Covenant Regarding Real Property 2010-0407071RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
rs CITY CLERK
I' O CITY OF POWAY
ip P O BOX 789
6 n00 POWAY CA 92074 -0789
APN: 317 - 520- 01 /MDRA 09 -42
D O C ## 2010-0407071
11111111111111111111111111111111111111111111111111111111111111 IT IN
AUG 09, 2010 1:47 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 2200 .
PAGES: 3
(This space for Recorders Use)
COVENANT REGARDING REAL PROPERTY
Shendl Diamond, PROPERTY OWNER, ( "OWNER" hereinafter), is the owner of real property
described in Exhibit A, which is attached hereto and made a part hereof, and which is commonly
known as 12203 Leona Lane ( "PROPERTY hereinafter).
In consideration of the approval of a Building Permit to construct a 1,622- square -foot, attached
garage and storage area on the referenced property by the City of Poway ( "CITY" hereinafter),
OWNER hereby agrees that no portion of the garage or storage area shall be converted to habitable
space without approval of a Minor Development Review Application and obtaining a Building Permit.
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 a Building Permit is never obtained to construct the proposed garage and
workshop at the request of the OWNER, the CITY shall expunge this Covenant from the record title
of the PROPERTY.
If either party incurs costs as a result of filing a civil action 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. ,
OWNER:
Dated:
Shendl Diamond (Notarize)
-7 CITY OF P WAY:
Dated: / Zq I
ert J. Mani 6, Dire or De elopment Services
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1 ALL-PURPOSE ACKNOWLEDGMENT
YSY ism= if,. 3S�af�aYau.' Jf!.) SC: IS: tii.:T S£ 1.;: pSS�iLau�: ii! nfSHS::$ f�0f!. ri4�5��iS�yN r' iS, iv.'+ iJ. aS; ujS ,�.yS,_jf�.jS;a�.KfSau:lf£tife »' yL :>tC�aL �SS.�„c
State of California
County of San Diego
On �/6GfSl L� LO O
Date
before me,
personally appeared L
PHYLLIS SHINN
Commission O 1778898
'o Notary Public • California
San Diego County
Comm. Nw9 2011
Shinn. Notary Public
who proved to me on the basis of satisfactory evidence to
be the person( -whose name( is /aK.subscribed to the
within instrument and acknowledged Yto me that
'bshe /t4'y executed the same in Pj/s/her /t4ir au, trorized
capacity(i�s), and that by 'bfs/her /tT}�ir.signature($§,on the
instrument the person( or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han I and official s 1.
Place Nolar Seal Above Signature //
y Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
1
Title or Type of Document: ` / O(/Cx�
Document Date: -ja Z, y Z % ZO Number of Pages:
Signer(s) Other Than Named Above: �D �(-7i;'% {�i�f9/�/
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
Signer's Nal
❑ Individual
MAS
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact • ❑ Attorney in Fact
❑ Trustee Top of Thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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EXHIBIT A
PARCEL 1:
THE WESTERLY 171.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTH-
WEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 14;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE
OF 620.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE. OF SAID SOUTH-
WEST QUARTER, A DISTANCE OF 348.00 FEET MORE OR LESS, TO AN INTERSECTION
WITH A LINE DRAWN PARALLEL WITH AND 15.00 FEET NORTHERLY AT RIGHT ANGLES
FROM THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND CONVEYED
TO THE POMERADO UNION SCHOOL DISTRICT, BY DEED DATED MAY 1, 1924 AND
RECORDED IN BOOK 751, PAGE 381 OF DEEDS; THENCE WESTERLY ALONG SAID
PARALLEL LINE, 202.58 FEET, MORE OR LESS,. TO A POINT ON THE EASTERLY LINE
OF THE LAND CONVEYED TO PAULENE SCHNEPP BALDWIN, BY DEED DATED JUNE 28,
1955 AND RECORDED IN BOOK 5709, PAGE 490 Or OFFICIAL RECORDS; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, BEING PARALLEL WITH THE WEST LINE OF
SAID SOUTHWEST QUARTER OF SECTION 14, A DISTANCE OF 92.00 FEET MORE OR
LESS, TO THE NORTHEAST CORNER OF SAID BALDWIN'S LAND; THENCE WESTERLY ALONG
THE NORTHERLY LINE OF SAID LAND, BEING PARALLEL WITH THE SOUTHERLY LINE OF
SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF•SECT-
ION 14, A DISTANCE OF 417.42 FEET TO THE 'WEST LINE OF SAID SOUTHWEST QUAR-
TER; THENCE NORTHERLY ALONG SAID WEST LINE, 255.71 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE
NORTHERLY 20.00 FEET OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 ABOVE.