Covenant Regarding Real Property 2011-0217045 D0C I4 201 1 -021 7045
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RECORDING REQUEST BY: )
APR 26, 2011 3:59 PM
CITY OF POWAY )
) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., COUNTY RECORDER
) FEES: 22.00
CITY CLERK ) PAGES: 3
CI
B TY OF
789 POWAY j
POWAY CA 92074 -0789 ) IIIIIIIVIIIIIIIfVIIIVIIIVIIIVIIIVIIIVIIII1IIIVIIIVIIIVIIIVIIIVIII IIII 'I
11383 (This space for Recorder's Use)
APN: 314 - 242 -11 -00
COVENANT REGARDING REAL PROPERTY
Lawrence Roberts and Barbara Roberts, husband and wife as Joint Tenants, PROPERTY
OWNERS ( "OWNER" hereinafter), are the owners of real property commonly known as 13711
Somerset Road ( "PROPERTY" hereafter), and more fully described in Exhibit A.
In consideration of the approval of a Building Permit to construct a 500 - square -foot, detached
guest house on the referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby
agrees that the guest house shall 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.
In the event that a Building Permit is never obtained to construct the proposed guest house,
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.
OWNERS:
411P,, 1
Dated: 4 r - /- Ore
Lawrence Ro • p0
Dated: -1 - O - ! ±
Barbara Robe s
CITY O�*WAY:
Dated: (A i in By: iLi /..�✓
Ro w rt . anis-
Director of Development Services
M:\ planning \intern\Mike \Covenants\Roberts Guest House.docx
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113
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of J /6o
On aZo // before me, A/4Z if - 5177//// icer
Date Here Insert Name and Tile of tI r Q
personally appeared /47"t �oeex- /} "vb - _ / - /1®.e
Name(s) of Signer(a)
1
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) */are subscribed to the
within instrument and acknowledged to me that
6/s /they executed the same in jiis/hilgtheir authorized
capacity(ies), and that by tXs/I> *r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
PHYLLIS SHINN
- Commission 1778898 I certify under PENALTY OF PERJURY under the laws
%� w #f Notary Public - California of the State of California that the foregoing paragraph is
V P San Diego County t true and correct.
M'►Canm.ExekesNov9
WITNESS my hand d official seal.
Signature //
Place Notary Seal Above � 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
n A ��
Title or Type of Document: _ L, iY�a/ - ,6 =
Document Date: At ' d ,„,7D7( ,/�, Number of Pages: L
Signer(s) Other Than Named Above: '4/fCle - °J • W
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General RIGHT THUP THUMBPRINT ❑ Partner — ❑ Limited ❑ General RiGHTTH UMBPRINT
❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF S GNE.R
El Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 Nationat Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
PARCEL 1:
THE EAST 60 FEET OF THE WEST 180 FEET OF THE EAST 460 FEET OF THE NORTH 8 ACRES OF THE SOUTH 13
ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 11, 1879.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS FOR ROAD
AND PUBLIC UTILITY PURPOSES OVER AND ACROSS THE NORTH 30 FEET OF THE SOUTH 13 ACRES AND OVER AND
ACROSS THE SOUTH 30 FEET OF THE NORTH 2 ACRES OF THE SOUTH 15 ACRES OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER, SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 11, 1879, EXCEPTING THEREFROM
THAT PORTION THEREOF LYING WITHIN PARCEL 1 ABOVE DESCRIBED.
Assessor's Parcel Number: 314 - 242 -11 -00