Covenant Regarding Real Property 2014-0413327D O C ## 201 4 -041 3327
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RECORDING REQUEST BY: )
1
SEP 24, 2014 1:05 PM
CITY OF POWAY )
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: )
Ernest J. Dronenburg, Jr., COUNTY RECORDER
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FEES: 22.00
PAGES: 3
CITY CLERK )
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PIO BOX 789 AY 1
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POWAY CA 92074 -0789 )
1
(This space for Recorder's Use)
APN: 275 - 332 -32 -00
COVENANT REGARDING REAL PROPERTY
Gerry C. Schmelter and Cynthia B. Schmelter ( "OWNER" hereinafter), are the owners of real
property commonly known as 16548 Espola Road ( "PROPERTY hereinafter) and more fully in the
legal description attached hereto as Exhibit A and made a part hereof.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Building Permit 14 -0246, a request to construct a detached, non - habitable accessory
structure at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby
agrees that the detached, non - habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating or air conditioning; and the non - habitable structure
shall never 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 (attached,
detached) non - habitable 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: 4 _
Dated: 4 q Z `// I
Gerry C. Sc elter (N arize)
Dated:
yn is B. chmelter (Notarize)
CITY OF P WAY:
Dated: a By: 4,�jl'j "L
o ert J. Mani l, D' a or f Dev lopment Services
Exhibit A
LEGAL DESCRIPTION
Real property in the city of Poway, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 2S,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE NORTHEAST
QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHEAST
QUARTER, NORTH 880 58' WEST, A DISTANCE OF 1204.84 FEET; THENCE AT RIGHT ANGLES
TO SAID NORTH LINE SOUTH 010 02' WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 010 02' WEST, 229.00 FEET; THENCE NORTH 880 58' WEST,
137.07 FEET; THENCE NORTH 010 02' EAST, 229.00 FEET; THENCE SOUTH 880 SW EAST
PARALLEL WITH THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER A
DISTANCE OF 137.07 FEET TO THE TRUE POINT OF BEGINNING.
Am. 275 - 332 -32-W
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California /`�1 1
Countty- of✓�fj/I/ L /E4e I
On,,�77 1 M7C /9 Zdl before me, i YZ 115 Jfi //f/.f� �/�f%.+2Y�Ll.�L 1G
Date _ Here insert Name and Ttle M the officer
personally appeared V&AXY L - t%HrM N�n� 1o�senercel �Nn
Cxx�, e. S:�,N��2� -n
PHYLLIS SHINN
Commitalon N 1956215
v Notary Public - California i
Son Diego County '
M Comm. Ex rea Nov 9, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s))6/are subscribed to the
within instrument and acknowledged to me that
11(3/sflh/they executed the same in 1)*AiiW7their authorized
capacity(ies), and that by fji's/F ttheir 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 official seal.
Signature % ti^
SlgnaWre of Notary Pudic
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 nDocument
e
Title or Type of Document:
Document Date: / ?z / /Number of Pages:
Signer(s) Other Than Named Above: 9 4th J • / �`1/��.f
Capaclty(ies) Claimed by Signer(s)
Signer's Name: Signer's Nar
❑ Individual ❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUPo1 SPRINT
OF SIGNEH