Covenant Regarding Real Property 2010-01846707
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
DCC # 2010- 0184670
i IIIIIIIIIII Illllilliill IIIIIIIIII I IIIIIIIIi Illllllllll
APR 14, 2010 1:40 PM
OFFIi -14L RECORC'3
SAN DIEuO BUTLER, RECORDER'; OFFICE
DP1'ID L. BUTLER, COUNTY RECORDER
FEES: 13.00
PAGES: 2
I (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII
(This space for Recorder's Use)
APN: 275 - 331 -15 - -
COVENANT REGARDING REAL PROPERTY
Peggy M. Tomasello, an unmarried woman ( "OWNER" hereinafter), is the owner of real
property commonly known as 16772 Martincoit Road ( "PROPERTY hereinafter), and more fully
described as:
All of Lot 146 together with that portion of Lot 148 of Green Valley Estates Unit No.11, in
the City of Poway, County of San Diego, State of California, according to map thereof
No. 4586, filed in the Office of the County Recorder of San Diego County, July 13, 1960,
lying Southerly and Westerly prolongation of the Northerly line of said Lot 146.
In consideration of the approval of a Building Permit to construct a 734- square -foot, attached
non - habitable structure and a 749- square -foot, attached habitable structure on the referenced
__property_by,the_City of Poway- ( "CITY" hereinafter), OWNER hereby_agrees that no HVAC equipment_
shall be installed in the non- habitable structure without the approval of a Minor Development Review
Application.
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 structure 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.
OWNER: Peggy M. Tomasello,7 //�
Dated:
CITY OF PO AY:
Dated: By:
ert J. Mani , Dire or o D elopment Services
M: \planning\ intern \Mike \Covenants \Tomasello Cov..docx
(o -o35
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of �S7an Diego J}
On /L / ;-7 before me, Phyllis Shinn, Notary Public
Date Iq,, Here Insert Name a,d Title of the Officer
personally appeared ��7�i y /vl. l�l � L60
Name(s) of Signers)
PHYLIIS SHINN
Commission # 1778898
Notary Public - California.
UT Son Diego County
-W-00rRm-2EeSNov 9 2011
Who proved to me on the basis of satisfactory evidence to
be the person l whose nal is /a)k subscribed to the
within instrument and acknowledged to me that
Wsheit%y executed the same in Sri`s /her /11�4r authorized
capal and that by l6 /her /tf*r signatl on the
instrument the person(,6, or the entity upon behalf of
which the person 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 hand hd offidial seat.
Signature
Place Notary Seal Above Eytfriaae. of Notary Pobllc
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
Title or Type of C
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signers)
/0
Number of Pages:
Signer's Name:
Signer's Name:
❑. Individual
❑ Individual
Corporate Officer — Title(s):
❑ Corporate Ot icer.— Title(s):
❑ Partner — ❑ Limited ❑General _
❑ Partner — ❑ Limited ❑ General
q Attorney in Fact
❑ Attorney in Fact
I] Trustee
lop of thumb here
❑ Trustee
Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
-
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Aesociafion- 9350 De Soto Ave.. PO Boa 2402 - Chatsworth, CA 91313 -2402• vuww.NationafNOlaryorg Item 45907 Reorder: Call Tall Free 1000 -976 -6827