Covenant Regarding Real Property 2008-0347269
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RECORDING REQUEST BY ) JUN 27, 2008 117 PM :
)
CITY OF POWA Y ) OFFICIAL RECORe,S
) '~:C.J~ C.ilEl..1n CClUtH'1 RECDRCIEF:'S OFFICE
bFI~GOFI'1 ,I SMITH COUNT''' RECOR[JEF:
WHEN RECORDED MAIL TO' i~~ FEE o. , 6.00
CITY CLERK PAGES: 3
CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789
POWAY CA 92074-0789 ) \
(This space for Recorder's Use)
APN: 317-241-63
COVENANT REGARDING REAL PROPERTY
Richard Rincon and Rita Rincon ("OWNERS" hereinafter), are the owners of real property
commonly known as 12315 Old Stone Road ("PROPERTY" hereinafter), and more fully described
in Exhibit "A", which is attached hereto and made a part hereof.
In consideration of the approval of a Building Permit to construct a 778-square-foot
attached garage on the referenced property by the City of Poway ("CITY" hereinafter), OWNERS
hereby agree that the garage shall not be converted to living space without first obtaining approval
and applicable permits from the CITY
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 garage at
the request of the OWNERS, 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
C".,",' tho ,ight to .",ot~ thi' C".,"", "k2,OWNERS,
Dated: 6- (1- 0 r ~ ;:t;!.:-
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D"t.' 0 17 of ~ ' ~ ,
ita Rincon, Owner
CITY OF POWA Y
Dated ~ I \ I Of() R~ ~ of ~pment Services
H:\Covenants\Rincon garage.doc
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-:-:-. CALIFORNIA All.PURPOSE ACKNOWLEDGMENT
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State of California }
County of San Diego
On ~AI'.f / 7, Z~(} r
Dale
personally appeared
who proved to me on the basis.of satisfactory evidence to
be the person(s) whose name(s) 'lEi/are subscribed to the
within instrument and aCknowled~ to me that
fG~:j~1 ~/Sj1{e/they executed the same in f)(sJtj /their authorized
capacity(ies), and tharby t)isJ%r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
I Notary PublIC . C.....nlO I which the person(s)a6ted, executed the instrument
J ' : Ban DIego County .
.:.. .~~ I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signature ndOftiC~
Place Nolary Seal Above Sig,1ature ot Nolary Public
OPTIONAL
Though the information below is not required by law, it may prove valLjabfe topersons relying on the document
and could prevent fraudulent.remova/ and reaNachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
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 - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact o Attorney in Fact "
o Trustee Top of thumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~........~~~~~....,.,..~~~~~~~~~
@2007NalionaINotaryAssociationo9350De'SoloAve"POBox 2402 oChalsworlh, CA 9'1313-2402owww,NalionaINolary.org Ilem #5907 Reorder:CaIlTolI.Free1-VOO-876-6827
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EXHIBIT "A"
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PARCEL "A':
PARCEL 2 OF PARCEL MAP NO 3620, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 20, 1975 AS FILE NO 75-063952 OF OFFICIAL RECORDS.
PARCEL'S':
AN EASEMENT FOR INGRESS AND EGRESS 24.00 FEET IN WIDTH OVER THAT PORTION OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTfON 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDlNO MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY
APPROVED AUGUST 29, 1890, THE CENTER LINE OF SAID EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL A HEREINABOVE DESCRIBED; THENCE
NORTH 89' 42' EAST ALONG THE NORTHERLY LINE THEREOF AND ITS EASTERLY PROLONGATION
A DISTANCE 01'442.10 FEET MOREORLESS, TO AN INTERSECTION WITH A LINE THAT IS PARALLEL
WITH AND 30.00 FEET DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF MISSION ROAD AS
SHOWN ON MAP OF MISSION ROAD, l'A, SHEET 13, SAN DIEGO COUNTY HIGHWAY COMMISSION,
RECORDS OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, THE SIDELINE OF S,4JD
EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE LINE PARALLEL
"",'ITII AND ::l.00 rttT DISTANT SOUTHWESTERLY FROM THE C'ENTFR l.TNF OF SAID MISSION ROAD.
EXCEPT THAT PORTION LYING WITHIN SAID PARCEL 'A'.
PARCEL 'C":
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THAT PORTION OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN. ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY,
APPROVED AUGUST 29, 1890, DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHWEST. CORNER OF SAID SECTION 23; THENCE NORTH 89' 42' 00' EAST, I
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49l.97 FEET ALONG THE SOUTHERLY LI",E OF SAID SECTION 23, TO THE SOUTtiWEST CORNER OF !
LAND DESCRIBED IN DI'.EO TOCUS.C. ADAMS AND ROBERTA MAYADAMS, HUSBAND AND WIFE, i
RECORDED FEBRUARY 2, 1960 .AS FILE NO. 21637 OF OFFICIAL RECORDS; THENCE ALONG THE I
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WESTERLY LINE OF SAID LAND AND THE NORTHERLY EXTENSION THEREOP NORTH O' 27' 30' ,
. . WEST 333.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89' 42' 00' EAST 630.11 FEET j
i TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF MISSION ROAD (40.00 PEET WlDn) AS
,
SHOWN ON MAP OF MISSION.ROAD I-A, SHEET 13, SAN DIEGO COUNTY HIGHWAY COMMISSION, !
RECORDS OF THE COUNTY SURVEYOR OF SAID SAN DlBCO COUNTY; THENCE ALONO SAID
SOUTHWESTERLY LINE NORTH 41' 35' 00' WEST 21.2.9 FEET; THENCE SOUTH 89' 42' 00' WEST 616.10 I
FEET; THENCE SOUTH O' 27' 30' EAST 16.00 FEET TO THE TRUE POINT OF BEGlNNINO. I
EXCEPT THA T PORTION LYING WESTERLY OF THE NORTHERLY EXTENSION OF THE WESTERLY
LINE OF PARCEL A HEREINABOVE DESCRIBED. j