Covenant Regarding Real Property 2014-0447408APN: 323 - 180 -59
COVENANT REGARDING REAL PROPERTY
The Anthony J. Tait and Deborah R. Tait Living Trust dated March 12, 2013 ( "OWNER"
hereinafter), is the owner of real property commonly known as 14051 Earie Lane ( "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 B14 -1422, 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 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.
Dated: /0 •
Dated: /D — Z;/— 14
�7
Anth ny J. Tait, Tlrustee (Notarize)
lie— _�
Deborah R. Tait, Trustee (Notarize)
CITY OF P AY:
Dated: d / By:
Ro ert J. Manis, Dkecr&_oAievtP11ent Services
M:\planning\scott\covenants \Tait Non - Habitable Accessory Structure.docx
ly-077
a O C # 2014-0477408
IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII
RECORDING REQUEST BY: )
IIIII IIIII IIII IIII
NOV 03, 2014 3:57 PM
CITY OF POWAY )
OCOUNTY
SAN DIEGO RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) µ1
Ernest J. Dronenburg,Jr.. COUNTY RECORDER
FEES: 22.00
CITY CLERK )
PAGES: 3
CITY OF POWAY )
O BOX
III11111 Hill Hill Hill IIIIIIIIIIHill illHill Hill Hill IIII Hill Hill Hill 1111111111
POWAY A 92074 -0789)
(This space for Recorder's Use)
APN: 323 - 180 -59
COVENANT REGARDING REAL PROPERTY
The Anthony J. Tait and Deborah R. Tait Living Trust dated March 12, 2013 ( "OWNER"
hereinafter), is the owner of real property commonly known as 14051 Earie Lane ( "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 B14 -1422, 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 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.
Dated: /0 •
Dated: /D — Z;/— 14
�7
Anth ny J. Tait, Tlrustee (Notarize)
lie— _�
Deborah R. Tait, Trustee (Notarize)
CITY OF P AY:
Dated: d / By:
Ro ert J. Manis, Dkecr&_oAievtP11ent Services
M:\planning\scott\covenants \Tait Non - Habitable Accessory Structure.docx
ly-077
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
THE EASTERLY 247.5 FEET " EXCEPTBNG THE SOUTHERLY 132 FEET THEREOF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14
SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE NORTH 36 OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 18.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT TO
OTHERS OVER, UNDER, ALONG AND ACROSS THE EASTERLY 20 FEET OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 3:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT TO
OTHERS OVER, UNDER, ALONG AND ACROSS THE EASTERLY 20 FEET OF THE SOUTHERLY 132 FEET OF
THE EASTERLY 247.5 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876.
APN: 323 - 180 -59-00
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California /� l
County of cJ'�p
On Ld ZIPIV before me, 4yz z/f �
Hate - _ Here Ireert ame arM Title of the olacar
personally appeared
V,
., PHYLLIS SHINN
Commission N 1956215
Z= Notary Public - California i
= San Diego County n
M Comm. Expires Nov 9, 2015
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 acknowledged to me that
t)A #eAhey executed the same in Phi A*Aheir authorized
capacity(ies), and that by tyNQ*Aheir 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 han and official se
Signature �
Place Notary Seal Abme Signature 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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages: 2
k%AI %S
Signer's Nar
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUM IRINT
OF SIGNER
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