Covenant Regarding Real Property 2015-0221673RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN'S: 321 - 210 -36 (Parcel A) and 321- 210 -71 (Parcel B)
DOC# 2015 - 0221673
1 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
May 05, 2015 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $24.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Herbert H. Perico, ( "OWNER" hereinafter), is the owner of real property commonly known as
14238 Espola Road ( "PARCEL A" hereinafter) and an adjoining vacant property ( "PARCEL B"
hereinafter) located on Mountain Road and more fully described in the legal descriptions attached
hereto as Exhibit A and Exhibit B, respectively, and made a part hereof.
In consideration of Building Permit B15 -0158 to construct a non - habitable storage building on
PARCEL B by the City of Poway ( "CITY" hereinafter), OWNER hereby acknowledges that the
non - habitable storage building on PARCEL B as shown on the site plan for B15 -0158 on file at the
CITY is an accessory building to the residence on PARCEL A. Furthermore, OWNER hereby agrees
that the non - habitable storage building shall never be used as habitable space; shall not have kitchen
facilities, heating or air conditioning; and the non - habitable structure shall never be rented or leased
as a separate unit. It is further agreed that PARCEL A and PARCEL B shall remain under the same
ownership (i.e., not separately owned) unless the non - habitable storage building has been removed to
the satisfaction of the Director of Development Services, or an MDRA and residential Building Permit
has been issued for PARCEL B.
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 non - habitable
storage building 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 al costs, including reasonable attorneys'
fees, from the other party.
OWNE
Dated:
CITY 7PAY:
Dated: By:
Ro rt J. Manis, irec of Dev lopment Services
15 -031
Exhibit A
The Westerly 326.52 feet of the South one -half of the Southwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 6, Township 14 South, Range 1 West, San Bernardino Base and Meridian,
in the County of San Diego, State of California according to United States Government Survey.
Excepting therefrom the Southerly 177.48 feet thereof.
Exhibit B
The land referred to in this Report is situated in the County of San Diego, State of California, and is described as follows
PARCEL 1:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 6 TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876.
FXCEPT14G THEREFROM THE WESTERLY 326.52 FEET AND THAT PORTION LYING EASTERLY OF THE
WESTERLY 495.08 FEET THEREOF.
SAID PROPERTY ALSO SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 13471, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 10, 1991 AS FILE NO. 91 - 525844 OF OFFICIAL RECORDS.
PARCEL 2
AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE SOUTHERLY 28.00 FEET OF THE
WESTERLY 326.52 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
FEBRUARY 24, 1876.
APN: 321- 211
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies 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
On Ad'QlL Z7 Z621✓ before me, Y /� LL�i �%� //�i� � Gf�GIc
Date i I/ _Here Insert Name and Title of the Officer
personally appeared
/C
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person04 whose name(,( is/ijbill(
subscribed to the within instni ent and acknowledged to me that he/s)Wt* executed the same In
his/h* /t6* authorized capacity(. ), and that by his/Wthblr signature(kon the instrument the person(41
or the entity upon behalf of which the person(,9,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.
PHYLLIS SHINN
Commission # 1956215
Notary Public - California i Signature
t' San Diego County -' ignature of Notary Public
My Comm. Expires Nov 9. 2015
Place Notary Seal Above
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Signer's Name:
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