Covenant Regarding Real Property 2013-0612779APN: 273 -900 -54 and 273 - 900 -55
MDRA 13 -013
COVENANT REGARDING REAL PROPERTY
A -3 Holdings, LLC, a California LLC ( "OWNER" hereinafter), is the owner of real property
located at 13354 Starmount Way ( "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 Minor Development Review Application 13 -013 to
construct a 4,800- square -foot, single- family residence and a 470- square -foot attached garage on the
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that any
.addition, whether attached or detached to the main structure, shall not exceed one - story or 731 feet
above Mean Sea Level (MSL).
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 structure 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: A-3 Holdings, LLC
Dated: By:
Brett Eugene Ames
Its: President
CITY OF POWAY: �1
Dated: /Q By: X4;Z1V /
ert J. Mani , Di4ectO of ev opment Services
M: \planning \oda \MDRASM13 \MDRA 13 -013 A -3 Holdings\bldg height cov.docx
13 -a79
D 0 C ## 2013-0612779
IIII I I III II I Ilf l II I I I II I I IIII III I I III
RECORDING REQUEST BY: )
1
OCT 10, 2013 10:27 AM
CITY OF POWAY
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) ^�!(. -
Ernest J. Dronenburg,Jr., COUNTY RECORDER
�. I
FEES: 22.00
CITY CLERK )
PAGES: 3
CITY OF POWAY )
X 9
II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
POWAY CA92074 -0789 )
(This space for Recorder's Use)
APN: 273 -900 -54 and 273 - 900 -55
MDRA 13 -013
COVENANT REGARDING REAL PROPERTY
A -3 Holdings, LLC, a California LLC ( "OWNER" hereinafter), is the owner of real property
located at 13354 Starmount Way ( "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 Minor Development Review Application 13 -013 to
construct a 4,800- square -foot, single- family residence and a 470- square -foot attached garage on the
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that any
.addition, whether attached or detached to the main structure, shall not exceed one - story or 731 feet
above Mean Sea Level (MSL).
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 structure 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: A-3 Holdings, LLC
Dated: By:
Brett Eugene Ames
Its: President
CITY OF POWAY: �1
Dated: /Q By: X4;Z1V /
ert J. Mani , Di4ectO of ev opment Services
M: \planning \oda \MDRASM13 \MDRA 13 -013 A -3 Holdings\bldg height cov.docx
13 -a79
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of'- %W./u� -0 // /� '�,n/,
On 3 ZO %� before me, �� L / H �✓/l% ��!%I6 T �dL I
Det HQre Irlee t Name a d Tire of me Officer '
personally appeared ✓5RE"TT 41,-u
PHYLLIS SHINN
CommleaIon 8 1956275
Notary PuDlk - California
San Diego County
M OOmm. Expires Nov 9, 2015 r
who proved to me on.the basis of satisfactory evidence to
be the person(Wwhose nameKis/q>�. subscribed to the
within instrument and acknowledged to me that
he /S*//t*, . executed the same in hisgI 6r/th�4�authorized
capacity(Ii), and that by his /l*/&* signature(,6,on the
instrument the person(v�,-or the entity upon behalf of
which the person(4acted, 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 d official seal.
Signature
Place Notary Seal Above Signature of Notary Pul)llo
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 gecument
Title or Type of Document: l/.. o vi
Document Date: PG %OrBt-N -t 29
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Partner' — ❑ Limited El General
L1 Attorney in Fact
WOMEN
❑ 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:
02007 Natlanal Notary Aracclabon• 9350 De Soto Ave, P.0, Box 2402- Chatsworth, CA 91313- 2402 -w NmonalNotarvorg Item #5W7 Reorder:Cell Toll -Free 1800 -876 -6827
EXHIBIT A
LEGAL DESCRIPTION
Real properly in the City of Poway, County of San Diego, State of C:alifornia,.desaibed as follows:
THOSE PORTIONS OF LOTS15, 18,19 AND 20 OF.000NTY OF SAN DIEGO TRACT 3842 -1, IN
THE 01TY OF'POWAY,.000NTY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 9620, FILED IN THE OFFICE OFTHE;COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 15, 1980, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST` CORNER OF LOT 15 OF: SAID MAP NO. 9620; THENCE NORTH.
88040'58" WEST, 1.70 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY' AND HAVING A RADIUS OF 252. 000 FEET, THENCE NORTHWESTERLY, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°26'04 °, 28:30 FEET; THENCE
NORTH 10 019'02" EAST, 125.00 FEET, THENCE NORTH'6 628'42" WEST; 171.45 FEET, THENCE
NORTH 39°28'40" WEST, 132.07 FEET; THENCE NORTH 75°40'00" WEST, 166.50 FEET; THENCE
NORTH 67 631'56" EAST,, 234.99. FEET TO THE EAST LINE;OF SAID LOT 20; THENCE SOUTH
1 019'02" WEST ALONG THE EAST LINE OF SAID LOTS 20, 19, 18 AND 15, 639.58 FEET TO THE
POINT OF BEGINNING.
"EXC>� PTTINGTHEREFROM, AS MINERAL INTEREST AND NOT ASA ROYALTY INTEREST, ALL OIL,
GAS, HYDROCARBONS, MINERAL AND ASSOCfATED:SUBSTANCES IN, UNDER,'OR PRODUCED
AND,SAVED FROM SAID REAL PROPERTY, PROVIDED, HOWEVER, THAT THE GRANTOR DOES
NOT RESERVED AND HEREBY EXPRESSLY WAIVES, ANY RIGHT OF ENTRY ON, THE SURFACE OF
SAID TRACT FOR THE PURPOSE OF.REMOVING OR KMG SUCH SUBSTANCE."
APN: 273- 900 -54-00 AND 273- 900 -55-00