Covenant Regarding Real Property 2002-0562408
(
; ".. h . DOC .2002....0562408
,i; ~EGORpiN~ REQ~EST BY: ~O480~ 0"" 2002 9: 09' AM
. UL ..J.
" ) :
f c1TY'oF': P0WAY OFFICIAL RECORDS
, )
SAN',DIEGO'COllIHY RECORDER,'SOFFICE
) GREGORY J. SMITH,COUNTV RECORDER
WHEN:RECbRDEDMAIL TO: ) FEES: 13.00
) ~ II III II III III II II 111111 11-
CITYCLER,K ) I
CITYOFPOWAY ) I
P 0 BOX 789 ) 2002,0562408
~p POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's; Use)
~ COVENANT REGARDING REAl. PROPERTY
, '~ctvllb<lj~_~:.~,.,.wr LLC. .
, 'f/\MeTE:,I".vst",,,,,[ r.~''''J.'dl~l,..ftIi:., PROPERTY OWNER ("OWNER" hereinafter) is
the ownerofrealproperty"described in Exhibit A which is attached hereto and made a
part hereof and which is common]yknown as Assessor's Parcel Number 314-033-04
("PROPERTY" i;Jereinafter) and 'more fully described as Exhibit A.
In consideration of the. approval by the City of Poway, ("CITY" hereinafter). of
Minor Development Review02!20 .(MDRA 02-20), involving a 380~square-foot detached
guesthouse, OWNER hereby agrees 'that no portion ofthe guesthouse shall ever be
rented or leased as a s,eparate tJnit, and that no kitchen,facilities shall ever be installed,
This Covenant shall run wjththe land an,d 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In the event that 'Minor Development Review Q2-2.0 expires or is rescinded by
City Council, and buil.gi09 pefjnjts are never obtatMd to construct the proposed
. . . ..-. ~
guesthduse, CITY shall expLinge:this Covenant from'the record.title of the PROPERTY
In the,event of litigation to enforce.the:provisions of this Covenant, the prevailing
party,shall be:entitled to full reimb.ursement of all costs, including reasonable attorneys'
fees, from the other,party'
6.;20 'oL OWNER. ~
Dated: By' .'.W!
/ ,... Brett Ames
(Notanze) McCullough-Ames Development
.
Dated: By'
(Notarize)
~/~~ CITY OF POW~Y ~ .
Dated: By.td(~ ~
/ Nia Fritz, Director of Deve pment Services
I ~! i
I~l\-\q
: D;l"O~O
,.
, ,- . . 004803 .
<..
" EXHIBIT A
.
PARCEL,A.
LOT 4 OF CITY OF POWAY TRACT NO 97-04, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 138?1, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. OCTOBER
29, 1999
RESERVING THEREFROM AN EASEMENT FOR ROAD AND PUBLIC
UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT
PORTION OF SAID LAND SHOWN ON SAID MAP AS "44 FOOT
PRIVATE ROAD AND UTILITY EASEMENT"
PARCEL B'
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER,
UNDER, ALONG AND ACROSS THOSE PORTIONS OF SAID CITY OF
PGWAY TRACT NQ97~04, ACCORDING TO MAP THEREOF NO
13871, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
. ,,-., -,
DIEGO COUNTY, OCTOBER 29, 1999, SHOWN ON SAID MAP AS "44
FOOT PRIVATE ROAD AND UTILITY EASEMENT" EXCEPTING
THERE FROM THOSE PORTIONS LYING WITHIN PARCEL A.
,
'1 004.4
~A.LIFORN.IA ~L,L.J:lU,l:tpO ,A9K:.r:olOWLEDGME~T
.' State'or ~~M,r#
Courityof ~ 2> /'C"y
On r; -,;?/.O~before
Date Jane Doe, Notary Public")
personally appeared
Name(~) of Signer(s)
o personally known to me - OR- 0 pfovedto me on the basis of,ijatisfactory evidence to be the person(s)
whose name(s) is/are sUbscribed .to the within instrume'nt
and acknowledged to me that. he/she/they executed the
J ~ ~~ A .~~;, ,A ~ A ;'~~MY ~~ ~1~O~ . A . E same in his/he'1their authorized capacity(ies), and that by
nis/her/theirsigr:lature(s) on the instrumeni the person(s),
. a coo.. .m". m or the entity upon behalf of which the person(s) acted,
iii ,,~..:.'Not.ryPublic.california CJ) executed the instrumerit.
w .,'>; ~ "I' 'SAN DIEGO COUNTY .~
J ~MycommcEXP:~arch'~:2005 E I.
w _0'" . . . . . " . . . . T. ToW. . T
OPTIONAL
Though the information below is,not.required by law,)tmay prove valuable ,to persons: relying on the document and could prevent
fraudu/~ntlremavaland reattachment, of this form,la'another document.
DescdpHoD 01 Attached ~meDI I ~
"",OCTYOO"Xi? 'Y>0'---/7 t7 o;j~~
Document Date. tIY1 f;" ~.d.;L. . Number of Pages: ;2.,
Signer(s) Other Than Named Above: /{)/171 / h!-7-'
I I
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer'~ Name:.
o Individual o Individual
o 'CorporateOfficer o Corporate Clfficer
Title(s): Titie(s):.
o Partner - 0 Limited 0 General o Partner- 0 Limited 0 General
o Attorney-in-Fact o Attorney'in-Fact
o Trustee o Trustee
o Guardian or Conservator . '0 Guar.dian or Conservator
o Other' Top of thLimb here o OJher' Top of thumb here
Signer Is Representing: Signer Is Representing:
- 0'
c 1994 National'Notary AssoCi~tion "823~ R~mmet Ave,:"p.:o. Box 7184. Canoga Park;,CA 91309.7184 Prod. No. 5907 Reord~: Call Toll-Free 1.aoo:'876~827