Covenant Regarding Real Property 2001-0832495
(
{it ~ ,....'RECO~DING,R!OQUEST.: ) DOC. 2001-0B32495
)
.. CITYOFPOWAY ) NOV 15, 2001 9:53 AM
WHE-N,.RECORDED MAIl. TO: ) OFFICIAL, RECORDS
)
) OOS'r1:9 SAN DIEGO CIlUHT:(RIDlRDER'S OFFICE
Cil'v'C'LERK ) GREGORY J.SMI1H;, COUNTY RECORDER
CITYOFPOWAY ) " FEES: ' 16.00
P 0 BOX'789 )
POWAY CA 92074-0789 )
)
,No Transfer Tax Due ) (This space' for R
fZ
, ~r COVENANT REGARDING REAL P~OPERTY
.
Brett Helm al]d Debor~h HelrTl' husband and ,wife as.jojnt tenants, Owners, ("OvvN!08S"
hereinafter).are the owners 'of land described in Exhibit.A which is attached hereto and made a
part hereof and which is coinmonlji'kilown as Assessor's, Parcel Number 273c101-09 located at
17791 Old Winery Court, Poway:CA ePROPERl)' hereinafter). In consideration ofa building
permit to construcLa 612 squa're~footguest house on the referenced property by the City of
Poway("CITY" hereinafter), OWNERS hereby' ?gr!,e th,fltQo portion of the guest house shall
ever be rented or leased as.aseparate unit and kitchen facilities shall never be installed,
.
This Covenant shall run with the land and be binding upon'.and inure to the benefit oUhe
future owners, encumbrance's, su'ccessors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event thilt building permits are never obtained to construct the proposed addition
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
pre\lailing party shalli:1e ~lJtitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party The CITY may assign to persons impacted by the
performa~ce of this Covenant the right to enforce this Covenant against OWNERS,
Dated: /t'llo 10, I3zar ilL
, , Brett Helm, Owner ' .-
Dated: /0/10/0 I ,~6n4.1t ItjJ4-t~
I I
Debora Helm,.Owner
CITY OF POWAY .
Dated: - 1/) It- ( 0 ( By' N~t ~~fDl - "S '
la ,. n z, Irec '0 eve opment' ervlces
C:\DA T A \Oda\guesi coy Helm.doc
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EXHIBIT A
Legal Description
LOT 9 OF THE CITY OF POWAYTRACT NO 88-11 IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12761,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 28, 1990
~
C.ApFORNIA ALL:PUR.E ACKNOWLEDGMENT .
005'721.
State of Ca.\iM>R.r,io...
County of So.... \) iP3n
On O~'o Q-r 10, doni before me, E,' (e. .-
Date , Name and Tille 6t Officer (e,g., Ja e Doe, Notary Public"
personally appeared i3~.Q-t1"' W.Q.LI'Y\ Q~O be.\lOl2.a.h . \-\l1.L~
Name(s) olSigner(s)
D personally known to me - OR - ~.proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)~are'subscribed to the within instrument
and acknowledgecl to me that ~they executed the
same in ilisfhefItheir authorized capacity(ies). and that by
~their signature(s),on the instrument the person(s),
~ - - - - ", ---- or the entity upon behalf of which the person(s) acted,
I. :i:=:,:, f executed the instrument.
NoIay~'-i;l WITNESS my hand and official seal.
Son DIego ~0UIlIf
~_. MYComm.Exp~APr7.21llN, C Ju ~01:Ls~~~"~_)
OPTIONAL
Though the information below is noUequired:6y law, it may prove valuablf? to persons re.fying 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:
D Individual D Individual
D Corporale Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney.in.Fact D Attorney-in.Fact
D Trustee D Trustee
D Guardian or Conservator D Guardian or Conservator
D Other' Top,Of IhUrllb tlerp D Other' Topol thumb here
Signer Is Representing: Signer Is Representing:
01994 National Notary Associalion. 8236 Remmel Ave P,O 'Bo( 7184' Canoga Park, CA 91309,7184 Prod. No. 5907 Reorcer: Call Toll-Free 1-800-876-6827
. l'
" . . .005722
r GOVERNMENT CODE 27361.7 II
,
I CERTIFY UNDEF,l PENALTY OF PERJURY TH/:\T THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: ~\~-?J-I. 'od-tl F l)f'Q(I
Commission Number: \ '2. Sl" ),,{ q Date Commission EXPires:Af'r.l,2.wLJ
County Where Bond is Filed: SCAlllJl~D
Manufacturer or Vendor Number: \J0 A \
(Located on both sides of the notary seal border)
~
Signature d..\~~. ~~?Q~b C~o~ P()0~
Firm ame (if applicabl )
Place of Execution ~"> D, 'f'~ () Date "-bJ. 15, ~OO I
R~c. Form #R 1 0 IRev 7/961