Covenant Regarding Real Property 2015-0090193RECORDING REQUEST BY:
VCITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 273 - 820 -05
DOC# 2015 - 0090193
I111111IIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIII
Feb 27, 2015 11:27 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $21.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
William G. Murray and Stacey L. Murray, husband and wife as joint tenants, ( "OWNER"
hereinafter), are the owners of real property commonly known as 16841 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 B13 -1446, 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: r? (1ct / 1
Dated: UIq.1 L,5—
Dated: 10
i .ixC7
CITY OF POWAY:
By: 1 .122
R bert J. Mani k, Di ec r o&Welopment Services
M :Xplanning\scottkovenants\Murray Non - Habitable Accessory Structure.dou
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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A notary public or other officer completing this certificate verities only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of 1AAt/ /`� O )
On Fft `4, ZIP VIJ before me, -111Y -11 l �JfV/it/Xl, /1/ITA�Py��IC_
!]ata 14am /mart Names and TTfla of tha rXflrar
L. �Lti
Names) of Signer(s)
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 Wq)(e /they executed the same in
hiliall r/their authorized capacity(ies), and that by P,tis/W/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
PHYLLIS SHINN
Commission # 1956215
i ,P Notary Public - California i
z San Diego County
Comm. Expires Nov 9, 2015
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docent -M
Title or Type of Document: (. d ✓ /it� Doct �ment Date: /t
Number of Pages: e- Signer(s) Other Than Named Above: KDBEX11__ J. i1�14_1
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Tdle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee F1 Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
EXHIBIT 'A'
All that certain real property situated in the County of SAN DIEGO, State of Califomia,
described as follows:
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF SAN DIEGO, CITY OF
POWAY, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOT I IN SECTION 26 AND THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH. RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 11N SECTION 26,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, AS SHOWN ON RECORD OF SURVEY MAP
NO. 6582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. MARCH 16, 1955: THENCE NORTH 88 °4559" WEST ALONG THE
NORTHERLY LINE OF SAID LOT I, A DISTANCE OF 330.00 FEET: THENCE SOUTH
01 01401" WEST, 1043.05 FEET TO A POINT HEREINAFTER REFERRED TO POINT
"A "; THENCE CONTINUING SOUTH 01 °14'01" WEST, 290.00 FEET TO THE
INTERSECTION WITH THE CENTER LINE OF THE 60.00 FOOT TRAVELED RIGHT
OF WAY ROAD PURPOSES AS SHOWN ON SAID RECORD OF SURVEY MAP NO.
3582; THENCE ALONG CENTER LINE SOUTH 88 °5656" EAST, 341.42 FEET TO THE
INTERSECTION WITH THE WEST LINE OF SAID SECTION 25, BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID CENTER
LINE, 145.00 FEET; THENCE NORTH 00 044'13" EAST. PARALLEL WITH THE
WESTERLY LINE OF SAID SECTION 25, A DISTANCE OF 290.00 FEET MORE OR
LESS, TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 88 °56156" EAST
FROM SAID POINT "A "; THENCE NORTH 86 °56'55" WEST. 145.00 FEET. MORE OR
LESS, TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 25;
THENCE CONTINUING NORTH 88 056'56" WEST, 30.00 FEET; THENCE SOUTH
00 °44T33" WEST, 290.00 FEET, TO A POINT ON THE CENTER LINE OF SAID 60.00
FOOT TRAVELED RIGHT OF WAY; THENCE ALONG SAID CENTER LINE SOUTH
89056'56" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 51.00 FEET THEREOF AS CONVEYED
TO THE CITY OF POWAY IN THAT CERTAIN DEED RECORDED SEPTEMBER 15,
1983 AS FILE NO. 83- 326984, OF OFFICIAL RECORDS.