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Covenant Regarding Real Property 2011-0219001 DOC if 201 1 -021 9001 lililUl 111 0lD 11111011111111101111110111111011111111110111111 RECORDING REQUEST BY: ) APR 2011 12:47 PM tic � ) OFFICIAL RECORDS CITY OF POWAY ) SAN DIEGO COUNTY RECORDERS OFFICE tUr Ernest J. Dronenburg, Jr., COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES: 25.00 CITY CLERK ) PAGES: 4 P CI BOX 789 POWAY ) I II1III'llll 11111 I'lll IIIII'IIII 1101 1101 VIII VIII VIII I'lll VIII VIII I1 IIII 1III POWAY CA 92074 -0789 ) (This space for Recorder's Use) APN: 278 - 321 -09 COVENANT REGARDING REAL PROPERTY Gregg C. Seaman, Trustee of the Gregg C. Seaman Revocable Living Trust dated August 4, 2006, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property commonly known as 17087 Old Coach Road ( "PROPERTY" hereinafter), and more fully described in the attached Exhibit A. In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building Permit to remodel an existing barn (1,776 square feet of non - habitable space) and guest quarters (384 square feet of habitable space), OWNER hereby agrees that no portion of the guest quarters shall ever be rented or leased as a separate unit and no complete kitchen facilities shall 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. 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: Gregg C. Seaman Revocable Living Trust Dated: Zl 1 011 1 By: - re g . Seaman, Trustee (Notarize) CITY OF POWAY Dated: 43 1 By: i ` %�.41i / �/. os=rt J. Manis, • irecto o 'rg opment Services M:\planning \cmr\guest house cov\Seaman Cov.docx 1\• 005 . e , • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL Cone if 1189 l ; State of California rn • r County of ' il/ t V\ P . _ % On before me, �. L i >, r I 1 rim A . 4 t He e Insert Name and Me of the • • personally appeared (31Yel5 Cs r7C/0I Imo A.A.. Name(s) of Signer(s) who proved to me on the basis of satisfactory >> % evidence to be the person(e) whose name(.) is/ar - >> subscribed to the within instrument and acknowledged >> to me that he /shoIther executed the same in his/her/titer authorized capacity(iee}, and that by .. his/her/their signature(* on the instrument the person,(*, or the entity upon behalf of which the ; C . person(* acted, executed the instrument. 1744 1 certify under PENALTY OF PERJURY under the I • ti S. • # ► Public -; CaNlonyp lw l '" / i o *SO* laws of the State of California that the foregoing % sot paragraph is true and correct. WITNESS my hand and official seal. Signature: - - -- .•r..._ Place Notary Seal Above Signature of Notary Public Z 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. r 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(s) i Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): r ❑ Individual RIGHT THUMBPRINT ❑ Individual RR' THUMBPRINT OF SIGNER OF S' NE?; ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact El Attorney in Fact >> % ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: i Signer Is Representing: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800 -876 -6827) Item #5907 Y Y EXHIBIT A LEGAL DESCRIPTION Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL 1: THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 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 SEPTEMBER 21, 1875. EXCEPTING THEREFROM THE WESTERLY 210.00 FEET OF THE NORTHERLY 1,050 FEET THEREOF. ALSO EXCEPTING THEREFROM: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 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 SEPTEMBER 21, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 00° 11' 28" WEST, 255.33 FEET ALONG THE WEST LINE OF SAID NORTH HALF TO THE SOUTH LINE OF THE NORTHERLY 1050 FEET OF SAID NORTH HALF; THENCE NORTH 82° 27' 51" EAST, 302.48 FEET ALONG SAID SOUTH UNE TO A LINE PARALLEL WITH AND 300 FEET EASTERLY OF SAID WEST LINE; THENCE NORTH 00° 11' 28" WEST, 155.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 26° 19' 47" WEST 204.29 FEET TO THE EAST LINE OF THE WEST 210 FEET OF SAID NORTH HALF; THENCE NORTH 00° 11' 28" WEST 204.79 FEET ALONG SAID EAST UNE; THENCE NORTH 86° 41' 50" EAST, 2587.12 FEET ON A LINE PARALLEL WITH THE SOUTH UNE OF SAID NORTH HALF TO THE EAST LINE OF SAID NORTH HALF; THENCE SOUTH 02° 15' 09" EAST, 824.69 FEET ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE SOUTH 86° 41' 50" WEST 2827.14 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 21, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, ACCORDING TO RECORD OF SURVEY MAP NO. 10298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 7, 1985, SAID POINT BEING MONUMENTED BY A ONE HALF INCH SQUARE IRON PIN STAMPED "LS 2804 "; THENCE CONTINUING ALONG THE WESTERLY UNE OF SAID NORTH HALF, NORTH 00° 11' 28" WEST A DISTANCE OF 255.31 FEET (RECORD 255.33 FEET) TO THE SOUTH UNE OF THE NORTHERLY 1050.00 FEET OF SAID NORTH HALF ACCORDING TO SAID RECORD OF SURVEY AND ALSO ACCORDING TO THAT CERTAIN GRANT DEED TO "SILVA ET AL ", ACCORDING TO FILED PAGE 85- 136092 OF OFFICIAL RECORDS, RECORDED APRIL 19, 1985 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, NORTH 82° 27' 51" EAST A DISTANCE OF 211.74 FEET TO THE SOUTHEAST CORNER OF P • • • • SAID PROPERTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING AN EASTERLY DIRECTION ALONG A PROJECTION OF THE SOUTHERLY LINE OF SAID LAND AND ALONG THE BOUNDARY OF THE. LAND DEEDED TO THE STATE OF CALIFORNIA, RECORDED JUNE 2, 1993 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS RECORDER'S FILE NO. 1993 - 0349617 OF OFFICIAL RECORDS, NORTH 82° 27' 51" EAST, A DISTANCE OF 90.74 FEET TO THE EAST LINE OF THE WEST 300.00 FEET OF SAID NORTH HALF; THENCE CONTINUING IN A NORTHERLY DIRECTION ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTH HALF, NORTH 00° 11' 28" WEST A DISTANCE OF 155.00 FEET; THENCE LEAVING SAID LINE, NORTH 26° 19' 47" WEST A DISTANCE OF 204.29 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE WEST 210.00 FEET OF SAID NORTH HALF AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE CONTINUING IN A SOUTHERLY DIRECTIONAL ALONG THE EASTERLY UNE OF SAID LAND, SOUTH 00° 11' 28" EAST A DISTANCE OF 349.99 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 21, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 30; THENCE ALONG THE NORTHERLY UNE OF SECTION 30, SOUTH 82° 27' 51" WEST, 1,647.00 FEET; THENCE SOUTH 2° 15' 09" EAST 572.10 FEET; THENCE NORTH 86° 41' 50" EAST 1,640.28 FEET TO THE EASTERLY LINE OF SECTION 30; THENCE NORTH 2° 15' 09" WEST 693.69 FEET TO THE POINT OF BEGINNING.