Covenant Regarding Real Property 2014-0407799D O C # 2014-0407799
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RECORDING REQUEST BY: ► SEP 19, 2014 4:59 PM
CITY OF POWAY ) � OFFICIAL RECORDS
J
2 p SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 22.00
CITY CLERK ) (� / PAGES: 3
I0 BOX 789 AY
P ► 111111111111111111111111 IN
POWAY CA 92074 -0789 r
(This space for Recorder's Use)
APN: 317 - 241 -14
COVENANT REGARDING REAL PROPERTY
Simon Ortiz, Jr. and Kathy Meteraud Ortiz, husband and wife as joint tenants ( "OWNER"
hereinafter), are the owners of real property commonly known as 11960 Old Stone Road
( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit
A and made a part hereof.
Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the
approval of Building Permit B14 -0910, a request to construct a detached guest house at the above -
referenced property, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the
detached guest house shall never have complete kitchen facilities installed and 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 parties.
In the event that a Building Permit is never obtained to construct the proposed detached 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.
�n OWNER:
Dated: j �/� c.-
Sim9n Ortiz Jr. (Notarize)
Dated: - d -
Dated: i/J�v
Ortiz (Notarize)
CITY OF POWAY:
By: 1,4 4'. ", ?
o ert J. Mani , Direct r of & lopment Services
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Exhibit "A"
That portion of the West half of the Southwest Quarter of Section 23, Township 14 South, Range 2 West,
San Bemardino Base and Meridian, in the County of San Diego, State of Califomia, according to Official
Plat thereof. described as follows:
Commencing at a point on the Westerly line of said Section 23, distant thereon North 0 027'30" West,
622.91 feet from the Southwest comer thereof, said point being the Northwest comer of land described in
Deed to Rolando B. Mac Arthur, et ux, recorded June 17, 1995 in Book 5683, Page 697 of Official
Records; thence along said Westedy line South 0 027'30" East, 341.69 feet to the Southwest comer of
land described in Deed to E. D. Northrop, et ux, recorded June 25, 1926 in Book 1173, Page 414 of
Deeds, records of said San Diego County; thence along the Southerly line of said Northrop's land, North
89 042'00" East, 835.97 feet to the True Point of Beginning and being hereinafter referred to as point "A ";
thence North 39 012'24" West, 434.43 feet to an intersection with the Northerly line of said Mac Arthur's
land; thence along said Northedy line South 89 055'53" East, 170.00 feet to the Northeasterly comer
thereof, being a point on a line of Mission Road (40.00 feet wide) as shown on Map of Mission Road IA,
Sheet No. 13, San Diego, County Highway Commission, records of County Surveyor of said San Diego
County; thence along the Eastedy prolongation of the Northerly line of said Mac Arthur's land, South
89 055'53" East to the Southwestedy line of said Mission Road; thence Southeasterly along said
Southwesterly line to an intersection with the Easterly prolongation of the Southerly line of said Northrop's
land; thence along said prolongation and said Southerly line South 89 042'00" West, 288.31 feet to the
True Point of Beginning.
Excepting therefrom that portion lying Northwesterly of a line which intersects the Southwesterly line of
the above described property at a point distant therein South 39 012'24" East, 270.00 feet from the most
Westerly comer thereof and intersects the Northeasterly line of said land above described at a point
distant thereon 255.00 feet Southeasterly, measured there along from the Northeasterly comer thereof.
R R..RS..R...H...R<„ .R .A..R
State of California /\/ 1
County of �Ay 2I 4� �/ I
{116E)?II ZD/ y before me, 4YZ Z15�G-
Dma -T Here Irreert ame and rile of Me Officer
personally appeared
PHYLLIS SHINN
Commission M 1956215
_ + Notary Public - California i
San Dlspo County il
Comm. Expires Nov 9, 2015 r
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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
X /s* /they executed the same in r*/W/their authorized
capacity(ies), and that by rAMr/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 ha" and official se
Signature
signmure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying 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: i✓U//f /f/i9/s'/ A 9,iff /A'N 11 ?!r�
TiLUf G/!i/ Jam/
Document Date: /%�i49Q�3? r' �� Z(��� / Number of Pages:
Signer(s) Other Than Named Above: �T J • / , '9/y�s
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
_ ❑ Partner — 11 Limited �� General _
• - ❑ Attorney in Fact
Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 Nadwal Notary Amcialion•9350 De SMD Aw.,P..O. Box 2402•Chatmvorth, CA 9131324021w ..NationalNolary.org I1ama5907 Reorder Call Toll- Feel- 800-87MU7