Covenant Regarding Real Property 2008-0470430
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, ,.' DI# 2008-0470430
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) SEP 03, 2008 1'02 PM
RECORDING REQUEST BY )
fO ) OFFICI"1 RECUF,[I'~,
CITY OF POWAY ) ';,",11 ['IEGD mUllI', RECIJF,['ER"; DFIILE
) GF:EI~IJF:', .1 ','I,IITH CDum', RECDR['ER
5P WHEN RECORDED MAIL TO: ) FEE', .2200
) PAGES: 5
leoYl CITY CLERK )
CITY OF POWAY ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789 )
POWAY CA 92074-0789 )
)
) (Thislspace for Recorder's Use)
APN 278-290-11
COVENANT REGARDING REAL PROPERTY
Mark Johnson and Jana M Hoffman, Husband and Wife as Joint Tenants, PROPERTY
OWNERS ("OWNER" hereinafter), are the owners of real property commonly known as 15114 Oak
Canyon Road ("PROPERTY" hereinafter), and more fully described in Exhibit A.
In consideration of the approval by the City of Poway ("CITY" hereinafter) of a Building
Permit for the construction ofan:approximate 1 ,264-square-foot, two-story, detached guest house
and workshop building, OWNER hereby agrees that no portion of the guest house/workshop
building shall ever be rented or leased as a separate unit and that no complete 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, encumbrancers; successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event of litigation 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
OWNERS'
Dated: g-!7- 7/0';3 By ~~
,
- Mark Johhson (No arize)
Dated: g- b 7 /O? By' O~?!l ~
/ I
~a M. Hoffman (Not e)
CITY OF PO AY
Dated: olv IDS
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M:\planning\cmr\guest house cov\johnson Cov.doc
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CALIFORNIA ALL.PURP,OSE ACKNOWLEDGMENT
~~ =r--. ~~~a;;;.;::i;i,.~~~~G'C~~k-~~~~
State of California }
County of San Diego
OntJg~tf:5127. Z&tJ! before me, Phyllis Shinn, Notary Public
0"," ' / H'" '",''' N'h. ,,,dT'"eo' ,ho Off'''fh.
personally appeared /J1,q-a K -J 0 fI /tI,<; 0 A/ /fJVD" '/VA tf1, 0 F;= twlA/
Name(s) oiSigner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whosename(s) ~are subscribed to the
within instrument and acknowledged to me that
I&,' , "" - - - 'I l;I'e/sl'le/lhey executed the same in ~/~/thelr authorized
'i C ,,:L,IS, ::r;~.., " · capacity(ies), and that by IY:;Wtheir signature(s) on the
i NO':;' ~ . CCIfllOrnIGl instrument the person(s), or the entity upon behalf of
J 'Soil DIegoCounly - which the person(s) acted,executed the Instrument.
-__..)t~~~~~
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signature
P)",ce NOlarySeal Above
OPTIONAL
Though the informijJtion below is not,required'by law, it may prove valuable fa persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~
Tille or Type at Document CWE7i19~l:!a/f;eIJ/4 REYlZ-~~
Document Date: -U k' ST 27, 2 [) t) ? Number at Pages:
Signer(s) Other Than Named Above: (),s ~ W If
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Ollicer - Tille(s): D Corporate Ollieer - Tille(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney in Fact D Attorney in Faet
o Trustee Top 01 thumb here 0 Trustee Top of thumb here
o Guardian or Conservator 0 Guardian or Conservator
D Other' D Other'
Signer Is Representing: Signer Is Representing:
~~~~~-",=.....~~~~~~~~"g,.~~~~~~~~
@2007NationaINotaryAssoclatlOn.9350DeSoloAve:, P:G.BoX'2402 .Chatsworlh, CA 9"1313-2402.www,f\lationaINotaryorg !:em #5907 Reord€r:CaIITolI-Free 1-800-876-6827
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Exhibit A
parcel 'I
The Southwest Quarter of the Northeast Quarter of Section 32, Township 13 South, Range
1 West, San Bernardino Meridian, in the County of San Diego, State of California,
according to the Official Plat thereof
Excepting therefrom that portiofllying Westerly of a line described as follows,
Commencing at the Northwest corner of said Section 32, thence North 84010'51" East,
3412 59 feet to an angle point in the Easterly boundary of the land described in Deed to
the Poway Municipal Water District, recorded November 6, 1970 as File No 203037 of
Official Records, and being the True Point of Beginning:'of said line; thence along said
boundary as follows.
South 36023'48" East, 19381 feet; South 76013'06"East, 491 14feet; South
07005' 24" East, 607 65 feet South 17042'49" West, 494.10 feet; and South 47002' 31 "
West, 225 00 feet to an angle point therein, thence along the Easterly line of said land the
Southerly prolongation thereof, South 08019'20" West, 421 44 feet; thence South
26000' 1 2" West, 410 56 feet; thence South 50009' 26" West, 3 7 7 71 feet; thence South
72006'08" West 60 00 feet, more or less, to the Westerly iine of said Northeast Quarter
of Section 32.
Also excepting therefrom that portion described as follows:
Commencing at the Northwest corner of said Section 32, thence North 84010'51" East,
3412 59feetto an angle point in the Easterly boundary of the land described in Deed to
the Poway Municipal Water District, recorded November 6, 1970 as File No. 203037 of
Official Records, and being the True Point of Beginning of said line, thence along said
boundary as follows
South 36023'48" East, 19381 feet; South 76013'06" East, 491 14 feet; South
07005'24" East, 60765 feet; South 17042'49" West, 494 10feet; and South 47002'31"
West, 225 00 feet to an angie point therein, thence along the Easterly iine of said land the
Soutllerly prolongation thereof, South 08019' 20" West, 421 44 feet; thence South
26000' 1 2" West, 410 56 feet to the Southwesterly terminus of that course delineated as
South 26000'12" West as described in Parcel 1 of Exhibit "A" in that certain Lis Pendens
under Superior Course Case No 315365 recorded November 28, 1969 as File No. 217874
of Official Records, thence retracil;ig North 26000'12" East, 12500 feet to the True Point
of Beginning, thence retracing and' continuing along said boundary so described in said Lis
Pendens as follows.
South 26000'12" West, 12500 feet, South 50009'20" West, 37771 feet: and South
72006'08" West, 6000 feet, more or less, to the Westerly line of said Northeast Quarter
of Section 32, thence Southerly along said Westerly line 350,00 feet, more or less to the
Southwest corner of said Northeast Quarter: thence along the Southerly line of said
Northeast Quarter, South 89012'57" East, 753 40 feeno the Southwesterly corner of the
land described in Deed to Pearle Thompson, recorded November 14, 1961 as File No.
157387 of Official Records, thence along the Westerly line of said land as follows:
North 00015'33"East, 104 50 feet; and North 14032'12" West, 157 62 feet to the
Southwesterly corner of the land described in Deed to Louis H Forcier, et ux, recorded
March 24, 1960 as File No 50332 of Official Records, thence along the Southwesterly line
of said Forcier's land, North 29019'57" West, 60 37 feet; thence Northwesterly along a
direct line to the True Point of Beginning
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And also excepting therefrom that portion described as follows:
Beginning at a point in the South line of said Northeast Quarter, distant thereon South
89012'57" East, 75340 feet from the Southwest corner of said Northeast Quarter, said
point being the Southwesterly corner of said Northeast Quarter, said point being the
Southwesterly corner of land described in Deed to Pearl Thompson, recorded November
14,1961 as File No 157387 of Official Records, thence along the boundary of said land
as follows.
North 00015'33"East 104,50 feet: and North 14032'12"West, 157 62 feet to the
Southwesterly Corner of land described in Deed to Louis H Forcier, et ux, recorded March
24, 1969 as File No 50532 of Official Records; thence along the boundary of said
Forcier's land as follows,
North 29019' 5 7" West, 60 37 feet, North 13010'03" East, 112,52 feet; and
Northeasterly along a straight iine to the most Northerly, Northwesterly corner of the land
described in said Deed to Thompson, thence along the Northerly line of said Thompson
land and the Easterly prolongation thereof, South 89012' 5 7" East, 416 49 feet, more or
less to the Easterly line of said Southwest Quarter of the Northeast Quarter of said Section
32, thence Southerly along said Easterly line to the Southeast corner of said Southwest
Quarter; thence along the Southerly line of said Southwest Quarter, North 89012'57"
West, 599 35 feet to the Point of Beginning
Parcel 2.
An easement and right of way for road purposes over, along and across a strip of land
40 00 feet in width, lying within the Southwest Quarter of the Northeast Quarter of
Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey, the center
line of said 40 00 foot strip being described as follows.
Beginning at a point on the Southerly line of said Northeast Quarter, distant thereon South
89012'57" East, 753 40 feet from the Southwest corner of said Northeast Quarter; thence
North 00015'33"East, 104 50 feet, thence North 14032'12"West, 157 62feet; thence
North 29019'57"West 60 37 feet; thellce North 13010'03"East, 112.52feet.
Said easement to terminate Southerly in the Southerly line of said Northeast Quarter
Parcel 3
An easement for road and pubiic uti'lity purposes over, under, along and across a strip of
land 30 00 feet in width lying within the Northwest Quarter of the Southeast Quarter of
Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey, the
Westerly line of said strip being described as follows.
Beginning at a point on the Westerly line of said Northwest Quarter of the Southeast
Quarter of Section 32, distant thereon North 02032'07" East, 391 22 feet from the
Southwest corner of said Northwest Quarter of the Southeast Quarter, thence along said
Westerly line North 02032'07" East 466 81 feet,
Parcel 4
An easement for road and public utility purposes over, under, along and across a strip of
land 30 00 feet in width lying within the Northwest Quarter of the Southeast Quarter, and
the Northeast Quarter of the Southwest Quarter of Section 32, Township 13 South, Range
1 West San Bernardino Meridian, in the County of San Diego, State of California,
according to United States Government Survey, the center line of said strip being described
as follows,
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Beginning at a point in the Westerly line of said Northwest Quarter of the Southeast
Quarter, distant thereon North 02032'07" East, 858 03 feet from the Southwest corner of
said Northwest Quarter of the Southeast Quarter; thence North 02032'07" East, 493 19
feet to the Northwest corner of said Northwest Quarter of the Southeast Quarter.
Parcel 5
An easement and right of way for road and utility purposes over and across the
Southeasterly and Southerly 30 00 feet of Parcell in the County of San Diego, State of
California, as shown at Page 4783 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, June 4, 1976
Parcel 6
An easement and right of way, for-'road purposes over, along and across the Southerly and
Southeasterly 30 00 feet of Parcel 3, in the County of San Diego, State of California, as
shown at Page 1001 of Parcel Maps, filed in the Office of the County Recorder of San
Diego County, September 21, 1972,
Parcel 7
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An easement and right of way for road purposes over, along and across a strip of land
20 00 feet in width lying within the Southeast Quarter of Section 32, Township 13 South,
Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California,
according to Official Plat thereof, the center line of said strip being described as follows
Commencing at the Southeasterly corner of Parcel 3 as shown at Page 1001 of Parcel
Maps, filed in the Office of the County Recorder of San Diego County, September 21,
1972; thence North 25002'20" West, 1500 feet to the True Point of Beginning, thence
North 32038'00" East, 80 00 feet to the beginning of a tangent 40 00 foot radius curve,
concave Southwesterly; thence counter clockwise along the arc of said curve, through a
central angle of 165050'00" a distance of 115 77 feet to the end of said curve, thence
leaving said curve South 56048'00" West, 55 98 feet; thence North 49044'00" West,
B2.17 feet to a line which bears South 16042'00" West, from the Southwesterly corner of
Parcell of Deed to James R. Buss, recorded September 10, 1976 as File No, 76-294997
of Official Records, thence North 16042'00" East, 18320 feet to the Southwesterly
corner of Parcel 1 of said Deed
Said easement to terminate Southwesterly in the Easterly line of said Parcel 3 as shown at
Page 1001 of Parcel Maps, and to terminate Northerly in the Northerly line of the
Southeast Quarter of said Section 32.
Assessor's Parcel No 278,290-11