWAY ) GF:E GORY.I ~;~",jlTH COUrH'{ F:ECOF:[IER
POBOX 789 ) rEE", 14.UO
P.:.:.CiE:=, 1
POWAY CA 92074-0789 ) 1 1IIIIi 11I11 111111111111111111111111111111 11111111111111111 111111111111111111111
No Transfer Tax Due )
APN 321-270-68
COVENANT REGARDING REAL PROPERTY
Whereas Thaier Gorial, PROPERTY OWNER ("OWNER" hereinafter) is the owner of
real property commonly known as Assessor's Parcel Number 321-270-68 ("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 Minor
Developrnent Review Application 01-36R, involving the construction of a 730-square-foot
detached pool/guest house, OWNER hereby agrees that no portion of the pool/guest house
shall ever be rented or leased as a separate unit, no complete kitchen facilities shall be
installed, and no gas line and/or 220 ampere electrical service shall ever be installed
This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrancers, successors, heirs, personal'representatives, transferees
and assigns of the respective parties.
In the event that Minor Development Review Application 01-36R expires or is
rescinded by City Council, and building permits are never obtained to construct the proposed
addition, CITY shall, at the request of OWNER, expunge this Covenant from the record title of
PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party
shall be entitled to full reirnbursement of all costs, including reasonable attorneys' fees. from
the other party
OWNER:
Dated 77oi} ~ CZ~
By' ~.:..-
Thaier Gorial
CITY OF POW A Y
Dated: " '1 ' &7{, - D,- By'
pment Services
M:\pJanning\cmr\guest house cov\gorial MORA 0136R Cov.doc
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EXHIBIT A
LEGAL DESCRIPTION
THA T PORTIO~ OF THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER AND
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ALL IN
SECTION 8, 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
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF
, .' .,"
NORTH 89009'39" WEST 525,00 FEET; THENCE PARALLEL WITH THE EASTERLY LINE
OFSAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 02057'46"
WEST 40000 FEET, THENCE PARALLEL WITH THE NORTHERLY LINE SOUTH
89009'39" EAST 175.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A";
THENCE PARALLEL WITH SAID EASTERLY LINE SOUTH 2057'46" WEST 520 40 FEET
TO A LINE WHICH IS PARALLEL TO AND 35000 FEET NORTHERLY OF THE
SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THENORTHEAST QUARTER
BEING THE TRUE POINT OF BEGINNING, THENCE CONTIN'OiNG SOUTH 2057'46" WEST
42047 FEET TO AND ALONG THE BOUNDARIES OF PARCEL MAP 10293 TO A LINE
WHICH IS PARALLEL TO AND 70.00 FEET SOUTHERLY OF SOUTHERLY LINE OF THE
SOUTHWEST QUARTER OF THE:NORTHEAST QUARTER; THENCE ALONG LAST SAID
PARALLEL LINE NORTH 89045'31" WEST 625.49 FEET TO AN ANGLE POINT THEREIN,
AND THENCE NORTH 3024' 44" EAST 42065 FEET TO A POINT ON SAID LINE WHICH
IS PARALLEL TO AND 350 OO.FEET NORTHERLY OF SAIDSOUTHERL Y LINE, THENCE
ALONG SAID PARALLEL LINE SOUTH 89045'31" EAST 622.18 FEET TO THE TRUE
POINT OF BEGINNING
RESERVING THEREFROM AN EASEMENT FOR ROAD AND UTILITY PURPOSE OVER
THE EASTERLY 30 00 FEET THEREOF
- . .
.- .
CALlFO.R~IA ALL.PURPOSE ACKNOWLEDGMENT
State of {!LJ" / rtJbh4
County of ~hn,~o
On ...jiALV 7 2 VO( beforeme,/l;YLL/S (ffi/v,4/ ,v07747(!,Y ;:'u6u c
'" Dule . y N,m'"ed TItI, of 0""" I'.g.. 'J,", 000, N'Ia~ P'bl<')
personally appeared fflA / f--:7<
D./2 IA''-
Name(s) of Signer(s)
o personally known to me - OR -~roved to me on the basis of satisfactory eVidence to be the person~
whose name~ is/~ subscribed to t~e within instrumen
and acknowledged to me that he/~e/t~executed the
- - - - - _ _ _ _ _ _ _ same in his~/t~ authonzed capacity(i ), and that by
I@ -... F "- ';goo'""QQ".' ;,"rum"U", "0"00,
;; , . COmmwlon # 1,450304 : or the entity upon behalf of which the personOQ acted,
. . --- Notary PubHc . CaUtomia f executed the instrument.
j' Son DIego County -
- - - ~:,,:m:.~Nov9,2007f WITNESS my hand and official seal.
---- ~
1..--Y
OPT/ONAL
Though the information below is not required by law, it may prove ~'aluab(e to'p~r5o.ns,relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: LDtlt.:A1AkRE
Document Date: \ {,(LY Number of Pages: 2-
Signer(s) Other Than Named Above: )/;,4U F:e'TZ--
Capacity(ies) Claimed by Signer(s)
Signer's Name: 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 ~ 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' Top 01 thumb here o Other' Top of thumb here
... Signer Is Representing: Signer Is Representing:
01994 National Notary AssocIation. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll.Free 1.800-876-6827