Covenant Regarding Real Property 2002-0985572
.. ( ':'''RECQRQING,REQUEST' rOU DOc,e# 2002-09855'72
f<i . CITY 0F P0WAY ~ NOV 05, 2002 10: 35 AM
,.0 vvHE;N RECORDED MAIL TO:) OFFICIAl. RECORDS
];1 r. ) SI1N DIEliO CllINTV RECORDER'S OFFICE
00 CITY CLERK ) GREliOR'I J. :SIIITH, COUNTVRECORDER
I 'CITY OF PpWAY ) .' . FEES: 14.00
P P BOX 789) _
POWAY CA92074-0789 )
)
No Transfer Tax Due )
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COVENANT REGARDING, REAL PROPERTY
Vernon Roether and Jeannette Roether, Husband and Wife as Joint Tenants, PROPERTY
OWNERS ("OWNER" hereinafter) are the owners of real property described in Exhibit A, which is
aitached hereto and IT)ade a part here()fand which is commonly known as Assessor's Parcel Number
275-032-02 ("PROPERTY" hereinafter),
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor
Development Review Application (MDRA) 02-47, a request to construct a 4,724"square-foot, one-
story, singlecfamily residence, .with a' 4, 724-square-foot unfinished basement, an 850csquare-foot
pool/guest house, and detached garag'e'with 1,056 square feet on a11-acre lot located at 16780
Espola Road in Rural Residential C',zone, OWNERS hereby <jgree that, no pqrtion of the pool/guest
hbuse shall ever be rented or,leased as a separate unit and kitchen.facilities shall, never be installed,
No natural gas connection or 220V electricity is permitted in the kitchenette area of the pool/guest
house building.
This Covenant shall run.with the;landand be binding'upon and,.inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representaiives', transferees and assigns of the
respective parties,
In the event that MDRA 02-47 expires or ,is rescindecj by City, Councllat the request of the
OWNER, CITY shall expunge this Covenani (rom the record title ofihe PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of allc6sts, including reasonable .attorneys' fees, from the other party
OWNER:
Dated: 10 2-S- -02-
Dated: jO.J- ~. () 7-
/J' annette Roether, Owner (Notarize)
CFfY OF POWAY
Dated: 10 /n I D :l-- By'
, elopnient Services
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EXHIBIT"A"
LEGAL DESCRIPTION
pARCEL 3 AS SHOWN 0N RECORD OF SURVEY MAP NO 4056, IN THE CITY OF POWAY,
COUt:JTYOF SAN DIEGO, :STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1956, ,SAID PROPERTY BEING A
PORTION OF THE WEST ,HALF-OF SECTION 25 AND A PORTION OF THE NORTHEAST
QUARTER OF THE SOUTHE6SIT" QUARTER OF SECTION 26, ALL IN TOWNSHIP 13 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF
, ~ .
.-, \r~ . 90.
,
CALIFO.IR~IA'ALL.PUIRPOSE ACKNOWLEDGMENT
~'f, - - -$'X'
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State of California } ss 1
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County of San Diego
On 10/25/02 , before me, Frances Tarves
Date . Name and Title of, Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Vernon Roether and Jeannette Roether
Namels) a/Signer(s)
D personally known to me
1 Xi! proved 10 me on the basis of satisfactory
I' evidence
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to be the person(s) whose name(s) i~
subscribed to the within instrument and
1 acknowledged to me that he/she~xeCUled
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the same in his/her~ authorized
J - - - - - ;~c~ ;~- - ~ capacity(ies), and that by his/her/@
1 signature(s) on the instrument the person(s), or
1 _~ Commisslorilll238363 the entity upon behalf of which the person(s)
~" ,.... NotcryPubrlC - CoIn~ f 1
1 j '.. Son Diego ,County f acted, executed the instrument. I
I' 1
_ ~ _ ~~m~~~l~~ WITNESS my hand and official seal.
4-~/~
Place Notary Seal Above Signatureol Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fiaudufent removal and reattachment of this form to another document.
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I' Description of Attached. Document
1 Title or Type of Document: Covenant Regarding Real Property
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I, Document Date: 10/17/02 and 10/25/02 Number of Pages: Two (2)
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Signer(s) Other Than Named-Above: Niall Fritz, City of Powav
1 Capacity(ies) Claimed by Signer
1 Signer's Name: Vernon Roether and Jeannette Roether
U Individual .
Top of thum~J here
o Corporate Officer - Title(s):
o Partner o Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
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1 o Other'
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1 Signer IsRepresenting:
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@1997NalionaINolar(Association 9350 De SotoAve., PO Box 2402 Chalsworth. Cft 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827