Covenant Regarding Real Property 2009-0546039RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 275 - 232 -18
DCC # 2009 - 0546039
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OCT 01, 2009 11:41 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER. COUNT'( RECORDER
FEES: 1300
PAGES: 2
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Waldemar and Clasina Willemse ( "OWNERS" hereinafter), are the owners of real property
commonly known as 12815 Stone Canyon Road ( "PROPERTY" hereinafter).
In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building
Permit to construct a detached, two -story structure, that includes a garage on the first floor and
a storage area on the second floor, on the referenced property, OWNERS hereby agree that no
area of the structure shall be used as habitable space.
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 City codes are changed so that this structure
may be habitable, the City may, at its discretion, rescind this Covenant.
In the event that a Building Permit is never obtained to construct the proposed structure
at the request of the OWNERS, the CITY shall expunge this Covenant from the record title of the
PROPERTY.
If either party incurs costs as a result of filing a -civil action 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.
Dated: 0 l I Z 5 I 061
Dated: Z0
Dated: ,3
M: \pl a n n i ngM repo rt\va r\08 -10 —W i Ilemse \coven a nt. d ou
W, �/ .Q,�
Waldemar Willemse, Owner
Clasina Willemse, Owner's
CITY OF POWAY:
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Services
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State of California
County of San Diego
On Z� efore'me;
Date
personally appeared W,4 L
Phyllis Shinn, Notary Public
Here Insert Name and Title of the Officer ,
. nietst m
"mu"
L,9- -S It
PNYLLMSHINN
Commisalon'N' 177,6696
Notary , - Colit6trilo
1. lawmwl- Son Diego County
Nov9` 1
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
//they executed the same in Pp$ /Wtheir authorized
capacity(ies), and that by hbslhp4ltheir signature(s) on the
instrument the persorl or the entity upon behalf of
which the person(s) 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.
WITNESS my han nd, official seal.
Signature
Place Notary. Seal Above Signature o otary Public
OPTIONAL
ThougKthe 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: _11
Document Date: 23
Signer(s) Other Than Named Above:
Capacity(ies) Claimed 6y Signer(s)
Signer's Name:
❑ indiVidual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited El General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer. Is Representing:
RIGHT,THUMBPRINL
'OF SIGNER' °
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):,
❑- Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑'Guardian or Conservator
❑ Other:
Signer IS Representing:
"OF, SIGNER `�
02007 . National Notary Association, 9350 De Soto Aye., PO Box 2402 • Chatsworth, CA 91313 -2402• www.NetionalNetaryorg Item #SrI Reorder. Call Toll Free 1- 800 -876 -6627