Covenant Regarding Real Property 2001-0563621
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': RECORDING REQUEST BY'
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
f~ POBOX 789 )
POWAY CA 92074-0789 )
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No Transfer Tax Due )
DOC. 2001-0563621
AUG 09. 2001 9:07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 16,00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
John J, Riha and Laurel A, Hayes, husband and wife as Jaint Tenants are the owners,
("OWNERS" hereinafter) of real property described in Exhibit "One", which is attached hereto and
made a part hereof and which is commonly known as Assessor's Parcel Number 278-180-18-00
located at 14736 High Valley Road, Poway, CA ("PROPERTY hereinafter), In consideration of
approval of a Building Permit to' canstruct a 486-square-footguesthouse,on the referenced property
by the City of Poway ("CITY" .hereinafter), OWNERS hereby agree that no portion of the guesthouse
shall ever be rented or leased, as a separate unit and kitchen facilities shall never be installed,
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 building permits are never obtained to, construct the proposed addition 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
Covenant the right to enforce this Covenant against OWNER
Dated:
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Dated:
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CITY OF POWAY
Dated:
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By'
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Niall Fritz, Director of Develop. ent Services
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EXHIBIT "ONE"
Parcel 1,
All tha,t portion of the Southwest Quarter of the Southwest Quarter of the Southwest
Ouarter:af Section 32, Township 13 South, Range 1 West, San Bernardino. Meridian,
accordirig to United States Government Survey approved November 19, 1880, and at the
Northerly 200,00 feet of the Northwest Quarter of Lot 4 in Section 5, Tawnship 14 South,
Range 1 West, San Bernardino Meridian, according to United Statas Government Survey
approved February 24, 1876, all in the County of San Diego., State of California, lying
Easterly of the following described boundary;
Commencing at the intersection of the Easterly line of said Southwest Quarter of the
Southwest Quarter of the Southwest Quarter of Section 32, with the Southerly line of said
Section 32; thence along sai~Easterly line North 0018'00" West, 130,00 feet to a point
hereinafter referred to as Point "A"; thence parallel with the Southerly line of said Section
32, South 69046'10" West, 282,00 feet to a point hereinafter referred to. as Paint "B";
thence retracing along said parallel line North 89048'1(j" East, 282.00 feet to said Point
"A"; thence. along the Easterl',i"line, of said Southwest Quarter ohhe Southwest Quarter of
the Southwest Quarter. North 0 0 18'00. West, 330,00 feet. more or less, to an
intersectian with the Southerly line of the Northerly 200.00 feet of said Sauthwest Quarter
of the Southwest Quarter of the ,Southwest Quarter; thence along said Southerly line South
89048' 1 0" West 450,00 feet to the True Point of Beginning; thence,. Southeasterly in a
straight line to said .Point "B"; thenpe 'Southwesterlyin a straight line to an intersection
with the Southerly line of the Northerly 200,OOfeet of the Northwest Quarter of Lot 4 in
said Section 5, distant thereon South 89048'10" West, 345.00 feet from the Southeast
corner thereof.
Excepting therefrom that portion lying Northerly of a line drilwn parallel with the Southerly
line of said Sectian 32 which extends from Point "A. to Point "8" hereinabove mentioned,
Parcel 2:
An-easement-and right'of'way for ingress'and egress-and'for'road'purposes-aver;- along
and across a strip of .Iand 25;00 feet.in width lying within Lot 4 in Section 5, Township 14
South. Range 1 West, San. Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey approved February 24,
1876, the center line of said strip being described as follows:
Commencing at the Northwest corner of said Section 5;thance along the Northerly line of
said Section 5, Narth 89048'10" East 149,25 feet;, thence at right angles South
000 11'5p. East, 200.00 feet;'thenceparallel with the Nbrtherlyline of said Section 5,
North 89048'10. East, 300,60 feet to a point herein designated as Point "X"; thence
South 00011'50" East, 43,72 feet; thence South,68003'20" East, 6.18 feet to the
beginning of a tangent 100,00 faat radius curve concave Sauthwesterly; thence
Southeasterly along the arc of said curve through a central angle of 62011 '00" a distance
af 108.53 feet; thence tangant to said curve South 05052'20. East 247 71 feet to a point
on the arc;of a 70,00 foat radius curve, the center of which bears South 65005'20. East
from said paint, and said point on curve being the True Point of Beginning of the herein
described center Iirie; thence retracing last two above described courses as follows: North
05052'20" West, 247 71 feet to the beginning of a tangent 100,00foot radius curve,
concave Southwesterly; and Northwesterly along the arc of'said curve to the Point of
Tangency in a straight line which bears Southeasterly from said Point 'X"; thence
Northwesterly along said tangent straight line to said Point .X', Said easement to be
prolonged Northwesterly so as to intersect the Southerly line of the Northerly 200,00 feet
of said Lot 4.and said Northerly 200,00 feet being measured et right angles to the
Northerly line of said Sectian 5,
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Excepting froin said 25.00 foot strip that portion'thereof lying Southeasterly and Southerly
of the arc, of a 90,00 foot radius curve. concave Southeasterly, which is concentric with
and 20.00Jeet~Northwesterly of the 70.00 foot radius curve hereinabove described,
Parcel '3:
An easement and right of way for ingress and egress and for road purposes over, along
and across that portion of Lot 4 in Section 5, Township 14 SoUth. Range 1 West. San
Be'rnardino Base and Meridian. in the County of San Diego, State 01 California. according to
United States Government Survey approved February 24. 1876. described as follows:
Commencing.at said Point "X. hereinabove designated in Parcel 3; thence South
000, 1'50' East, 43.72'leet to the True Point of Beginning; thence South 68003'20' East,
6, , 8'feetto the beginning of a .tangent 100,00 foot radius curve. concave Southwesterly;
thence Southeasterly along the arc of said curve to the Southwesterly line of Parcel 3
hereinabove described, thence Northwesterly along said Southwesterly line to a line which
bears South 00011 '50. East from said Point 'X'. thence South 000' "50' East to the
True Point of Beginning,
Assessors Parcel No; 278-180-18
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~AiIFORNIA ALL-PURP8tE ACKNOWLEDGMENT
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OnJune ~e I 2m, betoreme,~f~?~~,,~oll::i'9~:~'~'rs,,~~~y BJ,hc..
personally appeared ::fohN J, Rih~) OIA)()r'E a.rJ LauRt'1 A H-Qve<; t':Almf/e.
Name(s) of Signer(s) T f J
o persanally known to me - OR -Iproved to. me on the basis af satisfactory evidence to. be thepersan(s)
whose name(s) is/are subscribed to the within instrument
and acknawledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the persan(s),
or the entity upan behalf af which the person(s) acted,
executed the instrument.
State of
County at
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J' Natay N>IIc - Cal/Ian!a ~
San llIeQO c:ountr. -
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WITNESS my hand and official seal.
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Signature 01 Notary Public
OPTIONAL
Though the information below is notrequired 9y,law, it may prove vafuabfe.to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title ar Type of Dacument: LbWYli'lvl.\- Fe7 ~12cl1l\g_geb)
J I..ll'lt 20 2-00 f
,
Signer(s) Other Than Named.Abave: /'Ii A II Fr<i t) )
PR-Ope.R.t'j
Dacument Date:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: :J-ol-1N 1. Ri~'II
piRe c..i-oR d- "Development
Set'?v)ce<,
Signer's Name: J o..lllQ", \ ft, ~eS
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o Individual
o Corpor"te Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservatar
,[if Other' nu) (If: R.
o Individual
o Carporate Officer
Title(s'j: .
o Partner - 0 Limited 0 General
o Attarney-in-Fact
o Trustee
o Guardian or Canse.rvator
~ Other' f\\Ame~
Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary Association. 8236 Remmel Av~.. P.O. Box 7164 . Canoga Pari<, CA 91309-7184
Prod. No. 5907
ROO(der: Call Toll-Free 1-800-876.6827