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Covenant Regarding Real Property 2003-0299585 '0 - . '~i RECORDING REQUEST BA ) 135;.56 · 'DOC .200J-0299585 - ) ~MAR 18, 2003 11:09 AM CITY OF PO'f'lAY ) ) OFFICIAL RECORDS. WHEN RECORDED}MAIL TO: ) ., .SAN DIEGO lIIlJNTV RECORDER'S OFFICE ) IiREIiORV J. SIIITH. CllOOV RECORDER crrvcLERK ) FEES: 17.00 CITY'OFPOWAY ) - POBOX 789 ) ,r 1111111111111111111111111111111111111111111111111111111111III1I1111111 POWAY CA 92074-0789 ) ) , , 29.93-02~9585 .---- I~ No Transfer Tax Due ) (This space for Recorder's Use) ~f COVENANT REGARDING REAL PROPERTY Gr- Brian Bergmark and Cheryl Bergmark, husband and wife as Joint Tenants are the owners, ("OWNERS" hereinafter) of real property described in Exhibit "A" which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 275-292-05-00 located at 16327 Woodson view Road, Poway, CA ("PROPERTY hereinafter). In consideration of approval of a Building Permit to construct a 324-square-foot pool house on the referenced property by the City of Poway ("CITY" hereinafter), OWNERS hereby agree that no portion of Ihe pool house shall ever be rented or leased, as a separate unit and kilchen facilities shall never be installed. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, - !n the event that building permits are"never05fainedto construct the proposed adaHion'at"the- - -- request of the OWNERS, 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 entilled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party The CITY may assign 10 persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNERS. Dated: 'JIll//)3 .~~~ . , Brian B gmark, Owner Dated: 3//,/Q3 cC~ tJPy1J~A / ' C ryl Bergmark. Owner CITY OF POWAY Dated: )//7;; 3 By' ment Services C:\M y Oocumcnts\FO RMS\Cover1aI1 l.gucsthouse.smpl.doc ., I~Hq ca. (~(i . . 13557 . ", , " EXHIBIT A LEGAL DESCRIPTION LOT 125 OF GREEN VALLEY ESTATES UNIT NO 10, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 4182, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 20,1959 -,. , . 4 'C4LIFORNIA.ALL-PURP. ACKNOWLEDGMEN;T . .~ . ~ C A Q ,1-3558 State of ,0... \ "'nl Cl . County of \.~O(l Dl"c.gn onJf)^{~h 1\,c200~ before me. ,~\"\{?} L rf'lt\\d personally appeare:" OJ-It! 8 \ bev Q n{tAf!CCd ""e 01 OH,w log, J'" o~, NoI'~ Pobl,,') r~i1melsl of Slgr18r(s) o personally known to me - OR - ~oved to me on the basis of satisfactory evidence to be the person($) whose name(\il'is/are-subscribed to the within instrument and acknowledged to me that Relshe/tA€y-'executed the same in t;.B/her/theiM;uthorized capacity(iesj, and that by l1-ieIher/tlieif-signature(8j"on the instrument theperson~. Ifj- ~~.l or the entity upon behalf of which the persori(g) acted, executed the instrument. ~. NoIay I'lbIlc - Califania _ WITNESS my hand and official seal. ~ San DIego County l \\ij ~ MyCorrm. fxl:*eS No,Y~ 21m -- -- - -- -- -- -- - - -- -- ,- Though the information below is not reqUired bv taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - ..~- ,- - -- Title or Type of Document Document Date' Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer o Corporate Officer T'tle(sl. Title(s)' o Partner o Limited [] General o Partner.- 0 Limited 0 General o Atlorney'in,Fact o Attorney-in Fact iJ Trustee o Trustee o Guardian or Conservator o Guardi;," or Conservator . [] Other' o Other' Top 01 t~lur:lt) here . Signer Is Representing: Signer ts Representing: (;I , 994 National Notary As;;ocial on' 8236 Remmel Ave., P.O. ~0; 11 B,j ""O'!g.. Pilrk, CA 91309-7184 Prod. No. S90'J Reonl<:lI. C,lll Tol'.Free 1.800 876-6827 13559 "' ." : .ALL~IPUIRIPOSE ACKNOW.DGEMENT . State of California }ss. County of j~6(J,o On ~ !1I/q,A2 before me, ~ ~AtL13~~ I:-.I01i\RYI personally appeared 1\ personally known to me - OR- o 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 signatures(s) on the instrument the person(s), i ~ .,,"' "'"" ~ or the entity upon behalf of which the - Comm, 11285809 person(s) acted, executed the instrument rn I!S NOTARYPUBllC.CALlFOR.NIA (J) San DiegaCollnty - MyComm.hllires Nov. 30;20_0. ... ~ - - -- -- - - ' , .. ~. --- OPTIONAL INFORMATION The information below is not required by law However. it could prevent fraudulent attachment of this acknowl~ edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ~NDIVIDUAL CORPORATE OFFICER . TJTLEISI o PARTNER(S) o AITORNEY,IN,FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR DATE OF DOCUMENT o OTHER: OTHER . .i' SIGNER IS REPRESENTING RIGHT THUMBPRINT S NAME OF PERSON{SJ OR ENTITY(IES) " OF n j SIGNER "5 ~ ,0 APA 5199 VALLEY-SIERRA, 8CX)~362 3369