Covenant Regarding Real Property 2008-0299010
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-- '"' . 2008-029901 0 I
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RECORDING REQUEST BY )
~ ) JUN 03. 2008 3'17 PM
CITY OF POWA Y )
) UFFICI,I.l,L REC[lF:[I~t
WHEN RECORDED MAIL TO' ) ',,'"I'I [qE'~D CDUIH', RECDF:[H:", DFFICE
I~REGDF:', ., SMITH CDUIH', F:ECDm'EF:
,rf ) FEE'; 1 J 00
CITY CLERK ) PAGES: 2
CITY OF POWA Y )
POBOX 789 ) I~OO~I~~~~~~~~~~m~ I
POWAY CA 92074-0789 )
9110 (This space for Recorder's Use)
APN: 321-070-42
COVENANT REGARDING REAL PROPERTY
Randey Carl Smith and Patricia Ann Smith, husband and wife as joint tenants ("OWNERS"
hereinafter), are the owners of real property commonly known as 15005 Vali Hai Road
("PROPERTY" hereinafter), and more fully described as:
That portion of Lot 3 in Section 5, Township 14 South, Range 1 West, San Bernardino
Base and Meridian, in the City of Poway, County of San Diego, State of California,
according to United States Government Survey approved February 24, 1876
In consideration of the approval of a Building Permit to construct a 744-square-foot,
detached guest house on the abovecreferenced property by the City of Poway ("CITY" hereinafter),
OWNERS hereby agree that the detached guest house shall never be rented or leased as a
separate unit; no complete kitchen facilities shall be installed; and no gas connection or 220V
electricity will 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.
In the event that a Building Permit is never obtained to construct the proposed detached
pool house 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 entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party The CITY may assign to persons impacted by the performance of this
Covenantthe right to enforce this Covenant against the OWNERS
Dated (; h3 / HOO ~(k1~
/ / l::!.ey rl Smith &'
Dated 2f 7/?I-wo g
{ (:J~,,^ a~ It )
I \.Patricia Ann Srriith
Dated: s!J,3ID?(
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D3~000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9111
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State of California ~
County of f7 tU~ l)le~D
onM ~17-DD ~ befo!e me,
Date
personally appeared
e.~~~;l who proved to me on the basis of satisfactory evidence to
be the person(s1'Whose nameE5r~ubscribed to the
within ~ment and acknowledged to me that
I NoIarv PIIbIIc - Call1orrila I heIsAe/t e ecuted the same in hisfAer~aufhorized
I' ~ Ian Dlegocounty - capaci~, and that by-llis!A€r/@ignaturE@J) on the
_ _ _._ _~:Il:~__Dec25.2011 , instrumen the persolilG), or the entity upon behalf of
------ -- which the persor@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.
Place Notary Seal Above Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to p~rsonsrelying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of AttaChe~ocument GlC}ttv~~ (lQaQ ?m()Q !\~
Title or Type of Document: ~Q~(Ul\,b
Document Date: 5!llJ O?S Number of Pages: \
Signer(s) Other Than Named Above: (LoheAA: (J 1hf1A1/ S
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer - Tltle(s): D Corporate Officer - Tille(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney in Fact . D Attorney in Fact .
D Trustee Top of thumb here D Trustee Top of thumb here
o Guardi~n or ,Conservator D Guardian or Conservator
D Other' DOther'
Signer Is Representing: Signer Is Representing:
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@2Q07Natlonal Notary Association' 9350 De Soto Ave., P.O. Box 2402 .Chatsworth. CA 91313.2402' wWw.NationaINolary.org Item #5907 Reorder: Call Toll Free 1 800-876-6827
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