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Covenant Regarding Real Property 2010-0109751r DO I f 2010 - 0109751 IIIII I IIIIIII II 111111 I IIIIIIII IIIIIIII IIIII RECORDING REQUEST BY: ; MAR 05, 2010 1 0:46 AM CITY OF POWAY j 3n OFFU =(c,L PEI f AN DlEbO COUNT' RECUR[ =F'� OFFICE WHEN RECORDED MAIL TO: ) p D'i, IC L BI TLER COUNT 'r F'ECORDEF Cod FEES 1600 CITY CLERK ) PAGES: 3 CITY OF 789 P O BOX 789 ) 111111111 Hill Hill Hill 11111 Hill ill Hill Hill Hill Hill Hill ill HIII 1111111111 1111111111 ) POWAY CA 92074 -0789 ) ( i Ins space Tor Kecoraer s use) APN: 275 - 270 -28 / MDRA 09 -39 COVENANT REGARDING REAL PROPERTY The Sorgi Family Trust 08- 08 -98, ( "OWNER" hereinafter), is the owneCof real property commonly known as 13610 Paseo De La Huerta ( "PROPERTY hereinafter), and more fully described as: Lot 40 of the 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, September 22, 1989. In consideration of the approval of a Building Permit to construct a 1,203- square -foot, detached guest /pool house on the referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached guestipool house shall never be rented or leased as a separate unit and no complete kitchen facilities shall be installed. 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 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: Sorgi Family Trust 08- 08 - Dated: I L ( l u an Alan M. Sorgi, Trustee arize) Dated: Anna Sorgi, TrVs (Nota ze) CITY OF POWAY: Dated: 0 ay l� By: J. ManA, ITreookof Qkvelopment Services M: \planning \oda \MDRAS \Sorgi Pool House Covenant docx 10 -oI11 E ACKIkOWLEDGMENT State of California County of San Di On /// �SOID before me, - Shaey_Cr oat¢ personally appeared who proved to me, on the basis of satisfactory evidence to be the person(Wwhose' name tsfaw subscribed to the within instrument and acknowledged to me that sh>ey executed the same in WTIR heir authorized capacity(ies), and that by lai`erAheir signaturs) on the instrument the person(s , or the entity upon behalf of which the personKacted, 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 and'and offic'ul seal. Signature Place Notary Seal AOove SI net r¢ of Notaryc OPTIONAL Though the information below is not required by law„ R 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:: V Document Date: 2- h-6 1 Z01 O Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Trtle(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact El Trustee Top of Ihu b here ❑ 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: Flip HUP.7BPFINTi `GF.SIGNERir? v ✓«S�:SC`y/Sf$.L�{{4'J<'bC`<` /' <'4/S \L1LL.S'L 'Y4�;/f'V {' Y /'VS'V 'YS'LL�t(' YS`,S Y{Y 'Y 'VS $'Y /'Yf'Y<'VS' LVL'Yf' 4'b 'V ✓L 11 1 , ' , 1 0 8 URPOSE ACKNI& /LEDGMENT State of California County of. San Diego Orli Pi�& 2 %� 1 1� ' before me, Phyllis Shinn, Notary Public Date Here Insert Name and Title of the Officer )/, sD . personally appeared who proved to me on the'basis of satisfactory evidence to be the person*whose name(l),is /A'subscribed to the within instrument and acknowledged to me that he /*/tlXy executed the same in his/* /ttb9ttr authorized capacity(i §W, and that by his /Fy�r/th)tf signature(4on the instrument the person(, or the entity upon behalf of which the person(�_Iacted, executed the instrument. PHYLLIS.BNINN CommlNlon O 1778898 Notary, Public - Cayt mia San.Diego . C.atrun. Nov0T011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my han nd,offlcial seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required 'by law, it may prove valuable o 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 Document Date: 2 / / G e2 lo Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Individual ❑ Corporate Officl Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in, Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPR_I_N__T, `OF, SIGNER Number of Pages: Signer's Name: [I Individual • Corporate Officer —Title(s)., • Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a 02X7NabonaiN6tary Asscc1alinm9350 De Soto Ave, PC5&2402• Chatsworth, CA 91 31 3- 2 4 02•wrvw NationalNotaryom Item #5907 Reorder CallTbil -Real- 800 -876 -6627