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Covenant Regarding Real Property 2009-0425855~.- .; , c' . DOW 2009-0425855 I 11111111 III 1IIIrrnll 11111 11111 1111111111111111111111111 11111 11111111 CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) l~ )dP ~ ICOn ) ) ) ) JUL 30, 2009 2:23 PM RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: OFFICIAL RECORDS S,6N DIEI~O COU~IT'i RECORDER'S OFFICE DAVID L, BUTLER, COUNTY RECORDER FEES: 13.00 PAGES: 2 11111111111111111111111111111111111111111111111111111111111111111111111111111111 (This space for Recorder's Use) APN: 321-390-47/MDRA 09-09 COVENANT REGARDING REAL PROPERTY Lucille A. Johnson, Trustee of the Exempt Trust, under Johnson Family Trust Dated October 21, 1991, as to an undivided 25% interest; and Lucille A. Johnson, Trustee of the Survivor's Trust, under Johnson Family Trust dated October 21, 1991, as to an undivided 72% interest ("OWNER" hereinafter), is the owner of real property commonly known as 13881 Poway Valley Road ("PROPERTY"hereinafter), and more fully described as: Lot 47 of City of Poway Tract No. 84-04R, in the City of Poway, County of San Diego, State of California, according to map thereof No, 11603, filed in the Office of the County Recorder of San Diego County, September 4, 1986, In consideration of the approval of a Building Permit to construct a 723-square-foot guest house on the above-referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the guest house shall never be rented or leased as a separate unit and no complete kitchen facilities shall be installed. ~~ ~~- - Tnis-Covenant'shall-run,with-the, land and_be_biDstil]g 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 for the detached structure 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 reimburseli)e~t of all costs, incl,uding reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the rightto enforce this Covenant against the OWNERS. PROPERTY OWNER: Dated: 711~/~q ert J. Manis, Dated: 7- /b -tJ f oq.65fJ . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~- ._..-::.:::~...,~d-,.~,<: :""'~~~- -U<<~_~~ County of -Brln OiAgo On J-Jltolng Dale } before~t~~IP1~~~~~)~Of~CHf~' ~(SJOfSI9l'lfl(tS) Slate of California personally appeared .~.'7a7"9 I NaeaIy '-dIllc . CallIaINa I , San DIego Countv l_ - - ~ -~:,:,~~~~_, J who proved to me on the basis of satisfactory e\l'idence to be the person($YWhose name~am subscribed to the within instrument and acknowledged to me that ...beI@ey executed the same in ~heir authorized capacity(iest. and that by hisAiiYiiheir-signature(Gj- on the instrument the personls); or the entity upon behalf of which the persontsl-acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. Place Notal'y Seal Above Signature OPTIONAL Though the Information below is not requfred by law; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. --- -- --- -- Description of Attached D~~nt - In ^ .~ - - - Title or Type of Document: , ,\0(lN\1G ~Ul ~' AALy Document Date: r:{.-ltLP ID q . ' Nu er of Pages: \ Signer(s) Other Than Named Above: \2.fiV:x:> M d _ u.o...l\A.~ Capaclty(ies) Claimed by Signer(s) Signer's Name: o Individual o CorpOrate Officer - Title(s): o Partner - 0 limited 0 General o "Attorney in Fact .0 Trustee, o Guardian or Conservator o Other: Top of thumb hero Signer's Name: o Individual o Corporate Officer - Tille(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHTTHUMBPRINT OF SIGr~ER RIGHTTHW.1BPRINT '" OF SIGNER Top of thumb here Signer Is Representing: Signer Is- Represenling: _ _ ~:F<.J.Js;;'JWiA::. ~.___ _.Si% ~ ~.~y~~ '" '" ;:~ 02007 NaGonal NoIaty As$OdatiOO. 9350 De SoCo Ave.. P.O.8ox 2402 w~ CA 91313-2~' www.Na~.orv Rem '5907 Aaorder:CalI1OII-Fme t-a00-67<<rG827'