Covenant Regarding Real Property 2013-0257432 � � � � a� � ��a� �-������� .
RECORDING REQUEST BY: , I IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIII IIII
> APR 24, 2�13 4:50 PM
CITY OF POWAY ) {r.� 1 �S
) / , � OFFICIAL RECORDS � �
WMEN RECORDED MAIL TO: ) �� SAN DIEGO CDUNTY RECORDER'S OFFICE
� Emest J. D�onen6u�g,Jr..COUNTY RECORDER
CITY CLERK ) / //?J/J FEES: 22.00
CITY OF POWAY ) �-���/ PAGES: 3
P O BOX 789 > IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
POWAY CA 92074-0789 )
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APN: �277-230-07/MDRA��09-01�1 �
COVENANT REGARDING REAL PROPERTY
BBA Partners, LLC; a Delaware Limited liability Company, ("OWNER" hereinafter), is the
owne�of real:property commonly known as 14855 Sunset Ridge ("PROP.ERTY hereinafter), and more
fully described ircthe legal description attached hereto as Ezhibit "A" and made a part hereof.
In consideration of the approval of a,Building Permit to const�uct a 502-square-foot; detached
guesY house on the referenced property by the City of Poway ("CITY" hereinafter), OWNER• hereby
agrees tl5at the ,detacfied guest Fiouse .shall neve[ be rented or leased as a separate unit and no
complete kitchen facilities shall be'insfalled withouYfirst obtaining approval and appropriate pe�mits
from CITY.
This Covenant sHall`run with th2 land and be binding upcn and inure to 41�e benefit of th2 future —
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the eventthat a Building Permit is never obtained to construcf the proposed guest house at
the request of the OWNER, the CITY shall expunge tfiis Covenant from the reco�d title of tHe
PROPERTY.
If either party incurs costs as a result of filing a ciVil action to enforce the provisions of this
Govenant, the prevailing partyshall be entitled'to full reimbursement'of all costs, including reasonable
attorneys' fees, from the other party.
OWNE BBA Part ers, LL
c
Dated:
� � ary .. Sabin �
Dated: Manag
CITY OF WAY:
Dated`. � 11 1 '> By:
ert J. Ma ' , Dire or f D elopment Services
H:\Covenants\BBA Partners MDRA 09-011.docx � n /�^ /�
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ACKNOWLEDGMENT
1346Q
State of California
County of San Diego}ss.
On March 28, 2013 before me, Jennifer Sattley, Notary Public, personally appeared
Gary B. Sabin who: proved to me on the basis of' satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), ahd
that by his/heNtheir signatures(s) on the instrument the person(s), or the entity upon
behalf of which^the person(s) 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 hand and official seal. ._, �ENNIFER 3ATTLEY
•' COMM.#1808742 �n
y� Nbery.PuNlo-CelifOm4 �
SAN DIEGOAOUNTY�
Cann. .OCT 17 14.
� i
Si ture
(seal)
� EXHIBIT "A"
LEGAL DESCRIPTION '
The land referred to herein is situated in the State of California, County of San Diego, and describ d
�ronoWS: .� 34 6I
Parcel A:
Lot 7 of City of Poway Tentative Tract Map 02-02 (The Heights Subdivision),in the City of Poway,County
of San Diego;:State of California, according to map theTeof no. 15725, filed in the Office of,the'County
Recorder of Sand Diego County; October 28,2008.
Parcel B:
An easementand right of way for ingress and egress for road and public.utility purposes and appurtenances
thereto over;pnder;,along and across astrip of land 60.00'feefin width lying within the southwest quarter of
the southwesf quarterof secuonl7,the southeast quarter of the southeastquarter ofsection 18 and ttie
norttieast quarter of the northeast_quarter of section 19, al]'in township 13 south, range 1 west, San
Bemardino Base and Meridian,'inthe.Gounty of San Diego,State of Califomia, according to United?States
Goyernment Survey; the'center line of said 60.00 foot strip being described.as follows:
Gommencing at the southwest comer of said section 17 thence:along the southerly line ofsaid section 17,.
north 89°1 I'47"east, 819.65 feet to the true point of beginning; thence north 52°04'45" west, 126.25 feet;
thence north 72°24'22" west, 733.73.feet,to the easterlyline,of said secfion 18; thence along said easterly
Iine,north 00°19'23" west, 43.92°feet to the intersection with.a tangenb2Z0.00 ffiot radius curve concave
northwes[erly;thence southwesterly.along the azc of said curve ttuough a central angle.of 67°30'30'', a.
— - -distance of 318:00'feet; thence along a generally southwesterly direction to the existing traveled"county ioad
known as Old Coach Road as located on November 13, 1970.
Parcef Cc �
An easement for access and g@neral utilitypurposes over, under, alopg(and across LotB'.ofiCity of Poway
Tentative Tract Map 02-02(The Heights Subdivision),in the City of P.oway,Gounty of San:Diego, State of
Califomia, according to Map fhereofNo. 15725,filed in the office of the countyrecorder of San Diego
County, October 28, 2008.
(End of Legal Description)