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Covenant Regarding Real Property 2013-0591435RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: `Fg �%� CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 321 - 350 -10 D 0 C # 2013-0591435 1Ili111111111111111111 1111111IIIII1111111111111111111III SEP 27, 2013 2:31 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES: 3 COVENANT REGARDING REAL PROPERTY Cesar Garlejo and Josefina Lao Garlejo, husband and wife, as joint tenants, ( "OWNER" hereinafter) are the owners of real property commonly known as 13903 Calvary Road ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of a Building Permit to construct a detached accessory structure at the above - referenced property by the City of Poway ( "CITY hereinafter), OWNER hereby agrees that the non - habitable accessory structure shall never be converted to living space without first obtaining approval and appropriate permits from CITY, that the accessory structure shall never be rented or leased as a separate unit, and no gas line and /or 220 ampere electrical service shall be installed. This Covenant shall run with the land and be binding upon and inure to the benefit of 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 is required to incur costs 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: ? - A 3- ;;�v /3 G'P �y �� - Cesar GW ejo (N orize) Dated: sefina Lao Garlejo (Motorize) �y CITY OF POWAY: Dated: �a �3 By: /A��) Robert J. Vanis Director of Developm Services j CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of _S�.f�.�) /� 6.0 I On-_ ' / `/I'&xozgy -fore me, G / Data personally appeared UZ715141e p PHYLLIS SHINN Commission • 1956215 LONlyNotary Public - California z San Diego County ' Comm. Expires Nov 9, 2015 Place Notary Seal Above Name(a) of Signer(S) LlC- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )4(are subscribed to the within instrument and acknowled ed to me that 1)4/s)k/they executed the same in Vis/hhfftheir authorized capacity(ies), and that by bt�/their signature(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 VP official seal.' I_ - Signature Signature o NMary Public OPTIONAL L21 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 Title or Type of Document: Document Date:.SEo�iE7? Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General _ _ El Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGRTTHOMRPRINT ''OF SIGNER 02007National Notary Assooafion- 93SODe Soto AV.,FO.e 2442 -Cha6 M,CA91 31 3- 2402 -w ..Natl IN=ry.org Item #5907 Reorder Call Toll -Free l- 1100 -Ei7 27 Exhibit "A" Parcel 1: That portion of the Northeast quarter of the Northeast quarter Section 13, Township 14 South, range 2 West, San Bernardino meridian, in the County of San Diego, State of California, according to the Official: Plat thereof, described as follows: Commencing at the Southwest corner of the Northeast quarter of the Northeast quarter of Section 13; thence along the Westerly line thereof North 02 deg.51'20 East, 33277 feet;:thence South 88 deg.51'30" East, 995.15'feet; thence North 01 deg.08'30 East; 172.00 feet, more or less, to the Northwest comer of land as deeded to Sydney T. Anderson by document Recorded July 15, 195 9 in Book 7771, Page 155 of Official Records,,said Northwest comer being the true point of beginning;, thence retracting South O1deg.08'30" West, 188;00 feet; thence South 88 deg.51'30 East, 75.00 feet; thence North 32 deg.43' 16" East, 220 feet; more or less, to the Northerly line of said Anderson Land; thence along said Northerly line North 88 deg.51'30" West,. 190.00 feet to the true point of Wig• Excepting therefrom that portion of said•N6rtheast quarter of the Northeast quarter described as follows; Commencing at the Southwest coma. of the Northeast quarter of Section 13; thence along the Westerly line thereof; North 02deg.51'20" East, 337.77 feet; thence South-88 deg.51'30" East, 995.15 feet; thence North O1.deg.08'30" East, 172.00 feet, more or less, to the Northwest coma of land as deeded to Sydney T. Anderson byDocument recorded July 15, 1959 in Book 7771;; Page 155 of Official. Records; thence retracing South 01'deg.0830" West, 188.00 feet to the true point of beginning;. thence South 88'deg.31'30' East, 75.00 feet; thence,North 32, deg.43'16'East, 9.45 feet; thence North 88deg.58'39 West, 79.95 feet to the intersection with the Westerly line of said Anderson's property;, thence along said Westerly line South Ol deg.08'30" West, 9.00 feet to the true point of beginning- Parcel 2: That portion of the Northeast quarter of the Northeast quarter of Section 13, Township 14 South, Range 2 West, in the County of San Diego, State of California, according to Official Plat thereof described as follows: Commencing at the Southwest comer of the, quarter of Section 13; th ence`along'the Westerly line thereof North 02 deg.51'20" East, 337.77 feet; thence South 88 deg.51'30" East, 995.15 feet; thence North O1deg.08'30' East, 172.00 - .feet, more or less, to the Northwest comer of land as'deededto Sydney T. Anderson by document recorded July 15, 1959 in Book 7771, Page 155 of Official Records; thence retracing South Ol deg.08'30" West, 188.00 feet; thence South 88 deg.51'30" East, 75.00 feet; thence North 32 deg.43'16" East, 9.45 feet to the true point of beginning; thence continuing North 32 deg.43'16" East, 211.10, feet to the intersection with the Northerly line of said Anderson Land; thence South 22deg:33' 1 T' West, 103.13 feet; thence South 41 deg. 15'3 T' West, 48.00 feet; thence South 42deg.49'48" West, 63.10 feet to the true point of beginning. Parcel 3 Easement Parcels I to 3 inclusive, as granted to claim g. Burial, el ux, by deed Recorded January 12, 1955 in Book 5493, Page 470 of Official Records said easement shall be for the benefit of all present and future_ owners and appurtenant to any portion - or.portions of Lot 1, Section 18, Township 14 South; Range; l West, Lot 4, Section 7, Township 14 South, range 1 West and Northeast quarter of the Northeast quarter of Section 13, Township 14. South, `Range 2 West, San Bernardino Meridian, all being in'the County of san Diego, State,of Califomia, according to Official Plat thereof being more particularly described on record of Survey No. 3485, as easements reserved for road . .