Covenant Regarding Real Property 2003-1037024
, . DOG. 2003-1037024
..
RECORDING REQUEST BY: ) AUG 26. 2003 8:33
) At'l
CITY OF POWAY ) OFFICIAL RECORDS
~ ) SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY J. SMITH, COUNTY RECORDER
0-C ) FEES: 14.00
l~ CITII' CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Trah~fer Tax Due ) (This space for Recorder's Use)
APN. 278-300-60
COVENANT REGARDING REAL PROPERTY
Eric M! Bodiker and Terri R. Bodiker, Husband and Wife as Joint Tenants,
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PROPERTY OWNERS ("OWNERS" hereinafter), are the owners of real property
commonly known as Assessor's Parcel Number278~300~60 arid more fully described in
Exhibit A which is attached 'hereto and made a part hereof ("PROPERTY hereinafter).
In consideration of the CiPproval of MDRA 01-93~ a request to consIruc.;t a 3,520-
square-fool residence and, an 896-square-foot detached guesI house iocated al.15210
Oak Canyon Road, by the City of Po way ("CITY" hereinafter), OWNERS hereby agree
that the guest house shall never be rented or leased as a separate unit, no kitchen
facilities shall be installed.
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrance:s, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that building permits are never obtained to construct the proposed
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guest house at:the request of the,'o)/\/NERS, the CITY shall expunge this Covenant .from
the record title of ttie PROPERTY' . -
If either party is required to incur costs to enforce the provisions of this Covenant;
the prevailing party shall bj3 entitled to full reimbursement of all costs, including
reasonable attorneys' fees, from the other party The .CITY may assign to persons
- impacted by the performance ofthis Covenant the right to enforce this Covenant against
OWNERS. ft~
Dated: 06) ?)//3
EricMc B~ -
I/h /p3
Dated: ~, 1
Terri R. Bodiker, Owner
9/;!o 1> CITY OF POWAY
Dated: By'
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ORDER NO 40100895-41 ,.
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,I EXHIBIT "A"
PARCEL 1:'
TlfAT 'PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
tHE; SOUTHEAST QUA1,'.TER OF SECTION 32, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE' AND MERIDIAN, IN THE
COUNTY OF SAN Dl'EGO, STATE OF :cAt IroRN lA, ACCORDING TO
UN~TED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:'
COMMENCING AT T~E NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTI0N 32; THENCE ALONG
THE: WESTERLY "LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAsT
QUARTER, $OUTH 02005' 01" WEsr,.649. 75 FEET TO 'THE
SOUTHEAsTERLY CORNER OF THA':fPORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER or SAl'D SEGT>ION 32 AS
DESCRIBED IN'PARCEJ.3-'lN DEED TO 'ROBERT J~,SMdN1\tjL,. ET UX,
RECORDED DECEMBER 16, 1959 IN BOOK 8049, PAGE 76 OEOFFICIAL
RECORDS, ANi:J. BEING.AP.OINT HEREl'N DESIGNATED AS POINT 'Z";
THENCE RETRACING Ai.ONGSAIDWESTERLY LINE NORTH 02005' 01"
EAST, 15.41 !"EfT ''1'0 AN INTERSECTION, WITH A LINE WHICH IS
PARALLEL 'WITH '~ 15.00 FEEr NORrHERLY OF AND MEASURED AT
RIGH:r ANGLES TO A Ll'NEWHICH BEARS :SOUTH 74035' 50" E]\,ST FROM
SAUiPOINT 'Z"THENCE ALONG SAID PARALLEL LINE SOUTH
74035'50" EAST, 50.54 FEET; THENCE NORTf! 38017'28" EAST,
157.93 FEET; THEl-l'CE NORTH 70025'21"cEASTr 44.80 FEET.; THENCE
NORTH 88030'21" EAST, 1.26 FEET TO THE TRUE 'pOINT OF
BEGINNING; THEl-l'CE NORTH 88030' 21~ El'iST, 156. 26 FEET;; THENGE
SOUTH 68~50' 09" EAST. 101.12 FEET,; THENCE NORTH 35053"08"
. - ~. . .... _.. ._ I. _, . ~ '.. , . _
.~ , ;EAST;. 8L66. FEETi.'THENCE SOUTH 6602,1"'07"' EAST, 110.22 FEET;
"";.. THENCE NORTH' 1502,t' 2:3" EAST, 165 ~85 FEET; "THENCE NORTH
76019' 53" EAST, 11;~. 58 FEET; THENCEN,ORTH 341'30' 37" WEST,
21. 40 FEET;THE,NCE 'NORTH 45037' 22" WEST 14~ .40 FEET; THENCE
NORTH 1903'6' 52" WEST, 132.49 FEET; THENCE NORTH 41032'53"
EAST., Eri.;i8FEET :TO THE NORTHERLY LlNEOETHE SOUTHEAST
QUA1J.TE,R OF SAID SECTION 32; THENCE ALONG SAID NORTHERLY LINE
NORTH 890.12' 57" WEST, 669.89 FEET ,TO THE NORTHWEST CORNER OF
THE'NORTHEAsr QUARTER OF THE . SOUTHEAsT QUARTER OF SAID
SECTION 32 ; THENCE ALONG T~;' WEST LINE OF SAID NORTHEAST
QUARTER OF THE SOUTH~T QU'ARTE!'SOUTH 02005'01" WEST 259.23
FE,E'l'; THENCE SOUTH 1602.9' 00" EAST 74.23 FEETi THENCE SOUTH
7803'1"'45''. EAST 41.~4 FEETiTHENCE SOUTH 49027'30" EAST 91.43
FEET.THENCESOU'TH 05034' 00" EAST 129.98 FEET TO THE TRUE
POINT OF BEGUmING,
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~A.l,IFORNIA ALL-PUR.E ACKNOWLEDGNiENT .
State of ~~<:flf{,,\-;'C\.
County of Se." 'U"l <e.?) 0
.w-. 'CJ
On ~~~ 'IS , OLoo.:; before me, ~e.E::.~0l..... C ~ c.o..:);;e>,.
Date Name and nlle of OHicer (e,g "Jane Doe, NotarY Public")
personally appeared E::12::LC '/"h. iB()n't.~t='-e ANI) -n:.l2.lZ'J.. Q... e,o'j):1\CEf2.,
Name(s) of Signei(s)
o p",~sF1all~' kng",'R te me - OR - C'\.tr'oved to me on the basis of satisfactory evidence to be theperson(s)
whose name(si is'Iaresubscribed to the within instrument
and acknowledged to me that lil1'l7~/they executed the
same in ~heT/their authorized capacity(ies), and that.by
~/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
lfj ME,ENA C .'PAIEL ~ WITNESS my hand and official seal.
-, Comm. #1426824 If)
U} NO'A~V PUBliC. CALIfORNIA
, San Diego County. " - ~
MyComm.hpirerJune26.2001'''' ~ 0 ~~. ~~ 2.
Slgnalureof Notary Public
OPTIONAL
Though the information below is not required, by law. it may prove valuable to p~rsons relying onthedocume
traudulent'removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date' Number of Pages:
Signer(s) Other Than Namecj Above:
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Capacity(ies) Claimedby'Signer(s) -- --
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate'Officer
Title(s) Title(s):
o Partner - 0 Limited 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Aiigrney,in-Fact
o Trustee 0 Trustee
o Guardian or Conserv 0 Guardian or Conservator
D Other. Top of thumb tler8 D Other. Top althumb here
Signer Is Representing:
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:0 1994 N1tional NOI~ry 'Associaiion . 8ibe R~mmet Ave P.O. &ox 71 B4 Canoga Park, CA 91309 7164 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876 6827