Covenant Regarding Real Property 2010-0548227D O C # 2 010-0548 22 7
RECORDING "REQUEST BY: ; I IIIIIIII III VIII VIII IIII VIII VIII VIII I III VIII I I I VIII IIII IIII
CITY OF POWAY ► OCT 1 2, 2010 2:47 PM
WHEN RECORDED MAIL TO: ; OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CITY CLERK ) DAVID L. BUTLER, COUNTY RECORDER
CITY OF POWAY ) FEES 19.00
P 0 BOX 789 �o�$ PAGES: 2
POWAY CA 929
6 415 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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 approval by the City of Poway ( "CITY" hereinafter) of a Building Permit
to construct an additional 294 square -feet of attached, non - habitable space on the referenced
property, OWNER hereby agrees that no HVAC equipment shall be installed in the non - habitable
space without the approval of a Minor Development Review Application.
This Covenant is complementary to a previous Covenant recorded on April 14, 2010,
Document Number 2010 - 0184670, which addressed the 734 - square -foot, non - habitable structure
proposed for construction. .
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 OW_ NER, 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
Dated
CITY OF P WAY:
Dated: 6 28" ! o By:
'Fl obert J. Ma s, Die or o velopment Services
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6416
CALIFORNIA -
State of California
County of
On �TD6� ?� Z0/ before me, //VI /LLrs l c--
Date - Hare Insert Name and The of the Meer
personally appeared Y'E4 4 Y
PHYLLIS SHINN
Commission # 1778898
- o Notary Public - California
San Diego County
Comm. esNov9.2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personm whose nameWis /a*subscribed to the
within instrument and acknowledged to me that
`(zCe /sha/t*y executed the same in'hWher /t**- a thorized
capacity(Rk), and that b it Whert signature4on the
instrument the person( or the entity upon behalf of
which the person(. acted, executed the instrument.
1 certily under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand d official seal.
Signature
SaWre gn of Notary PuDLc
OP77ONAL
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 Doc ument; COi/i- / Ll /� l !� E
i Document Date nz� Z 0 / 0
Signer(s) Other Than Named Above: /s
Capacity(ies) Claimed by Signer(s)
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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- 'IF WINea,_
Number of Pages.
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Sigmer Is Representing:
1
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