Covenant Regarding Real Property 2010-0249511y
D V C # 201 0 - 0249511
IIIIIIIII III IIIIIIIIIII II X1111
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
1 CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074 -0789
Assessor Parcel No. 275- 270 -36 / Minor Development Review 09 -37
MAY 18. 2010 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES 16.00
PAGES: 3
(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 Minor Development Review 09 -37 and a Building Permit
by the City of Poway ( "CITY" hereinafter) for the construction of a 1,100- square -foot,
detached guest house, a 971 - square- foot, detached, non - habitable accessory building and a
non - lighted tennis court, OWNER hereby:
A) Covenants and agrees that no development (e.g., grading, construction, landscaping,
etc.) will occur within the riparian corridor or within the 25 -foot no development setback
along the northerly side of the riparian corridor as delineated by the project biologist,
Cummings and Associates on a map exhibit dated January 23, 2010 ( "SUBJECT
LAND" hereinafter), on file in the City of Poway Development Services to insure
preservation of the sensitive biological resources.
B) Convenants and agrees for themselves and their successors and assigns not to
construct any structure or another thing on the SUBJECT LAND.
C) Covenants and agrees for themselves and their assigns that OWNER shall not
excavate, clear, or place sand, soil, rock, gravel, or other material whatsoever on the
SUBJECT LAND. No cultivation, grazing, clearing, or removal of vegetation shall be
permitted (with the exception of brush clearing as required and approved by the
Poway Development Services Department).
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 the non - habitable accessory building and /or the unlighted tennis court at the request
10 -01-)
of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY.
In the event legislation and regulations are revised to deem the covenant not necessary or
not legally required, 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: 30 a,O (O By:
Dated: '4130f -2010 By:
OWNE . 7 �39 7
Paul E. Smithers (Notarize)
Kristine P. Smithers (Notarize)
CITY OF POWAY X�Z Dated: .S 10 By:
Robert A Manis,
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of
Services
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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personally appeared \�S Own
CHRISTINE E. BURGER
UI Comm. fi 1812716 I^
NOTAM MIBLIC- CALIFORNIA N
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /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 hand and official seal.
Signature � L , - -�����
Signature of Notary Publm O
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Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
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Signer's Name:
• Individual
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General _
❑ Attorney in Fact
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❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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