Covenant Regarding Real Property 2010-0148323RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 272 - 761 -24
DOW 2010 - 0148323
111111111111 III II III II I II IIII VIII I VIII II 1 IIII
MAR 25, 2010 9:24 AM
I
i OFFICIAL RECCiFIDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNT RECORDER
FEES. 13.00
PAGES: 2
I IIIIII VIII VIII VIII VIII VIII VIII VIII (IIII VIII VIII VIII (IIII (IIII IIII IIII
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COVENANT REGARDING REAL PROPERTY
Whereas Mark L. and Mari Louise Kiesel Community Property Trust of 1992, PROPERY
OWNER ( "OWNER"-hereinafter), is the owner of real property commonly known as 17979 Highlands
Ranch Place ( "PROPERTY" hereafter), and more fully described as follows:
LOT 24 OF POWAY TRACT 88 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12123, FILED JULY 14, 1988 IN
THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA
In. consideration of the approval of a Building Permit to construct a residence having an
outdoor entertainment area with secondary cook -top and oven cooking facilities on the above -
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the
outdoor entertainment area will never be enclosed to become a second indoor kitchen.
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 residence 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.
OWNER: Mark L. and Mari Louise Kiesel Community Property Tr f 1992
j 7
Dated: 3 2° /o
Mark L. Kiesel, Trustee
Dated: -3 - i:�0 - /� S �Er
Mari Louise Kiesel, Trustee
/l CITY OF P WAY:
Dated: r/ By: l
o ert J. Mang, DiFedfo Ceveioprnent Services
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10 -UO%
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
, ��/
County of �� ^'v Ir F &t)
`� /r' {fit
On °�� V before me, f�R( EK E O sULLI
Dale / Here Insert Nam,
personally appeared (o,,/t_�e 141 -eg-P L
/ Name(s) of Signeds)
PATRICK E. O'SULLIVAN
Cornmla310n iP 1730133
Notary Publlc;',Callfornla £
San Diego County
Camm. F M r 7, 2011
Place Notary Seal Above
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wh'Z5 'proved to me on the basis of satisfactory evidence to
be the persor(pNhose na s Ig/( Deubscribed to the
within instrument and ac nowledged to me that
he!EHe ey xecuted the same in hiaaeir uthorized
capa Ies) )and that by thaei signatur�rs' on the
instrument the pers s or the entity upon behalf of
which the perso ed, 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 m jaannd, and official see al.
Signature�lt P-14 g
Signature of P�blic�
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 Document ////����
Title or Type of Document: O V'Q /l/% /fie �(
Document Date: -37 �Z_o ( b Number of Pages:
Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Namem�I LCJVrJ!, I�(PSPL
❑ Individual
❑ Corporate Officer —Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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Signer's Name: g/t1L J. k(`CSPL
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1R 1I!111F 10, 1 THUMBP F SIGNER
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02007 National Notary Association• 9360 De Soto Ave., Ro Boz 2402 -Chatsworth, CA 91313- 2402•w NationalNraaryorg Item 45907 Reorder: Call Toll -Free 1- 800 - 8766827