Covenant Regarding Real Property 2008-0295469
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DI# 2008-0295469 I
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RECORDING REQUEST BY :Jp JUN 02, 2008 3'16 PM
CITY OF POWAY ) ICon I]FFICI,.::..L FIEUJF:[I')
) ",oJI ['IEGO COUNT', F1ECORDEF:":, "'FFWE
WHEN RECORDED MAIL TO: ) CiF:ECiOR"1 ,I ~,MITH UJur'jT'r RECOF:[IER
) FEE', BUD
CITY CLERK ) PAGES: 2
CITY OF POWAY )
POBOX 789 ) 1I111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789 )
(This space for Recorder's Use)
APN: 275-800-15
COVENANT REGARDING REAL PROPERTY
Douglas T Peart and Nancy C Peart, Co-Trustees of the Peart Revocable Living Trust
dated 11-24-03 ("OWNERS" hereinafter), are the owners of real property commonly known as
13551 Summit Circle ("PROPERTY" hereinafter), and more fully described as.
Lot 6 of City of Poway Tract 85-03 (Green Valley Summit Unit 1) in the City of
Poway, County of San Diego, State of California, according to Map thereof No
11974, filed in the Office of the County Recorder of San Diego, December 11, 1987
In consideration of the approval of a Building Permit to construct a 494-square-foot,
detached pool house on the above-referenced property by the City of Poway ("CITY" hereinafter),
OWNERS hereby agree that the detached pool 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 is permitted in the pool house wet bar area.
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 performance of this
Covenant the right t en~ this Covenant against tme OWNE
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Dated: ' - 0 -' ~.. ~
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Dated:
Dated: 5l51()~
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C4L1FORNIA ALL.PURPOSE ACKNOWLEDGMENT ,
~~~~~~~r.:<i&~~.&'~~
State of California }
County of San Diego
On /J1;; flI, Zf) f) ~ before me, Phyllis Shinn, Notary Public
Dale fJ;; "'Iere Insert Name and Tille of the Qllicer
personally appeared j IA~LA'6 r .;:tAl!;r /f",vll
;!I,4tf/cY f. Ic~ N,m"'joISig,,,,'j
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
re':':=~";:l ~Sj(eJthey executed the same in ~heir authorized
capacity(ies), and that by t)(s/t}6rJtheir signature(s) on the
instrument the person(s), or the entity upon behalf of
I Notary PulIIlc . C:CIIlIoInIa I which the person(s) acted, executed the instrument.
. Ian DIego C:CMlIlIy .
I___._~~,~ 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 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 (f)/OV//;V-r cti,,1-r:J/)I/V'b?m L -;J~C7<-ry
Document Date ~ ~ 2- {) D F 'Number of Pages /
Srgner(s) Other Than Named Abo:e: RO~cnT J, JlYl-q/l/1..5
Capaclty(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Ofticer - Title(s): o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General RIGHHHUMBPRINlj o Partner - 0 Limited D General RIGHTjTHUMBPRINlj
o Attorney in Fact ~ . DESIGNER:'- '- o Attorney in Fact i:.. OFS(GNER. _
o Trustee Top of thumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' OOthe,'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~~~~~~,~~~'3lV~~~~~~~~~
C2007 Nalional Notary Association. 9350 De Solo Ave., PO, Box 2402 oChalsworth, CA 9'1313.:?402~Www.NalionaINOlary,org Item #5907 Reorc!er:CaUToli.Free 1.000.876.6827