Covenant Regarding Real Property 2015-0472759RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 275 - 791 -25
DOC# 2015- 0472759
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Sep 04, 2015 02:52 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. 818.00
PAGES 2
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
James V. Kelly, Trustee of the James V. Kelly Living Trust dated January 30, 2004 ( "OWNER"
hereinafter), is the owner of real property commonly known as 13844 Sagewood Drive ( "PROPERTY
hereinafter) and more fully described as:
Parcel 51 as shown and delineated on Record of Survey Map No. 4253, in the City of
Poway, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, April 10, 1957. Excepting the Northerly 80 feet
measured at right angles. Pursuant to Certificate of Compliance recorded July 27, 1976
as File No. 76- 238193 of Official Records.
Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the
approval of Building Permit B15 -0673, 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: 2
Dated: o
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02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
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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 n\ )
County of 4f%✓ L/Z_6 O
On / /ul7�S� 7i�1� before me, C_
Date r i Here Insert Name and Title of the Officer
personally appeared U ;1�6 "
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name( is/aA
subscribed to the within instrument and acknowledged to me that he sD(e /t0 executed the same in
his/her /th* authorized capacity(i*, and that by his/t)Wtl)lAir signature(&n the instrument the person(
or the entity upon behalf of which the person(*.,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 SHINN WITNESS mZZL d OtfiClel S�
Commission * 7956215
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