Covenant Regarding Real Property 2018-0149859RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
275-352-04
DOC# 2018-0149859
111111 IIIII IIIII IIIII IIIc 111111 11111 11111 11111 11111 11111 11111 llil 1111
Apr 16, 2018 01:14 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $92.00 (SB2 Atkins: $75.00)
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES:2
Philip and Judith LaBarbera ("OWNER" hereinafter), are the owners of real property commonly
known as 12834 Indian Trail Road ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval
of Building Permits B17-0997 and B18-0377, two requests to construct separate detached non -
habitable, accessory structures at the above -referenced property by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees that the detached non -habitable accessory structures shall never
be used as habitable space; shall not have complete kitchen facilities, heating, or air conditioning; and
the non -habitable structures shall never be rented or leased as a separate units.
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 structures 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 OR AUTHORIZED AGENT:
Dated: q-16- 2 o 1 $ C J. L0- K,c� _
Judith LaBarbera (Notarize)
/ CITY OF P AY:
Dated: �Z !� By:
o ert J. Manis, irector fve pment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
.ate .m .aGs\tm<.mtmt.m .m<.mtmCM.m<,at a•. .m<.dticiLrsuF.� .mN{\t!:\ :iK� 2<2Gcft3.C/3vM.ai.c� .av/avaL.a.L<3 n
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 San Diego )
On , 11, 2 1 1 b 1 02o I S( before me, Yvonne Mannion Notary Public
,,1 Date Here Insert Name and Title of the Officer
personally appeared ) L-0 7T. " 9&r berA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public - California
San Diego County
Commission Y 2201766
My Comm. Expires Jun 18, 2021
Place Notary Seal Above
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.
SignatureW cA_--k -,.f,',,}
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 Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
LS'✓� +!<`.4'✓ ai'v5'a5'✓✓G'✓'r� V4'v _ \vG\ <'✓ ✓ ✓G'�
0 1 . . . . . . • •V :11 • :Iltl . •1