Covenant Regarding Real Property 2009-0459558
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DOC # ~009-0459558
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RECORDING REQUESTED BY:
CITY OFPOWA Y
AUG 17, 2009
1 :40 PM
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
',;MI DIEGO COUNT'! RECORDEF:'S OFFICE
DAVID L, BUTLER, mUNTY F:ECORDER
FEES: nuo
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CITY CLERK
CITY OF POWAY
POBOX 789
POWA Y CA 92074-0789
PAGES: 2
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278-300-73
COVENANT REGARDING REAL PROPERTY
Thomas P. McCollum and Angela J. McCollum, husband and wife, as Community Property,
("OWNER" hereinafter), are the owners of real property commonly known as 15164 Oak Canyon
Road ("PROPERTY hereinafter), and more fully described as:
Parcel No. 2 of Parcel Map No. 11180, in the County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County on
April 9, 1981 as File No. 109265 of Official Records.
In consideration of approval by the City of Poway ("CITY" hereinafter) of a Building Permit
to construct a 1,107 -square-foot, detached, two-story structure consisting of a barn with a
bathroom and an attic storage space on the PROPERTY, OWNER hereby agrees that no portion
of the detached structure shall ever be rented or leased as a separate unit, that kitchen facilities
shall never be installed, and that no gas line and/or 220 ampere electrical service shall ever 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
garage 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. The CITY may assign to persons impacted by the performance of this
Covenant the right to enforce this Covenant against the OWNER,
Dated:
'3' -I it- -OGj
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Thomas P. McCollum
,^,,^ 11 J A (l JII t}o1J (vY'f-/
An~~ccoIIUr' . ,
CITY OF POWA Y:
Dated:
~-I~~09_
Dated:
6/lllocr
By:
Robert J. Manis, Director of Dev
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09- {)lor
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CALIFORNIA AlL"PURPOSE ACKNOWLEDGMENT
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County of San Diego
On t!;;6I1SnZ, W09 before me, Phyllis Shinn. Notary Public
personally ap;:'ared mOft1/16 /. /!/Z/}; /fA4 ;;"4"'j:7u..~hcDLL w H1
Name(s)otSigner(s)
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State of California
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s. NotOryPutlllc, , . C, aIIflImIo I
I 'eon DIOgO Caunly .
J. _ _ _ _ .'t_wr~~
who"proved to me on the basis of satisfactory evidence ,to
be the person(s) whose name(s) ~are subscribed to ,the
within instrument and acknowfedged to me that
l)W$eJthey exec'!ted the sarpe in I'jIsih)Wthelr :authorized
capacity(ies), and ,that by l)iGI~their signature(s) on the
instrument the persoh(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the lal/ls
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signature
OPTIONAL
Though the'rnformation 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 ot Document: (!.(}j/f-/II/I/!/T kE t;~d//'/6 Kt/'rL- ~DPc.~TY
Document Date: /fut; fA <;;'7 I ( 2. tJ !J 9 Number of Pages: I
/L;rf ( 75.4 I /f/~ i- (;;.-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer.'s Name:
D Individual
D Corporate Officer - Tille(s):
D Partner - 0 Limited D General
D Attorney in Fact
D Trustee
o Guardian or Conservator
D Other:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
o Guardian or Conserv~tor
DOther:
Top of Ihumb here
Signer Is Representing:
Signer Is Representing:
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