Covenant Regarding Real Property 2003-0205808
;
;J "~~CPRbJNG: REQUEtBY: 10454 DOC. 2003-0205808
-
- )
-...... . )
" 'FEB'25. 2003 ,10: 00 A"'~
CITYOFPOWAY ) -
) OIJIDIALRECORDS
WHEN RECORDED MAIL TO: ) " SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. 'SIIITH, COUNTY RECORDER
CITY CLERK ) FEES: 14,00
CITY OF POWAY ) ,. /1/111111111111111111111111111111111111111111111111111111111111111111I
POBOX 789 )
POWAY CA 92074-0789 ) .' . I ,\ ',~~, 2003:.0205808 - .;
) - "_ "n. ... .'_ .~.. ".. ';"".
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REALPROPERTY
E,J Muscat and Michelle Muscat, Trustees of the Edwin and Michelle Muscat Family
Trust, Declaration of Trust dated October 6, 1999, ("OWNER" hereinafter), are the owners of
real property commonly known as Assessor's Parcel Number 278-180-43 ("PROPERTY
- herei6after)~ and more fully described as:
THAT PORTION OF THE SOUTHEAST QUARTE~ OF THE SOUTHWEST QUARTER
AND THE SOUTHVVEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SOUTH 89' 48' 10" WEST,
'- - - - ~".- - - ,
204.65 TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO E.B.
ASLESEN, ET UX, DATED MARCH 17, 1952 AND RECORDED IN BOOK 4405, PAGE 53 OF
OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID ASLESEN'S LAND
AS FOLLOWS.
NORTH 05' 19' 00' EAST, 469.79 FEET, NORTH 07' 39' 10: EAST, 12072 FEET, AND
NORTH 36' 59' 10" EAST, 303,35 FEET TO A POINT IN THE EAST LINE OF SAID
SOUTHEAST QUARTER OF THE:SOUTHWEST QUARTERDISTANT THEREON SOUTH 02'
32' or WEST, 541,31 FEET FROM THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER BEING THE TRUE POINT OF BEGINNING;
tHENCE Noihl;hs'41' 20"EAST,69 60 FEET; THENCE NORTH 25' 38' 00" EAST, 110:20
FEET, THENCE NORTfl50' 35"00" EAST, 138:63 FEET, THENCE NORTH 33' 01' 00" EAST,
224.09 FEET TO A POINT IN THE EAST LINE OF SAID ASLESEN'StAND DISTANT
. _,.. _ ",' . " ._u. -c' ,". " "
THEREON SOUTH 00' 11' 00" EAST, 145,50 FEET FROM THE NORTHEAST CORNER OF
SAID ASLESEN'S LAND; THENCE NORTH 65' 20' 40" WEST, 352,62 FEET TC) THE
." -. .
NORTHEAST CORNER OF St\ID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; JHENCE ALONG THE 'NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWESrOUARTER, NORTH 89' 41' 40" WE,ST, 169;14 FEET, THENCE SOUTH 03' 15'
20"WEST, 531.36 FEET TO A LINE WHICH BEARS NORTH 86' 44' 40" WEST FROM THE
TRUE FOINT OF BEGINNING, THENCE SOUTH 86' 44' 40" EAST, 175,75 FEET TO THE
TRUE POINT OF BEGINNING,
In consideration of the approval of a building permit to construct a 1,032-squarecfoot
storage building on the referenced property by the City of poway ("CITY" hereinafter), OWNER
hereby agrees that the storage building and existing mobile home shall never be rented or
'q)
,
IGct,Hq 03-031
-,
< Covenant. Regarding Reatroperty .
10455
E,J, Muscatand Michelle Muscat
APN: 278-180-43
Page 2
leased as a separate unit, no kitchen facilities shall be installed, and no gas line and/or 220
amperes 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, encumbrance's, successors, heirs, personal representativ~s, transferees and
assigns of the respective parties,
In the event that building permits are never obtained to construct the proposed
guesthouse at the request of the OWNER, the CITY shall expunge this Covenant from the
record title of the PROPERTY
If either party is required to incur costs to enforce the provisions of this Covenant; the
prevailing party shall be entitled to full reimbursement of all costs, including reasomiJ?le
att6rneys'-fees,~from the other party Ttle CITY mayassign- to persons impacted by the
performance of this Covenant the right to enforce this Covenant against the OWNER.
Dated: d- - \3 -o.s ~~~ .
E.J. Mus t, Trustee
Dated: ')-/J-cS /1~IY~
Michelle Muscat, Trustee
Dated: ~./1,o3
Services
M:\PLANNING\RAY\CDVENANTS\COVENANT FOR MUSCAT STORAGE BLDG. DOC
-,
, " CALIFORNIA_AlL~PURP!E ACI<NOWl,E~R~AA . 95'~
State of. ~"-l~
County of ~'-Q V\ \)-<' "jY
ont:'l'kk'"'a f3 ()-tTP3 before me, C:. U ~D I r'7i... c: /LI
Date Name and Title 01 Officer (e.g., "Jane Doe, Notary Pu~lic.)
personally appeared ~D IN IN ~t( ~ ~
:soS[ fH jY7IJSCP" fl'!/Cl-lt;-Ub fYll.J's ('.j;T
Name(s) oISigner(s)
o personally known to me - OR -Dpfovedto me on the basis of. satisfactory 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 ;J.uthorized capacity(ies), and that by
1 -" "'~.:: " ^ '^ ^ "'" ^ ....... - ^ '" ^ ( his/her/their signature(s) on the instrumentthe person(s), \
Q ,"o'~G'" or the entity upon behalf of which the person(s) acted,
~ ' -, " COMM, #1305216 ~ executedth'e instrument.
o I D . NOTARY PUBUC:CAUFOANtA -I ---- - , - -, ---- - - -
- ----....[0, ". '-SAN DIEGOCOUNTY--CJ') - -
) "-' ,",'~..:.~~ ...My~om:n.~Pi:SJ:9~.~5~ ( WITNESS my hand and official seal.
'C--,L .f ~
Signature 01 Notary Public
OPTIONAL
Though the information below is not required,bylaw. it may prove valuable. to persons relying on the document and could prevent
fraudulent remava/and reattachment of this form to Bnothf!rdocument.
Description of Attached Document
Title or Type of Document: ('.ff) nve.,,(r fl-~()Md;1<~ (Lv./. /1vJf~lf:
Document Date: '-II ~ \ 2-tfi> 3 Number of Pages: L
I \
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Titie(s): Title(s):
o Partner - 0 Limited 0 General o Partner-D 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 of thumb here o Other' Top of thumb here
Signer Is Representing: Signer'ls Representing:
~w>?k
c 1m National Notary Association' 8236- Remmel Ave., P.O. Box 7184' canoga Park, CA 91309.7184 Prod. No. 5907 Reon:!er: Calf Toll-Free 1-800-876-6827