Covenant Regarding Real Property 2008-0617073
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DOC# 2008-0617073
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, RECORDING REQUEST BY: )
) DEe 02. 2008 , :33 PM
CITY OF POWAY )
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) S,6,II DIEGO COUI'IT',' FIECORDER'S OFFICE
) GRECiIlR'i ,I, '"I,IITH, COUIIT'i RECORC'ER
{~~ CITY CLERK ) FEE,,, 22.00
CITY OF POWAY ) PAGES: ::;
POBOX 789 )
\~ POWAY CA 92074-0789 ) I111II11111111111111111111111111111111111111111111111111111I11111111111111111111
)
6045 (This space for Recorder's Use)
APN: 278,181-49,00
COVENANT REGARDING REAL PROPERTY
Tony E. Parker and Julie A. Morris-Parker, husband and wife as Joint Tenants, PROPERTY
OWNERS ("OWNER" hereinafter), are the owner(s) of real property commonly known as Assessor's
Parcel Number 278-181-49 ("PROPERTY" hereafter), and more fully described in Exhibit A.
In consideration of the approval of a Building Permit to construct a 2,639-square-foot barn on
the referenced property by the City of poway ("CITY" hereinafter), OWNER hereby agrees that no
portion of the barn shall be converted to habitable space without obtaining a Building Permit, never be
rented or leased as a separate unit, no complete kitchen facilities shall be installed, and no gas line
and/or 220 ampere electrical service 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.
lri,the event that a Building Permit is never obtained to construct the barn 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 persons impacted by the performance of this
Covenant the right to enforce this Covenant against the OWNERS,
Dated:
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T E. Parker
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Julie A. Morris-Parker '--
OWNERS:
Dated: ,
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Dated:
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By:
M:\planning\forms\Covenants\guest house covenant template.docM:\planning\scott\covenants\Parker barn covenant.doc
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CALlF()RNIA AlL.PURPC)SE ACKNOWLEDCMENT
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State of California
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County of ~ ^'"' D:"! 2) '"
On rJlhl. (jO . ~ClC'l~ before me, ~
, Dale ) Here Insert Name and
personally appeared ~ VI Y F r:/ uJo.. r,f, t:qllf"' Ie- '€ r
Name(s)of Slgner(s)
~ J lA.J,' -e.... -A-VlJl1 .11At'iYII/'" - Pa-r k...-err
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)mre subscribed to the
within instrument and acknowledged to me that
..lJQIsfte/they executed the same in RisfAer/their'authorized
capacity(ies), and that by ~/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
.~,. GLORY SANCHEZ
. ......."'. CommJsslon 1/ 1'758514
~ ; -'i ~ Notary Public, call1o,, rnib '~
;z: .' '~ San Diego County-
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signature
I seal.
OPTIONAL
Though the information below is not requireo by law, it may prove valuabletopersons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Document Dale Nov. ;JJJ <>?t2.Cl.(5 NumberotPages ~ _~
Slgner(s) OlherThan Named Ab~ve:,^!-/A-- '
Capacity(ies) Claimed by Signer(s)
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Signer's Name: .Jo.l /.~r7Y1
~dividual
o Corporate Officer - Title(s):
o Partner -0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
A1ffYfS - f~ rkr
Signer's Name: ~ l'I V E. fb...k-,f.r
~Individual I .
o Corporate Officer - Title(s):
[] Partner - 0 Limited 0 General
[] Attorney in Fact
D Trustee
D Guardian or Conservator
[] Other:
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Signer Is Representing:
Signer Is Representing:
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@2007 National Notary ASSOCiation. 9350 De SOlO Ave., PO. Box 2402. Chalsworth, CA 91313-2402' WWW.N<l110naINotary.org Item 115907 Reorder: Call Toll-Free 1-800-876-6827
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6047
Order No, 98224921
EXHIBIT "ONF! ~
Parcel A:
Parcel 2'.of Ear,cel Map No. 18.163, in the City of Poway, County of San Diego, State of
California, filea in the Office of the County Recorder of San Diego, December 11, 1998.
Parcel B:
An easernent and right of way tor road and public utility purposes over, under, along and
across that portion of Parcel Map No. 15942, in the City of Poway, Courity of San Diego,
State of California, filed in the 'Office of the County Recorder of San Diego County, January
4, 1990, lying within the area delineated and designated as "Proposed 10' Private Road
and Utility Easement".
Parcel C:
An easement for ingress arid egress ,for road purposes overthose portions of Lot 4,
Section 5 arid Lots 1, 2 and 3 in Se'c:tion 6, all in Township 14 South, Range 1 West, San
Bernardino. Meridian, in the Courity of San Diego', State of California, according to Official
Plat thereof, lying within 'a stiip of land 40 feet in width, the center line of which is
described as follows:
Commencing at a point on the Easterly line of said Lot 4, 769..09 feet, more or less, South
00015'20" West, along said Easterly line from the North line of said Section 5, said point
being the Southeast corner ofthat parcel of land conveyed to Pauline A, Polen, by Deed
recorded September 7,19.55 inEi'ook" 57.83, Page 296 of Official Records; thence along the
Southerly line of said Polen's land;, tiJorth 79027'50" West, 1.34.51 feet, more or less to an
;angle p,o)nt the,rein; thence cpntinyin.gi!,lpng said Sou.therlyline, North 740,59~ 20" West
',326A8feet; thence North,,69059'40"West 157.95:feet; thence ,North 62048'20" We'st
134.51 feet to the beginning ofa tangent curve,to the left concave Southeasterly, having
a radius of 70 feet; thence Westerly, Southeasterly and Southerly along the arc of said
curve through a' central angle of 121053', a distance of 148'.91 feet; thence South, '
04036'20" East, 133.76 feet to thebe'ginning of a tangent curve to the right concave
Northwesterly, having a radius of 1'20 feet; thence Southerly and Southwesterly along the
arc of said curve thr,ough a cel:1tra'i'1ngleof 46056'50", a"distance of 98.33feet to the
beginning of a compound curve having a radius of .134.56 feet; thence Southwesterly
along the arc of said curve through a c:entral angle of 24018', a distance of 57.07 feet to
the beginning of a compound CUrve eonc:ave Northeily, having a radius of 333.87 feet;
thence Westerly along the arc of said curve through a central angle of 22036' 20", a
distance of 1'31.73 feet; thence South 89014'50" We'st 63,41 feet to the beginning of a
tangel:1t Curve concave Northeasterly having a radius of 15,0 feet; thence Westerly and
Northwesterly along the arc Of said curve through a central.angle of 60055', a distance of
159.48 feet; thence North 2'9050'10" West, 150.63 fsetto the, begiriningOf a tangent
curve to the left concave Southwesterly; having a bearing Of 200 feet; thence
Northwesterly along the arc of said curve through a c'entfill angle' of 26003'20", a distance
of 90.95 feet; thence North 55053'30" West 57.96 feet to the beginnil:1g of a tangent
curve concave Northeasterly, having a radius of 505 feet; thence Northwesterly along said
curve, thrOugh a cehtral'angle Of 25049'30", a distance of 227.62 feet; thence North
30004'West 68.82 feet to the beginning of a tangent curve concave Southwesterly,
having a radius of 595'feet: thence Northwesterly along the arc of said curve through a
central angle of 34000'30",a distance of 353.17 feet; thence North 64004'30" West
95.61 feetto tQe beginning of a tangent curve to the left concave Southwesterly, having a
radius of 543.49 feet; thence Northwesterly along, the' arc of said curve through a central
angle of 2Qo05',..a distance or 190.50 feet tothe:.beginning of a compound curve concave
Southerly".having a radiusof300feet; thenceSoutnwesterly along the arc. of said curve
through a central angle.o( 42 0 56' 4()", a.'distaiiceof 224'.86 feet: thence South 52 0 53;50"
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6048
Order No, 98224921
West, 59.61 fe:et; tnenceSouth 47038'30" West, l45,OO/eet; thence South 51047'40"
w.e~st, 261A8Jeet;1thence South 48047'40" We~~; 11'8'.,06' ieet to the beginning of a
tangent curVe to the, left concave. Southeasterly having ,8 rag ius of 450 feet; thence
Southwesterly along the'arc of said curve, through aceg,tral ,angle of 22042'40", a
distance of 178.3Tfeet;,thence South 26005' West, 123.85 feet to Engineer's Station
414 Plus 63,76 in the center .lir)eof San Diego Aqueduct; thence South 55049'20" West,
176.88 feet; thence South 760,4'3'20" West, 376. 76feet; thence South 53013'20" West,
345.75 feet; thence South 81'037'50" West 607.74 feet; thence South 18026'50"West
161.56 feet,to its intersection with the center line of County Road Survey No. 335, as
conveyed to the County olSan Diego, by Deed recorded June 9,1937 in Book 657, Page
228 of Official Records.
The side lines of said easement shall be prolonged or shortened so as to terminate in the
Easterly line of said Lot 4 of. said Section 5.
Excepting therefrom any por,tion of said easement lying within the boundaries of Road
Survey No. 335,
Parcel D:
An easementforingress and egre,ss'for road purposes over that portion of Lot 3 in Section
5, Township 14 South, Range 1 WfJst, and over that portion of Hie Southeast Quarter of
the Southwest Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino
Meridian, in the County,of San Diego, State of California, according to the Official Plat
thereof lying within a strip of land 40 feet in width, the centerline of which is described as
follows:
Beginning at the Northwest:cornerof the Northeast Quartec of the Southeast Quarter of
the Southwest Quarter of 'said,Section 32; thence along the North line of said Northeast
QlClarter of the Southeast Quarter of the Southeast Qtlarterof said, Section 32, South
!8904l'40'cEast,8 distance of 203. 6ifeet to the Tcue'Point o(~B'eginning; thence South
22040'50"West, 334,94 feet;, thence South 20040'50" West, 95.61 feet to the
beginning of a tangent curve concave Easterly, having a radius of900 feet; thence along
the arc 'Of said 'curve through a central angle of 21 049', a ,distance of 342.70 feet; thence
South 1 008' 10" East, 121.1 o feet; .thence South 5031 '40" West, 486.17 feet to the
beginning of a tangent curve concayeE'asterly having~ radius of 500,feet; thence along
the arc of said curve through a ctlntralangle of 17054'40", a distance of 156.30 feet:
thence South 12023' East, 43:75 'feet to the beginning of a tangent curve concave
Westerly, having a radius of 500 feet; thence Southerly along the arc of said curve through
8 central angle of 14007'40", a distance of..123.29 feet; thence South 1044'40" West,
346,54'feet to the bfJginning of'<i,.tangen,tcurye cQncave Northwesterly, having a radius of
85AO feet;.thence Southerly, Southwesterly and Westerly along the arc of said curve
thr6u'gh ac:Eintral angleof81021' 20", a distance of 1 2 L26feet to the beginning of a
reverse curve concave, Sotltheasterly, having a radius of 200 feet; thence Westerly along
the arc of said curve through a central angle of 200~57', a ,distance of 73,13 feet; thence
South 62009" West, 79.10 feet to the beginning of a tangent curve concave Northerly,
having a radius of 300 feet; thence Westerly along ,the arc of said ,curve through a central
angle of 38023' 1 0" a distance of 200.99 feet; thencer\iorth 7'9027' 50" West 279,37
feet, more or'less, to a poihton'the Westerly line of said Lot 3 in Section 5, said point
being the Southeasterly:corner of that parcel ofland, describEid in Deed to Pauline A.
Polen, by Deed recorded September7, 1955 in Book 5783, Page 296 of Official Records
and the end of this easement. "
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6049
"S'
Order No, 98224921
Parcel E:
:An easement for ingress and egress"j'or ro.ad purp()ses:,ove.r the Nartherly 15 feet ,of the
Sautheast carner of the Sauthwest Quarter and over the. Southerly 15 feet of the
Nartheast Quarter of the Southwest Quarter afSectian 32, Township 13 ,South, Range 1
West, San B'ernardino Meridian, in the County af San Diego, State bf California, according
to Official Plat thereof.
Parcel F:
An easement for ingress and egress for road and pipe line purposes over a ,strip of land 30
feet wide,in the West Half oftlieSciutheast Quarter af Se6tion32, Township 13 Sauth,
Rang,e 1 West, San Bernardino. Meridian, in the County of San Diego, State of California,
according to Official Plat thereaf.
The Northerly and Westerly line af ,said 30 foot strip are described as follows:
Beginning at the Southwest corp,er ofiheNarthwest Quarter af said Southeast Quarter;
thence, along the Westerly line of said Southeast Quarter'South 2:032'07" West 1 5 feet to
the True Point o'f Beginning a'f the herein described line; thElQceretracing North 2032'07"
East along said Westerly line 406..22 feet; thence South 89042'57" East 557 feet.
Parcel G:
An easement and right af way far r.o~d andpublic.utility purp,ases aver and across a strip
af land 52 feet in width in the Northeast Quarter af the Sauthwest Quarter of Section 32,
Township 13 South, Range 1 West, San Bernardino, Meridian, in the County af San Diego.,
State of California, according to., Official Plat thereof and being designated and delineated
on Parcel Map No. 15942, filed in the Office of the County Recorder of San Diego County',
january 4, 1990,a$, "Existing PriVate Road arid,Utility Easement per File No. 74'091965,
reco'faed April 11, 1974,"
Excepting therefram any partion IYirig within said Parcel Map No.1 5942.
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Assessor's Parcel No: Por 278-18,1,43 and 44,
4