Covenant Regarding Real Property 2010-0126820RECORDING REQUEST BY:
IYXU
CITY OF POWAY )
WHEN RECORDED MAIL TO: )
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074 -0789 )
APN: 275 - 370 -02, MDRA 09 -31
DCC # 201
111111 1111111111111111111111111
MAR 15. 2010
0- 0126820
IN 111111111111111111111111111
3:02 PM
OFFICIAL REi FORDS
SAN DIEGO COUPIT'r RECORDERS OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 1 sou
PAGES:
COVENANT REGARDING REAL PROPERTY
Whereas Curtis Johnson and Georgiana Johnson, Trustees of the Johnson Family Trust,
PROPERTY OWNER ( "OWNER" hereinafter), are the owners of real property commonly known as
13006 Via Del Toro ( "PROPERTY" hereinafter), and more fully described as:
Lot 59 of Valle Verde Estates Unit #2, in the City of Poway, County of San Diego,
State of California, According to map thereof No. 4894, filed in the Office of the
County Recorder of San Diego County, January 16, 1962.
In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building
Permit for the construction of a non - habitable, detached pool house, OWNER hereby agrees that
no portion of the pool house shall ever be rented or leased as a separate unit, complete kitchen
facilities shall not be installed, no gas line and /or 220 ampere electrical service shall ever be
installed, and the pool house shall never be improved as conditioned space (improved with heating
and /or cooling duct - work).
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 guesthouse
at the request of the OWNER, 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: 7 a,')
Dated: , /, 4
Dated: 2? 1D
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OWNER:
By: i vw so���or. —
�Gurtis_Jo�n (Notarize)
Georgiarfa Johnso2^tarize)
CITY OF
By:
R rt J. Manis, Direc or o elopment Services
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CALIFORNIA ACKNOWLEDGMENT
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State of California
County of San Diego
On 1jt&11 % before me,
Date r
personally appeared (:k7-7-5'
r
PHYLLIS SHINN
Commieaion • 1778898
Notary Public - California
Son Diego County
aMillCown.0viretN9,21)II a
Public
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) X/are subscribed to the
within instrument and acknowledged to me that
* /eke /they executed the same in *s /Pw /their authorized
capacity(! ), and that by * /Hsr/their signature(s) on the
instrument the person(s), 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 hanA and official sea/l�1/
Place Notary Seal Above Signature Signature of Notary Public
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 D current
Title or Type of Document: CQy6 �1��C717/U�J y/�tI Ki L
Document Date: >/ ' Z 0 / 0 Number of Pages:
Signer(s) Other Than Named Above: Pmoe 7- •" ���� /-f
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
• Individual
❑ Individual
• Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
•
❑ Attorney in Fact
❑ Trustee
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❑ Trustee
Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., R0,Box 2402•Chabnorlh, CA 91313- 2402 -w NalionalNotaryorg Item #5907 Reorder: Call Toll Free l- 800-876 -6827