Covenant Regarding Real Property 2014-0506479Mrk`rs Me REQUEST BY:
Cityge
F� DEC 10 f6TY OF POWAY
WHEN RECORDED MAIL TO:
C -,CJTY OF POWAY
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 321 - 230 -93
D a C # 2014-0506479
II I II 11111111111111111111111111111111111111111111111111111 I II
NOV 20, 2014 8:36 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
Cheryl Bryan, a married woman as her sole and separate property, and Jeniffer Eisenbise, a
married woman as her sole and separate property, all as joint tenants ( "OWNER" hereinafter), are the
owners of real property commonly known as 14485 Carlson Court, Poway, CA 92064 ( "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(C)3 and in consideration of the
approval of Building Permit 14 -1165 , 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, accessory
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.
OWNER
Dated: 11 / 7 / I Y
Cheryl Bryan ( Notarize)
Dated: t 1 n� C.
Jenlffer Eisenbise (Notarize)
CITY OF PO AY:
Dated: l0 By: k/J. , 11,
Rbliert J. Manis Direct 91, o Devel pment Services
1,/
�U:
ACKNOWLEDGMENT
State of California
County of S&ri 1'-Q 0 )
On (7dy, -7f , % IL{ before me, LtL4 W Y , 6 q!i Lq 'rc
(ins rt name and title�of Icer)
personally appeared u 1 Cfy I &�jun 52,J J'tn i f cr , Si cr h
who proved to me on the basis of'satisfactory evidence to be the persons) whose name(s) j6/are
subscribed to the within instrument and acknowledged to me that he/eMeAhey executed the same in
hiohiw /their authorized capacity(ies), and that by his/+ler /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 hand and official seal.
Signature ID I`h I Lt'
(Seal)
LORYLORD
U � COMM. #2074381
Q r NOTARY PUBUC- CALIFORNIA L)
SAN DIEGO COUNTY n
v COMA. EXPIRES AUG 9, 2018 "
Exhibit "A"
Legal Description
A.P.N.: 321 - 230 -93 -00
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1:
THE EASTERLY 300.00 FEET OF THE WESTERLY 500.00 FEET OF THE NORTHERLY 220.00 FEET OF THE
SOUTHERLY 880.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY.
PARCEL 2:
EASEMENT FROM INGRESS AND EGRESS, PUBLIC UTILITIES AND INCIDENTAL PURPOSES OVER THOSE
PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP
14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY MORE
PARTICULARLY DESCRIBED AS EASEMENT PARCELS "A ", "B ", "C" AND "D" AS FOLLOWS:
EASEMENT PARCEL "A ":
THE NORTHERLY 30.00 FEET, THE SOUTHERLY 30.00 FEET AND THE EASTERLY 50.00 FEET OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6.
EASEMENT PARCEL 'B ":
THE NORTHERLY 60.00 FEET OF THE SOUTHERLY 470.00 OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 6.
EXCEPTING THE EASTERLY 50.00 FEET THEREOF.
EASEMENT PARCEL "C ":
THE NORTHERLY 60.00 FEET OF THE SOUTHERLY 910.00 FEET OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 6.
EXCEPTING THE EASTERLY 50.00 FEET THEREOF.
ALSO, EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREIN ABOVE DESCRIBED.
Drv- 4512908 1 of 2
EASEMENT PARCEL "D ":
THE EASTERLY 60.00 OF THE WESTERLY 730.00 FEET OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 6.
EXCEPTING THOSE PORTIONS LYING WITHIN EASEMENT PARCELS "A ", "B ", AND "C" HEREINABOVE.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS, PRIVATE AND PUBLIC UTILITIES AND INCIDENTAL
PURPOSES THRU AND OVER A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 6, TOWNSHIP 14 SOUTH 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 6; THENCE SOUTH 00 °08'03" WEST 396.84 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00 °08'03" WEST 20.00 FEET; THENCE NORTH 89 051'57"
WEST 220.00 FEET; THENCE NORTH 00 °08'03" EAST 20.00 FEET; THENCE SOUTH 89 °51'57" EAST
220.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
AN EASEMENT FOR INGRESS AND EGRESS, PRIVATE AND PUBLIC UTILITIES AND INCIDENTAL
PURPOSES THRU AND OVER A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 6; THENCE SOUTH 00 108'03" WEST 416.84 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00 °08'03" WEST 76.46 FEET; THENCE NORTH 89 °51'57
WEST 20.00 FEET; THENCE NORTH 00 108'03" EAST FEET 76.46 FEET; THENCE SOUTH 89 °51'57" EAST
20.00 FEET TO THE TRUE POINT OF BEGINNING.
DIV- 4512808 2 of 2