Covenant Regarding Real Property 2010-0249510RECORDING REQUEST BY:
APN: 275 - 270 -36, MDRA 09 -37
D O C # 2010-0249510
1111111111111111111111111111111111111111111111111111111111111111111111
MAY 18, 2010 3:59 PM
OFFICIAL RECORDS
SAP! DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 1100
PAGES:
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Whereas Paul E. Smithers and Kristine P. Smithers, PROPERTY OWNER ( "OWNER"
hereinafter), are the owners of real property commonly known as 13657 Paseo De La Huerta
( "PROPERTY" hereinafter), and more fully described as:
Lot 48 of City of Poway Tract No. 88 -15 Unit No. 1, in the City of Poway, County of
San Diego, State of California, according to map thereof No. 12466, filed in the office
of the County Recorder of San Diego County, September 22, 1989.
In consideration of the approval of a Building Permit by the City of Poway ( "CITY"
hereinafter) for the construction of a 1,100- square -foot, detached guest house and a 971- square-
foot, detached, non - habitable accessory building, OWNER hereby agrees that no portion of the
guest house shall ever be rented or leased as a separate unit and complete kitchen facilities
shall never be installed; additionally, the non - habitable accessory building shall never be rented
or leased as a separate unit, a kitchen shall never be installed, and it 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 guest house
and /or non - habitable accessory building 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: q 1 —:50 1 20 i 0
Dated:
y/30/2010
Dated: 14?
M: \planning \cmr\guesl house cov\smithers.docx
OWNE :
By:
Paul E Smithers (Notarize)
By: yKrigtine P. Smithers (Notarize)
CITY O
By: U. 'L
R60ert J. Mar/s, Dir ct r o evelopment Services
ID—D-0—
CITY OF POWAY
IV
�i
WHEN RECORDED MAIL TO:
CITY CLERK
\
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 275 - 270 -36, MDRA 09 -37
D O C # 2010-0249510
1111111111111111111111111111111111111111111111111111111111111111111111
MAY 18, 2010 3:59 PM
OFFICIAL RECORDS
SAP! DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 1100
PAGES:
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Whereas Paul E. Smithers and Kristine P. Smithers, PROPERTY OWNER ( "OWNER"
hereinafter), are the owners of real property commonly known as 13657 Paseo De La Huerta
( "PROPERTY" hereinafter), and more fully described as:
Lot 48 of City of Poway Tract No. 88 -15 Unit No. 1, in the City of Poway, County of
San Diego, State of California, according to map thereof No. 12466, filed in the office
of the County Recorder of San Diego County, September 22, 1989.
In consideration of the approval of a Building Permit by the City of Poway ( "CITY"
hereinafter) for the construction of a 1,100- square -foot, detached guest house and a 971- square-
foot, detached, non - habitable accessory building, OWNER hereby agrees that no portion of the
guest house shall ever be rented or leased as a separate unit and complete kitchen facilities
shall never be installed; additionally, the non - habitable accessory building shall never be rented
or leased as a separate unit, a kitchen shall never be installed, and it 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 guest house
and /or non - habitable accessory building 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: q 1 —:50 1 20 i 0
Dated:
y/30/2010
Dated: 14?
M: \planning \cmr\guesl house cov\smithers.docx
OWNE :
By:
Paul E Smithers (Notarize)
By: yKrigtine P. Smithers (Notarize)
CITY O
By: U. 'L
R60ert J. Mar/s, Dir ct r o evelopment Services
ID—D-0—
Apr 13 10- 03:06p Paul E. Smithers
858 -486 -9404 p.11
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
c�Ci�•[M - .F- f`:y»:Cav+- ,C-'f'c.CC ". _ _ ZY'2y'-�i` .n�(" _ M.GaC�^l..•Y`=M��^C� !i - -_- -
State of California ��
County of �\ A4��
personally appeared NCN
3 y CHRISTINE E. BURGER
CDMM.fi 1812776
xorAllr PUMC- CALIFORNIA
\, Sul DNGo COUNTY
\c, Mr Coles. RxP. 5� e�pp��
Pbce rotary Seal Above
who proved to me on The basis of satisfactory evidence to
be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that
haisheithey executed the same in histherRheir authorized
capacity(ies), and that by his/her/their signatures) 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 hand and official seal.
Signature
9lgnatum d Ncb,, Pobic
OPTIONAL
Though the mfomration beliAv is not required by law, it may pmve vatuabie 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑
Corporate Officer — Title(s): _
❑
Partner — D Limited C General
•
Attorney in Fact
•
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing:
RIGHTTHUi�iBPRINT
AF SIGNER..'
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — _—) Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Consemalcr
❑ Other:
Signer Is Representing:
nIGHTTBUMBPRINT
x,: ,of SIGNER
N
®ZJOT[.'alionar Notary A'•soculim•93iD D¢ SCb AR., ?O.em �d02•CNatmonN, CA 91J112102•w�vw,NatimalNOlary:ig I-eT:590T Recrtler. CaIITa1Fr�1BOD356 &']