Covenant Regarding Real Property 2001-0429829
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.....- - '.'-r . DOC . 2001-0429829
RECORDING REQUEST BY: )
) JUN 26. 2001 8:50 AM
CITY OF POWAY )
) 513'3 lFFICIAl. REIllRDS
WHEN RECORDED MAIL TO' ) SAN DIEGO tmffV REClJRDER'S IlFFICE
) GREIillRV J. SMITH. roumv RIDJRIitR
CITY CLERK ) FEES: 13.00
CITY OF POWAY )
POBOX 789 ) ~11"11111111II111II1111'1"llIIlllllllllll1111111111111111'-
POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (1 "'" "t'___ _.2001-0429829
~ COVENANT REGARDING REAL PROPERTY
Whereas, Richard Neefe, property owner, ("OWNER" hereinafter) is the owner of land
described in Exhibit "A", which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 275-720-31, ("PROPERTY hereinafter). In
consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development
Review 01-004, involving the construction' of a second story recreation room above the garage,
OWNER hereby agrees that no portion of the Recreation Room shall ever be rented or leased
as a separate living unit, and that no kitchen facilities shall ever 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 OWNERS
Dated:
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EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of the Southwest Quarter of the Southwest Quarter of Section 30, Township 13,
South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San
Diego, State of California, according tothe Official Plat thereof, described as follows:
BEGINNING AT THE SOUTHWEST,CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, SOUTH 88 DEGREES, 53' 53" EAST 530.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTH LINE NORTH 0 DEGREES 38' 50" WEST 130 14 FEET, THENCE NORTH 14 DEGREES
35' 57" EAST 51.35 FEET, THENCE NORTH 57 DEGREES 41'22" EAST 10442 FEET TO AN ANGLE POINT IN
THE NORTHEASTERLY BOUNDARY OF THAT CERTAIN TRACT OF LAND CONVEYED TO HARDY E,
FOSTER, BY DEED RECORDED AUGUST 10, 1960 AS DOCUMENT TO 161261 OF OFFICIAL RECORDS OF
SAID COUNTY, THENCE ALONG THE NORTHERLY, EASTERLY, AND SOUTHERLY BOUNDARY OF LINE OF
SAID FOSTER LAND, SOUTH 75 DEGREES 23' 50" EAST 122.46 FEE AND SOUTH 7 DEGREES 59' 30" WEST
210.43 FEET, THENCE ALONG THE SOUTH LINE OF SECTION 30, NORTH 88 DEGREES 53' 53", 189 FEET
TO THE TRUE POINT OF BEGINNING.
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"C~L1:FORNIA ALL.PURP.E ACKNOWLEDGMENT
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County of 5# l);e::WJ
On 5/ 1.-:) - V \
State of
Date
before me J. 5" ,vl.......
, " { r Name and Tille of OffIC(!1 (c.g "Jane Doe. Notary Public")
\ c.,h ~vi,l 1\\ ~ c... t' e....
personally appeared
Name(s) of Signer(s}
~erSOnallY known to me - OR ~ 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged 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 person(s),
or the entity upon behalf of which the persori(s) acted,
executed the instrument.
...---
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J_ SOULE
COMM. #1203857
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Though the information below is not' required by law. it may prove vcflu Ie to personslsfying on the document and could prevent
fraudulent removal and reattachment 6f is form to another document.
Signature of Notary Public
Description of Attached Document
Title or Type of Document: C{)~ '"'" wX
Document Date: 5,/1.-)/,) I
Signer(s) Other Than Named Above: Ci~
Capacity(ies) Claimed by Signer(s)
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Number of Pages:
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Signer's Name:
Signer's Name: ,eJ.-!-^,Il.. ~V..C~
o Individual
o Corporate Officer
Titie(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
CJ Other" Top althumb here
;z( Individual
o Corporate Officer
Titie(s)'
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other' lop 01 thumb here
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Signer Is Representing:
Signer Is Representing:
01994 National Notary Ass"ocialion' a236 Remmel Ave., P.O. Box 7164' Canoga Park, CA 91309-7164
Prod. No. SP07
Reorder: Call Toll-Free 1-600'676.6627