Covenant Regarding Real Property 2013-0612778D o C # 2013-0612778
III I I I I II I IIII II I II I 1111111111111111111111 II
RECORDING, REQUEST BY: ) OCT 10, 2013 10:27 AM
CITY OFPOWAY OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) Ip,M� Ernest J. Dronenburg,Jr., COUNTY RECORDER
INN�� FEES: 22.00
CITY CLERK ) PAGES: 3
CITY OF AY
O BOX 789
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POWAY CA 92074 -0789 )
(This space. for Recorder's Use)
APN: 317- 122 -79
COVENANT REGARDING REAL PROPERTY
Joel Peavy and Rayni Peavy, husband and wife as joint tenants, ( "OWNER" hereinafter) are
the owners of real property commonly known as 13601 Melissa Lane ( "PRO PERTY. 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 accessory
structure, 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: h9—q-/3
\ )Joel Peevyr�PGotorize)
Dated: 1J
Rayni Peavy (Notorize)
CITY OF POWAY:
Dated: I By:
obert J. Min i s
irector of Development
15-083
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California I
County of �Si1�c/ .��I l7
On OCIPAW 4, ZNabefore me, � Y/, 6 /S Nz4m�
Owe / Here Insert Name a d Title of the Officer
personally appeared 1JLIC a r G/7v/ /f/" o
Names) of Signeris)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowled ed to me that
ks'?Wthey executed the same in �is/h�6r(their authorized
capacity(ies), and that by ),1(s*r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
PHYLLIS - - - S- which the person(s) acted, executed the instrument.
Commission *1956215
OMY Notar y Pubiic - Calitornla z I certify under PENALTY OF PERJURY under the laws
Z sari Diego County ' of the State of California that the foregoing paragraph is
Comm. Expires Nov 9, 2015 true and correct.
WITNESS my handla rid officials I.
Place Notary Seal Above Signature Signature of Notary PuLNic
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 D,gcun
Title or Type of Document: l70
Document Date: G
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
ZIP/.
Number of Pages:
M
Signer's Name:
Signer's Name:
• Individual
❑ Individual
• Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑.Limited ❑ General _ _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Attorney in Fact
❑ Trustee Top of thumb here
El Trustee
Top of Thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association• 93501 Soto Ave., RoBox 2402• Chatsworth, CA 81313- 2402•w NationalNotarvorg Item N5en7 Reorder: Call Toll -Free 1E 87Po-8827
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 comer of the Northeast quarter of the Northeast quarter of Section 13; thence along the Westerly line
thereof North 02 deg.5l'20 East, 337:77 feet; -thence South 88 deg.51'30" East, 995:15 feet; thence North O1 deg.08130 East, 172.00
feet, more or less, to the Northwest comer of land as deeded to Sydney T. Anderson by document Recorded July 15, 1959 in Book
7771,.Page 155 of Official Records, said Northwest comer being the true point of beginning; thence retracting South Oldeg.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
beginning.
Excepting therefrom that portion of said Northeast quarter of the Northeast quarter described as follows;
Commencing at the Southwest comer 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 0Ldeg.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, 1959 in Book 7771, Page 155
of Official Records; thence retracing South 01deg.08'30" 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.58139" 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
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 Northeast quarter of Section 13; thence 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 01deg.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, 1959 in Book 7771, Page 155
of Official Records; thence retracing South 0.1 deg.08'W' 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 hue 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' 17" West, 103.13 feet; thence South 41 deg* 15'37"
West, 48.00 feet; thence South 42 deg.49'48" West, 63.10 feet to the true point of beginning. .
Parcel 3:
Easement Parcels 1 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 1 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.California,.according to Officiat.Plat thereof being more particularly described on record.of Survey No. 3485, as
easements reserved for road.