Covenant Regarding Real Property 2003-0620564DOC 2003
- 0620564
RECORDING REQUEST BY: ) MAY 28, 2003 8:28
OFFICIAL RECORDS
CITY OF POWAY ) SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY J. SMITH, COUNTY RECORDER
FEES: 11.00
b CITY CLERK )
V4 CITY,OF POWAY )
P O BOX 789 - )
POWAY CA 92074- 0789 )
!. No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
"The Loy Family Trust ", Gregory G. Loy Trustee and Kirsten A. Loy Trustee of the Loy
Family Trust dated February 12, 1999, ( "OWNERS" hereinafter), are the owners of real property
commonly known as a portion of Assessor's Parcel Number 323- 071 -18 ( "PROPERTY
hereinafter), and more fully described as
Lot 5 of City of Poway Tract No. 97 -02, in the City of Poway, County of San Diego, State
of California, according to Map thereof No. 14547, filed in the Office of the County Recorder of
San Diego County, February 19,'2003.
In consideration of the approval by the City of Poway ( "CITY" hereinafter) of
Development Review 02 -09, which includes the construction of a 259 - square -foot guest suite,
OWNERS hereby agree that no portion of the guest suite shall ever be rented or leased as a
separate unit, complete kitchen facilities shall not be installed, and 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, encumbrance's, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Development Review 02 -09 expires or is rescinded by City Council, and
building permits are never obtained to construct the proposed guest suite, the CITY shall, at the
request of OWNERS, 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 Cov Want against t OWNERS.
Dated: S 2 03 s
Grego �. Loy, Tru ee
Dated:
Ki sten A. Loy, Trustee
rim
'y CITY OF� POWAY:
%
Dated: Z " b % By: Z [ (/
Niall Fritz, Director of DevelopitrZnt Services
lRo3- I `11 °I i
,CA :IFO1%N1A ALL - PURPOSE ACKNOWLEDGMENT •
State of (2-joA CL
County of
On before me, Mat4h0. {.SO&.LPf Oritinq Y "ht, ,
Da1� a Name and Title of Officer (e.g.,'Jane Doe, Not ublic")
personally appeared 1.0 1 PSTe 1.0
Name(s) of Signers)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)jeare subscribed to the within instrument
►KA Y SPA and acknowledged to me that.Ws>e /they executed the
caernWbn • 1401942 1 same in hiehef/their authorized capacity(ies), and that by
"Dim U la -fib I h4hef /their signature(s) on the instrument the person(s),
Nj or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
U/ V Signature of Notary Pubic
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 torn to another document.
Description of Attached Document-
Title or Type of Document:
Document Date: aa� a\1 �aod 3 v Number of Pages: Q-
Signer(s) Other Than Named Above: X)n In P-
Capacity(ies) C laimed by Signer(s)
Signer's Name: G w. 1,g
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Q' Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ - Attorney -in -Fact
Trustee
❑ General
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name: J l stria i-O�
❑ Individual
• Corporate Officer
Ttle(s):
• Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
5?"'Trustee I
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notary Association •8236 Hemmed Ave., P.O. Box 7113,1 • Canoga Park, CA 913094184 Prod, No. 5907 Reorder Call Toll -Free 1.8004816 -6927
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