Covenant Regarding Real Property 2001-0270755RECORDING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O'BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
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j' IOC # 2001 - 0270755
MAY 01, 2001 8:22
57; o '
OFFICIAL REM
SAN DIEGO "CWY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 13.00
(This space
!o�OY
COVENANT REGARDING REAL PROPERTY
William J. De Berry and Diane De Berry, Owners, ( "OWNER" hereinafter) of land described in Exhibit
A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel
Number 275- 580 -13 "PROPERTY(hereinafter). In consideration of the approval of an approved building
permit to construct a 492 square foot guesthouse as an accessory structure on the referenced property by
the City of Poway ( "CITY" hereinafter), 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.
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors; heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that building permits are 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 is required to incur costs 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.
The CITY may assign to ,persons impacted by the performance of this.Covenant the right to enforce this
Covenant against OWNER.
Dated:
2 1 r o (Jy
Dated: CuLO%
Ad/�
—�
William J. De Berry
rner -
Diane De Berry, Owner
CITY OF POWAY
Dated: /
By:
Niall Fritz, Director of De lqI pment Services
Am
Gc> •9 f Copy - varQ oo -off
5771
EXHIBIT A
Legal Description
Lot 53 of Silver Saddle Ranch, according to Map thereof No. 7478, filed in the office of the County
Recorder of San Diego County, November 9, 1972.
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5"1
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of SQ
On '9-114101 , before me, Sonia 1.. ome7
Data Name and Title of Officer (e a "Jane Doe, Notary Public')
personally appeared K1;1110im 'T 2BM
� Name(s) of Signers)
L✓ personally known to me
C proved to me on the basis of satisfactory
evidence
in mirl
in
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.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of 1 of ri
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 Document
Title or Type of Document: CC1 yPJ' cul &3C rd Ill 8eoil povpi
Document Date 1'Q1) OO Number of Pages: A
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name:
✓Individual
Top of thumo here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney to Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Associal on • 9350 De Soto Ave , P.0 Box 2402 • Chatsworth, CA 91313 -2402 Prod No 5907 Reorder Call Toll Free 1- 800 -876 -6827