Covenant Regarding Real Property 2008-0498028
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RECORDING REQUESTED BY ) SEP 19, 2008 2:12 PM
~% CITY OF POWAY )
I IJFFILI.~L FIECIJRl"',
\0~ WHEN RECORDED MAIL TO' I I ':I,c.:.N [IIECil] r"rlllt'lT'1 RECOR[IEFI"~ OFFICE
I CiRECiDR"1 .1 SMITH CUUNT'I F:EcnR[IER
I FEE', 1'3,00
\j\\ CITY CLERK ) PAGES: 4
CITY OF POWAY ) IIOOOO~OOOOOOOOoooooooooooom~
POBOX 789 ) I
POWAY CA 92074-0789 .>
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(This space for Recorder's Use)
APN: 317-241-68
COVENANT REGARDING REAL PROPERTY
Raymond Reza Siry, a single man ("OWNER" hereinafter), is the owner of real property
commonly known as 12212 Old Stone Road ("PROPERTY" hereinafter), and more fully described
in Exhibit A.
In consideration of the approval of a Building Permit to convert 669-square-feet into
habitable space within an existing detached, 1 ,OOO-squarecfoot structure, on the above-referenced
property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the habitable
space shall never be rented or leased as a separate unit; no complete kitchen facilities shall be
installed; and no gas connection or 220V electricity will 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 for the detached structure 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 per?onslmpacted by the performance of this
Covenant'the righFto'enforce'thisCovenaiit'against=tlie.QWNERS - --. -
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Dated: 04 -05 ~ 0'6
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CITY 0 POWAY
Dated 1p/a[f
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4960
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~Fif>~~~~~~~.r-K'~~F'J)~~~.at""~~
State of California }
County of ~(\ :[)'I{'"':'\ v
On 091'5/'<:)15 before me, "2.1?:J'- y()V~; ,I1(chk<F )}.)j,.(.. .-..,
D81~ Ham "Imert NaITlll and n~ of the 9"icer' v
personally appeared {<<< '6\'Y1""cJ K....'2" N:t!lle'fff;!~-}._...
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who proved to me on the basis of satisfactory evidence to.
be the person(9'l. whose nameOO is/a)9SUbscribed to the
within instrument and acknowledged to me that
he/~executedthe same in his!t\&r/th)!tr authorized
capacity(ie\u., and that by his/11,lliltl))lksignature(~n the
;. "."USW" "! instrument the pe~nQll. or the entity upon behalf of
which theperson( acted, executed the instrument.
';"4 COMM. # 1736190 .
In, NOTARY PUBLIC. CAliFORNIA ~ I certify under PENALTY OF PERJURY under the laws
~ S~NOltGO CO\Il'lTY' ...
~ ._ MY COWl.\. Exl' ",PR."2;2011 i of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han
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P);u~:Nu1.:..ys.:"IAwVl:l Signature
OPTIONAL
Though the information below i6 not required by raw. it may prove valuable 10 pgrsons relying on the document
and CDuld prevent fraudulent removal and r~ttacl:ml1nt of this form fa anolnor doclJmlJnt.
Description of AUachedDocumant R-E'o\\ 1" rc> p <'r-+'1
Titie or Type of Document, Cllven'-lV1+- 12. e ')" ,- Cl "'~
Document Date: oC{ / "<;;' / ()'g Number of Pages: LI
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Signer(s) Other Than Named Above: ..
Capacity(ies) Claimed by Signer(s)
~ner's Name; Signer's Name: .-
. Individual o Individual
::J Corporate Officar - Tille(s): ~ Corporate Officer - Tllle(s): ____. ._
o Partner - Q Limited Ii General L f-'artner - n Limited r General
n Attorney in Fact C Attorney in Fact
1"1 Trustee " Trustee T(.']Ju[ lhl'l1l111~11"l
I t Guardian or Con.!->Flrvator I Guardian or Conservator
n Othec'_. LOthar: ._.~-
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Signer Is Representing: ____.... Siyner Is Representing:
......."....+........_._. H.. ... .~. -.-
~/~ aBed '~'10~ 6 80-das-s ~ '~~~~aggaSa 'S3JI^83S lN3~d013^3a A8 .uas
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4961
LEGAL DESCRIPTION EXHIBIT A
PARCEL A
PARCEL 3 OF PARCEL MAP NO 9035, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIPORNIA, FILED IN THE OFPICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9,
1979
PARCEL Bo
.AN EASEMENT AND RIGHT OP WAY FOR ROAD, SEWER, WATER, GAS, POWER. AND TE~E~~ONE LINES
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHEAST
QUARTER OP SECTION 22, TOWNSHIP 1~. SOUTH, RANGE 2 WE~T, SAN BERNARDINO ~ERIDIAN, IN
THB COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFPICIAL PLAT THEREOP,
DESCRIBBD AS FOLLOWS,
BBGINNING AT A POINT IN THE SOUTHERLY LINE OP SAID SBCTION 22, DISTANT THEREON SOUTH
890 35' WEST, 156 04 FEET FROM THB SOUTHEASTERLY CORNER OP SAID SECTION; THBNCB NORTH
90 35' BAST, 220 39 FBET; THENCE NORTH 190 59' 06" EAST, 149 48 FBBT; THENCB NORTH 320
24' 32lf EAST'I 120 51 PEBT .TO THE EASTERLY LINE OF SAID SECTION; THENCE ALONG SAID
EASTERLY LINE NORTH 00 27' 30" WEST, 204 50 FEET; THENCE SOUTH 400 02' 26" WEST,
202,06 FBET; THENCE SOUTH 250 II' 56" WEST, 227 27 FEET; THENCE SOUTH 70 01' 49" EAST
306 27 FBET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION, DISTANT THEREON SOUTH
890 35' WEST, 38 59 PEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY
LINE NORTH 890 35' EAST, 38 59 PEET TO THB POINT OP BEGlh~ING
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PARCEL C:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A
STRIP OF LAND 60 00 PEET WIDE, LYING WITHIN THB WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OP SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER
LINE OF SAID 60 00 POOT STRIP BEING DESCRIBED AS FOLLOWS
COMMENCING AT A POINT ON THE WllSTERLY LINE OF SAID SECTION 23, DISTANT THEREON NORTH
00 27' 30" WEST 321 22 FEET PROM THE SOUTHWEST CORNllR THEREOP, SAID POINT BEING THE
. . . . .
.' SOUTHW.I.!.ST'CORNER OF LAND 'DESCRIBED IN DEED TO E.D, NORTHRUP, BT UX, RECORDED JUNE 25,
1926 IN BOOK 1173, PAGE 414 OF DEEDS; THENCE ALONG THE SOUTHERLY LINE OP SAID LAND,
NORTH 890 42' 00" EAST 835 97 FEET; THENCE NORTH 390 12' 24" WEST 23 13 FEET TO~A _. - -- -
POINT HEREINAFTER REPERRED TO AS POINT "A"; THENCE NORTH 89. 42' 00" EAST, 273,73
FEET, MORE OR LESS, TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF MISSION ROAD
-40,00 FEET WIDE- AS SHOWN ON THE MAP OP MISSION ROAD, lA, SHEET 13, SAN DIEGO COUNTY
HIGHWAY COMMISSION, RECORDS OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID
POINT BEING THETRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 890 42' 00" WEST,
273 73 FEET TO SAID POINT "A"; THENCE SOUTH 890 42' 00" WEST, 123 56 FEET TO THE
BEGINNING OP A TANGENT 200 00 FOOT RADIUS CURVE, CONCAVE NORTHEASTllRLY; THENCE
WESTERLY AND NORTHWESTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 51.
00' 00" A DISTANCE OF 178 02 FEET; THENCE NORTH 39. 18' 00" WEST, 14 71 FEIlT TO THE
BEGINNING OP A TANGENT 200 00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTIlRLY; THENCE
NORTHWESTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OP 46. 00' 00" A
DISTANCE OP 160 57 FIlIlT; THENCE NORTH 85. 18' 00" WEST, 330.00 FEET TO THIl BEGINNING
OP A TANGENT 200 00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19. 21' 05" A DISTANCE OP 67 55 FEET TO
AN INTERSECTION NITH THE WESTERLY LINE OP SAID SECTION 23, THE SIDELINES OF SAID
E?EE~Gl.-Oa/09194bk
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4\962
LEGAL DESCRIPTION EXHIBIT
60 00 FOOT STRIP ARE TO BE PROLONGED OR SHORTENED SO AS TO BEGIN IN THE SOUTHWESTERLY
LINE OF SAID MISSION ROAD AND TERMINATE ON THE WESTERLY LINE OF SAID SECTION 23
PARCEL D
AN EASEMENT AND RIGHT OF '~AY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES
AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION SHOWN AS
PROPOSED ROAD EASEMENT ON SAID PARCEL MAP SAID EASEMENT IS HEREBY DeCLARED TO BE
APPURTENANT TO ALL OR ANY PORTION OF PARCEL A ABOVE
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OEEDLEGL-08J09/904bk
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