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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, I ,-' "''''.,- - '" ~ . ,- . 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 - . -~~,. . '..~- . ... "..,..- .",. '. - '. 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' - -' ent Services -- - - - M:lplanninglpeggyl1ndra200ilmdiaOi .093Imdra01-93cov,doc O?y/S2 /. ' ~Mor<.{.\ 1,?'2.IO CU~ Ca,Vl0p1eJ) ~ 1111!lj>Zo3-JDCJI-'l~ :', .re 6612 . t'" I . ORDER NO 40100895-41 ,. , ,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, -- - ~ -4- ~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: - ~ ---~- - - ---- - -- -- 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: - " "~- - - ... _.. -.. :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