Covenant Regarding Real Property 2008-0470431
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:- ....., . DOttJt 2008-0470431
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-- ) I
; RECORDING REQUEST BY )
) SEP 03, 2008 1'02 PM I
CITY OFPOWAY ) ,
) UFFICIi'.L RECORE", I
F6 WHEN RECORDED.MAIL TO: ) C,.Ll.t',~ [IIECiO -CDUNT', F:ECOF:[IER":o OFFICE
) '"RECiOF:\1 SMITH COUI.IT', RECORE'ER
3? FEE, 15.00
CITY CLERK ) PAGES: 3
CITY.OF POWAY )
leoYl POBOX 789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789 )
)
{This space for Recorder's Use}
APN: 314-192-69
COVENANT REGARDING REAL PROPERTY
Brad K. Pitzer and Laksanavadee J. Pitzer, Husband and Wife as Joint Tenants
("OWNER" hereinafter), are the owners of real property described in Exhibit,A, which is attached
hereto and made a part hereof, and commonly known as 14521 Midland Road ("PROPERTY"
hereinafter).
In consideration of the approval of a Building Permit to construct a 738-square-foot,
detached guest house on the referenced property by the City of poway ("CITY" hereinafter),
OWNER hereby agrees that the detached guest house shall never 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 in the kitchen area.
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that a Building Permit is never obtained to construct the proposed guest
house 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 reasonable
attorneys' fees, from the other party The CITY may assign to persons impacted by the
performance of this Covenant the right to enforce this Covenant against the OWNERS
OW~ ~ /~
Dated j(27/.2exJ% ~~ //~
By'
Laksanavadee J. Pitzer
Dated: ~ :;NER:i~ /4. :-
6<<d K. Pitzer -
Dated: !Iu~/b ~ By'
evelopment Services
M:\planning\Lisa\Projects\pitzer guest house covenant.docx
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CALlFORNIA,ALL-PURPOSE ACKNOWLEDGMENT
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Slale of California }
County of San Diego
On I!UtitlSrZ7, ZOtl! before me, Phyllis Shinn, Notary Public
. Date Here Insert Name and Title 01 the Oliicer
personally appeared 3Mb ;( II Tze-r< /J/V0 LIfKS/I/l//lVtJ,'brr J. 11/;;u:::"7"C
Name(s) oi Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) I&are subscribed to the
within instrument and acknowledged to me that
14/Sp(elthey executed the same in l)\s/Mr/their authorized
1&: - ,-- - - - -I capacity(ies), and that by ilIs/Mr/their signature(s) on the
. . PMYl.. L188H.INN instrument the person(s), or the entity upon behalf of
CommllllOn# 'nee91 ' ., ,
i Notary Public . CatllOiilla I which the person(s) acted, executed the Instrument.
'San, DIogo County .
J *__..... I certify under PENALTY OF PERJURY under the laws
- - - - - . of the State of California that the foregoing paragraph is
true and correct.
Signature
Place Nolary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could preventfraudulenl removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document tOt/&'/1/!'l/I/T Re~#~/;{/~ /!Dr1- t4DfJDe-ry
Document Date: It u G tfS-r ;Z(p 20'0 f Number ol.Pages: 2-
Signer(s) Other Than Named Above: kDI3~ J. /fIq/l//S
Capacily(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Tille(s): 0 Corporate Officer - Tltle(s):
o Partner - 0 limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact . 0 Attorney in Fact .
o Trustee Top oj thumb here 0 Trustee Top of thumb here
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is Representing: Signer Is Representing:
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@2007National Notary Association. 9350 De Solo Ave,. P.Q, Bo~ 2402. Chatsworll'1, CA 9'1313"2402. www.NallonaINotary,org Ilem #5907 Reorder: Call Toll-Free '-DOO-876-6827
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EXHIBIT 'A'
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER
DISTANT THEREON SOUTH 89"19'50" EAST, 33000 FEET FROM THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00"26'00" EAST,
PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 647,27 FEET,
THENCE SOUTH 89"32'30" EAST, 900 00 FEET TO A POINT IN THE CENTER LINE
OF THE COUNTY ROAD DESCRIBED IN DEED TO COUNTY OF SAN DIEGO,
RECORDED SEPTEMBER 30, 1936 IN BOOK 569, PAGE 296 OF OFFICIAL RECORDS
AND KNOWN AS ROAD SURVEY NO 335, THENCE NORTH 00"12'30" WEST
(RECORD NORTH 00"12'00" EAST) ALONG SAID CENTER LINE, 15459 FEET TO
THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 00"12'30" WEST
ALONG SAID CENTER LINE, 15000 FEET, THENCE NORTH 89"47'10" EAST,
44038 FEET TO THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND
CONVEYED TO CHARLES W VASEY, ET UX, BY DEED RECORDED MARCH 27,1953
IN BOOK 4799, PAGE 345 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY,
,THENCE SOUTH 00"16'30" EAST (RECORD SOUTH 07"17'43" EAST) ALONG THE
EASTERLY LINE OF SAID VASEY LAND, 15000 FEET TO A LINE WHICH BEARS
NORTH 89"47'10" EAST .FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH
89"47'10" WEST, 440,54 FEET TO THE TRUE POINT OF BEGINNING
EXCEPTING THEREFROM THE EASTERLY 241 00 FEET THEREOF