Covenant Regarding Real Property 2015-0429180RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 314 - 193 -47
DOC# 2015 - 0429180
111111 VIII VIII VIII IIII Illill 11111 11111 11111 11111 11111 11111 1111 1111
Aug 13, 2015 09:45 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $1800
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES 2
Mark and Terri A. Wery ( "OWNER" hereinafter), are the owners of real property commonly known
as 14203 Midland Road ( "PROPERTY hereinafter) and more fully described as:
Lot 3 of City of Poway Tract 04 -04, in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 15602, filed in the Office of the County Recorder of
San Diego County, September 10, 2007.
Pursuant to Poway Municipal Code Sections 17.08.180(B)6 and 17.08.180(C)3, and in
consideration of the approval of Building Permit B14 -1117, a request to construct a detached, two -story,
1,632- square -foot accessory building consisting of a garage /non - habitable area measuring 884 square
feet and a 2ntl -story guest house /habitable area measuring 748 square feet at the above - referenced
property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached accessory
building shall never have complete kitchen facilities installed and will not be rented or leased as a
separate unit; and the non - habitable portion of the detached accessory building shall not be used as
habitable space and shall not have heating or air conditioning.
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
accessory building at the request of the OWNER, the CITY shall expunge this Covenant from the record
title of the PROPERTY.
If either party i s
party shall be entitled
other party.
Dated: I
Dated: U I
Dated:
required to incur costs to enforce the provisions of this Covenant, the prevailing
to full reimbursement of all costs, including reasonable attorneys' fees, from the
es
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
iPs:L'- - - - - - a�ars�, �c� .;:�,ae,�cax�cssses��s:s€s•�r��
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
CoLm of �*W/ (9
On (!ST Zo /✓ before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signers)
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 WsWhey executed the same in
bfs/h* their authorized capacity(ies), and that by f>i6 hW 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.
PHYLLIS fi- - WITNESS my hand and official seal.
Commissions 1956215 9
Z v Notary Public - California i
San Expires County Signature Si nature of Nota Public
M Comm. Expires Nov 9.2015 9 rY
Place Notary Seal Above
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 DocumW
Title or Type of Document: Document Date:,46 twP- �
Number of Pages: Signer(s) Other Than Named Above: _RMi5k r J•
Capacity(es) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee [I Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title #
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is
Representing:
02014 National Notary Association • www.Nationa]Notary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907