Covenant Regarding Real Property 2004-0175372- 6926 DOC 41,2004-0175372
RECORDING REQUEST BY: )
CITY OF POWAY ) MAR 04, 2004 9:04 AM
i )
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
JP CITY CLERK ) SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY ) GREGORY J. SNIT11, COUNTY RECORDER
P O BOX 789 ) nn FEES: 9_0.00
POWAY CA 92074-0789 ) { IIIIIIIII�IIIII�IIIIIIII�IIIIIIIII�I�IIII��IIIIIII�I�II�I���I irder's use)
No Transfer Tax Due )
APN: 321 - 100 -28
COVENANT REGARDING REAL PROPERTY
Whereas Brian and Chris Johnston, PROPERTY OWNERS ( "OWNER" hereinafter)
are the owners of real property commonly known as Assessor's Parcel Number 321 - 100 -28
"PROPERTY" hereinafter), and more fully described in Exhibit "A" attached hereto and
incorporated by this reference (the "Property ").
In consideration of the approval by the City of Poway ( "CITY" hereinafter) of Minor
Development Review Application 00 -142, involving the construction of a single - family
residence that includes a 753- square -foot second story consisting of family room and office
space, OWNER hereby agrees that no portion of the family room /office shall ever 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, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that Minor Development Review Application 00 -142 expires or is
rescinded by City Council, and building permits are never obtained to construct the
proposed residence, CITY shall, at the request of OWNER, expunge this Covenant from
the record title of PROPERTY.
In the event of litigation 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.
Dated: .4-V- 0 / B)
Dated: 2-2y,41 B\
Dated: 2 _�_1-1 °
CITY OF POWAY�
r
By:
Niall Fritz, Director o e elopment Services
M: \planning \cmr \johnston second story MDRA 00 142.Cov.doc
6,927
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of y t: 7 y
On 'z—t1.5 1 t Z 00 / before me,, i /S f%/Ivxl ✓ ITW1,41.3C i C_
Dale / �'/ /TNama re Title of 011ioer (e g.,'Jarre Doe. Notary Publkl
personally appeared !�/C /LI/v }' �! 1S V 0yA15rZ)1t1 ,
Namelsl of Sionerfs)
PHYLLIS SHINN
Commluion # 1050304
;o Notary PUbNC - California
San Diego County
My Comm. Explres Nov 9. M
q personally known to me
roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) )s/ /are
subscribed to the within instrument and
acknowledged to me that �4/sWe /they executed
the same in his /VZr/their authorized
capacity(ies), and that by iNs /h4r /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNXIZZ hand and offici "eat.
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Sgnature of Notary Nebo
OPTIONAL
Though the information below is not required by law, it may prove va'uable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of humb help
❑ Corporate Officer— Title(s):
❑ Partner — ❑Limited ❑General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
p 1999 National Notary Association • 9307 Da Soto Are., P0, Box 2402-Chatsworth, CA 913132402 • www.nationalnotart org
Pmd. No 5907 Reorder'. Cell Toll -Frea 1.80 1fi-6821
6928
EXHIBIT A
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO,
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTHEAST QUARTER OF -THE NORTHWEST QUARTER OF 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.
EXCEPTING THEREFROM THE EASTERLY 200.00 FEET THEREOF.
;L1:T9l:1fA
AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITY PURPOSES, INCLUDING BUT
NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER, AND CABLE
TELEVISION LINES AND APPURTENANCES THERETO, UNDER, ALONG, AND ACROSS A STRIP
OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE EASTERLY 200.00 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,' SAID TWENTY_ FOOT STRIP DESCRIBED
AS FOLLOWS:
THE NORTHERLY 20.00 FEET OF THE EASTERLY 200.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 5.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, TO BE USED IN
COMMON WITH OTHERS, OVER, UNDER, ALONG THE ACROSS THE SOUTHWESTERLY AND THE
NORTHWESTERLY 60.00 FEET AND THE NORTHERLY 45.00 FEET OF THAT PORTION OF THE
SOUTH HALF OF LOT 3 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 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT, SOUTH 89° 51'63" EAST, 423.82,FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "A "; THENCE NORTH 000 11'25" WEST; 454.22 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "B'; THENCE NORTH 240 21'50" WEST, 152.74 FEET TO A POINT IN THE
SOUTHERLY BOUNDARY OF THAT 40.00 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED
IN PARCEL 5 IN DEED TO JOHN A. SPARKMAN, RECORDED JULY 15, 1956 IN BOOK 6181, PAGE
30 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 320.00 FOOT RADIUS CURVE' .
CONCAVE NORTHERLY THEREIN, A RADIAL LINE OF WHICH BEARS SOUTH 04° 41' 00" EAST TO
SAID POINT; THENCE ALONG SAID RADIAL LINE NORTH 040 41' 00" WEST, 20.00 FEET TO THE
CENTER LINE OF SAID EASEMENT; THENCE ALONG SAID CENTER LINE, WESTERLY ALONG THE
ARC OF A 300.00 FOOT RADIUS CURVE CONCAVE NORTHERLY IN SAID CENTER LINE THROUGH
A CENTRAL ANGLE OF 150 1,3'10", A DISTANCE OF 79.69 FEET TO THE TRUE POINT OF
BEGINNING; THENCE RETRACING THE LAST COURSES AND DISTANCES TO SAID POINT "A ";
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3; NORTH 830 51' 53" WEST, 360.00 FEET;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT THAT IS SOUTH 890 46,341, WEST,
170.00 FEET FROM SAID POINT "B "; THENCE NORTH 240 21 50" WEST TO THE CENTER LINE OF
SAID 40.00 FOOT EASEMENT HEREIN ABOVE REFERRED TO; THENCE ALONG SAID CENTER
LINE SOUTH 790 27'56- WEST; TO THE TRUE POINT OF BEGINNING.
(LEGAL DESCRIPTION CONTINUED)
0 If 6929
(LEGAL DESCRIPTION CONTINUED PAGE 2)
PARCEL4
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UNDERGROUND
UTILITY PURPOSES INCLUDING, BUT NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS,
WATER, SEWER, AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER,
UNDER, ALONG, AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO;
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID
SIXTY FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 5 TO A POINT HEREAFTER REFERRED TO AS POINT "A "; THENCE SOUTH 060 45'26"
EAST TO A POINT OF A INTERSECTION ON A LINE LYING PARALLEL TO AND 30.00 FEET
EASTERLY OF THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF NORTHWEST
QUARTER.OF SECTION 5, SAID POINT OF INTERSECTION BEING ALSO THE TRUE POINT OF
BEGINNING; THENCE RETRACING THE PREVIOUS COURSE TO PREVIOUSLY DESIGNATED
POINT A; THENCE NORTH 060 45'26" WEST A DISTANCE OF 248.30 FEET TO A ONE- INCH,IRON
PIPE WITH BRASS DISC MARKED L.S. 4158, SAID PIPE LYING 30.00 FEET WESTERLY OF THE
EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,
SAID POINT OF INTERSECTION LYING 30.00 FEET EASTERLY OF THE NORTHEAST CORNER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5.
THE SAID LINES OF SAID EASEMENT ARE TO BE SHORTENED AND LENGTHENED TO
TERMINATE IN THE NORTHERLY AND EASTERLY LINES OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER.
9L•1:Z6741p,
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS,_ROAD.AND UNDERGROUND
UTILITY PURPOSES INCLUDING, BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS,
WATER, SEWER, AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER,
UNDER, ALONG, AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID
SIXTY FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF.SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 44'56" WEST A DISTANCE OF 59.87
FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY AND NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 730 53'01" A DISTANCE OF 103.16 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 150 51'55" WEST A DISTANCE OF 80.63 FEET TO THE
BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1130 30'36" A
DISTANCE OF 198.11 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 500 37' 29" WEST A
DISTANCE OF 349.32 FEET TO A ONE -INCH IRON PIPE WITH BRASS DISC MARKED L.S. 4158;
(LEGAL DESCRIPTION CONTINUED)
(LEGAL DESCRIPTION CONTINUED PAGE 3)
THENCE SOUTH 71° 29'2 0" WE . ST A DISTANCE OF 343.03 FEET TO A ONE -INCH IRON PIPE WITH
BRASS"D1SC MARKED LS: 4158; THENCE SOUTH 82° 35'_12" WEST TO A POINT.OF
INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 5, SAID POINT OF INTERSECTION
LYING 746.83 FEET SOUTHERLY OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 5.
THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED AND, LENGTHENED TO
TERMINATE 1N THE EASTERLY AND WESTERLY LINES OFJHE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 5.
PARCEL6
AN EASEMENT AND. RIGHT OF WAY FOR UNDERGROUND UTILITY PURPOSES, INCLUDING BUT
,.:NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER, AND CABLE -
TELEVISION LINES AND APPURTENANCES THERETO UNDER; ALONG, AND ACROSS A STRIP OF
LAND 15.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO'BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT.THEREOF, THE CENTERLINE OF SAID FIFTEEN FOOT STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF'SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 89°44' 56" WEST A DISTANCE OF 59.87 FEET TO THE BEGINNING OF A
TANGENT 80.00 FOOT RADIUS-CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 730 53'01" A DISTANCE
OF- 103.16 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 51'55" WEST A DISTANCE OF
80.63 FEET TO THE BEGINNING OF 'A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1130 30'36" A DISTANCE OF 198.11 FEET TO A POINT, SAID POINT BEING THE TRUE
POINT OF'BEGINNING; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT OF
INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
-- QUARTER- OF SAID - SECTION -5, SUCH'- POINT - BEING- 30.00- FEET,SOUTHERLY- -OF -THE
NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF NORTHWEST QUARTER OF SAID
SECTION 5.
THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED AND LENGTHENED TO
TERMINATE IN THE EASTERLY LINE'OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 5.
M:\planning \cmNohnstonEXHIBIT A.doo