Covenant Regarding Real Property 2013-0740700RECORDING REQUEST BY: )
CITY OF POWAY )
WHEN RECORDED MAIL TO: )
CITY CLERK )
CITY OF POWAY )
P O BOX 789 ).
POWAY CA 92074 -0789 )
D O C # 201 3 - 0740700
1111111111111111111111111111111111111111111111111111111111111 IB I II I IN III
DEC 27, 2013 10:02 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 25.00
PAGES: 4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Leng Thai Ky and Stephanie Elizabeth Washburn Family Trust dated November 26', 2012,
and Gerald L. Washburn and Rebecca S. Washburn, husband and wife as joint tenants ( "OWNER"
hereinafter) are the owners of real property commonly known as 15725 Bowl Creek 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 an attached guest house at
the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby,agrees that
the guesthouse shall never have kitchen facilities installed and that the guest house will not be rented
or leased as a separate unit.
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,par ies.
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.
Dated: .12-12 11Z>'i3
Dated: f a( !
Dated: /9- % 1 l]
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Dated: /-� ,11' 3
OWNERS:
e (Notorize)
Washburn, Trustee
Gerald L. Washburn (Notorize)
1`.Q_.__._ .�o o51Q
.Rebecca S. Washburn (Notorize)
CITY OF P AY: '
ay:
ert J. Man"Id, Dire or f D velopment Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
--
County of 5l9 11 /V E) I FC-7 0
CIVIL CODE S 1189
On C• Z/ , /3'before me, �l %L�!% TAI H� SJnJ i lJd+ H "R �/ /0GfP>G
Date Here bra! Name aM Tilt of ma O er
personally appeared Lc /J C? 7-lgA k mo I Ai,,j 0
' N ts) of SlSnegs)
SPNAr) 1 E 62e 2,4 /ivy ItJASffPLc 2.tJ
who proved to me on the basis of satisfactory
evidence to be the persong whose narlas /are
subscribed to the within instrument and acknowledged
to me that hells#e /they executed the same in
his/her /their authorized capacity (O and that by
hisAier/their signatures' on the instrument the
persona or the entity upon behalf of which the
I D B I LDSDN person gacted, executed the instrument.
COMM. 4189P989
to Notary Public California z
San Diego County ° I certify under PENALTY OF PERJURY under the
My !;n mm Er Tres June' I laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: 1 )
Place Notary Seal Above Sl ,a, r l Pubfc
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 �Do�c�u�men�tA I n_i [ /� /J� "�
Title or Type of Document: n /"T P&o f-�/ Nc7 K `L�i l L_ -�4L ty6� t
Document Date:
Signer(s) Other Than Named Above: —
Capacity(ies) Claimed by Signer(s)
Signers Name:
l orporate Officer — Title(s)
dividual
!- Partner — ❑ Limited ❑ General Ton of tfaxnh here
F1 Attorney in Fact
Trustee
❑ 'Guardian or Conservator
v Other:.
Signer Is Representing:
Number of Pages: Z.
Signer's Name:
LJ Corporate Officer — Title(s):
G Individual
• Partner — u Limited O General Top of vwrn ttere
• Attorney in Fact
CL Trustee
Guardian or Conservator
C] Other:
Signer Is Representing:
Nctan Aaeccmtlon - Nat..1ti arv.orc • 1- 800 -US NOTARY 11 8W 876 -68271
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State of California
County of
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personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) /are subscribed to the
within instrument and acknowledged to me that
'R/s) 6/they executed the same in Vs*r/their authorized
capacity(ies), and that by Ns/*heir signature(s) on the
instrument the person(s), or the entity upon behalf of
PHYLLIS -SHINN which the person(s) acted, executed the instrument.
Commiasion- 1956215
- Notary Public - California z
Z San.Dlego County L 1 certify under PENALTY OF PERJURY under the laws
My Comm. Es lres Nov 9.2015 of the State of California that the foregoing paragraph is
true and correct.
WITNESS m�n nd official seal.
Signature
Place Notary Seal Abme Signature of Notary Public
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 totoGanother document.
Description of Attached/DQQQcun
Title or Type of D /('ent: l/E
Document Date: U CL
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Individual
O Corporate Officer — Title(s): —
❑ Partner — ❑ Limited ❑ General
0 Attorney:in Fact
O Guardian or Conservator
❑ Other:
Signer Is, Representing:
eZ09 /,-? Number of Pages:
Signer's Name:
❑ Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
O,Aftorhey in Fact,
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association- 9350 De SM Ave.. P.O. B. 2402• Chatsworth, CA 91313-2402• www.NatiormiNotary.org Item #5907 Reorder Cell Toll -Free 1- 800- 876E827
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EXHIBIT.A
For APN/Parcel ID(s): 275- 24038 -00
Parcel A:
Parcel 1 of Parcel Map No. 8808, in; the City of Poway, County of San Diego-, ,State of California, according
ffice
to Map thereof filed in the O of the County Recorder of San Diego County, June 15, 1979.
Reserving1herefrbWan easementand right ofway for road and utility purposes over that portion of said
land designated and delineated on said Parcel Map as Proposed Private Road and Utility Easement.
Parcel B:
right Y
and maintenance of of way for sewer and egress for road purposes and for the installation,; operation
ewer lines,, gas lines, electric lines and other utilities, above, beneath
.0 _.
,and on the surface of fhoseiportion "s of,Record of SurveyiNo:3843, lying wi0iin those areas'designated as
"Easement Reserved; for Road! on Record of Survey Map ;No.3843,'filed intne'Office of the,County
Recorder of San .Diego County, February 15, 1956.
Parcel C:
A mad and utility easement over that portion.of Parcel 58 of Record of,SuNey No. 3842, as shown as
Bowl,Creek Road on Parcel Map 8808,;in,the County . of San Diego, State of.Califomia, filed in'0re Office
-of" County Recorder of San Diego,County; in,the Book of Parcel Maps,.File No. 79- 248928 on June 15,
1979. Said easementwas conveyed by instrument recorded January'4, 1988 as File No. 8"01075,.
Offiaal- Records: