Covenant Regarding Real Property 2011-0218828 DOC if 201 1 -021 8828
) 1 11111111 III 11111 11111 0111 0111 0111 0111 0111 0111 01110111 1111 1111
RECORDING REQUEST BY: )
CITY OF POWAY
) APR 27, 2011 11:31 AM
)
1 ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
CITY CLERK ) FEES: 22.00
CITY OF POWAY ) PAGES: 3
POWAY CA 92074 -0789) 11111110111011 111111110111110111111011111111 011111111 11111 1111 1111
)
(This space for Recorder's Use)
APN: 321 - 400 -22 -00
COVENANT REGARDING REAL PROPERTY
Martin Hussey and Helena Hussey, as Trustees of the Martin and Helena Hussey Trust, are the
owners of real property ( "OWNERS" hereinafter) commonly known as 13824 San Sebastian Way
( "PROPERTY hereinafter), and more fully described as:
Lot 22 of the City of Poway Tract No. 86 -01, Unit 1, in the City of Poway, County of
San Diego, State of California, according to Map thereof No. 11802, filed in the Office
of the County Recorder of San Diego County, May 6, 1987.
In consideration of the approval of a Building Permit to build a non - habitable accessory structure
at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNERS hereby agree
that the non - habitable accessory structure shall never be converted to living space without first
obtaining approval and appropriate permits from CITY.
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 non - habitable
accessory structure at the request of the OWNERS, 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 the OWNERS.
OWNERS:
Dated: 31224 ( i
art ussey, Trustee
Dated: 3 "a'
Helena Hussey, Trustee
CITY O F Y'
Dated: 3////1 By:
• bert J. Ma is
Director of Development - rvices
IV" OS5
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California L County of / ✓ O
On 1441Ma 2 Z ol a / before me, /VyGLII fb/44 lo7' ) 44, e 5 c -
Date / f Here Inset Name and Title the Officer
personally appeared 116 L // 4' 14 S S G Y
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person44 whose name() is/ak subscribed to the
within instrument and acknowledged to me that
‘17k/she/t14 executed the same in $is/her/tltr aut orized
capacity(A), and that by Yis/her/tltir signature on the
instrument the pe(k, or the entity upon behalf of
which the person( acted, executed the instrument.
. , PHYLLIS SHINN
Commission # 1778898
I certify under PENALTY OF PERJURY under the laws
, . Notary Public - California / of the State of California that the foregoing paragraph is
San Diego County true and correct.
- - - - - MiCorllun _ExeIre NNoNW _It
WITNESS my ha �d/�offfiicial seal.
Signature .E:Y� -b
Place Notary Seal Above / Signature of Notary Public
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 t/�`l Document /� / / P67z Title or Type of Document: C0 /, T /�% >4 6._w---1- /
Document Date: f'14fe2C# Z , Number of Pages:
M
Signer(s) Other Than Named Above: v • r ' ,, / i 4r
Capacity(ies) Claimed by Signer(s)
Signer's Name: , Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
RIGHT THUMBPRINT RICH , FiJNieRRIN1
❑ Attorney in Fact OF S'GNER ❑ Attorney in Fact o- S CNER
❑ Trustee Top of thumb here 0 Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876.6827
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of-59/1/ A /6 0
On f l f , ¢ , � C # Z 2 , 20 / / before me, 7 4 / Y I 2/ /4 / OT.gsc/ 4f zLl
Date / / Here Insert Name and Title of a Officer
personally appeared 04,4727 /44 SS C=/
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose name is/e subscribed to the
within instrument and acknowledged to me that
he /ss/t ) executed the same in his/ir/ttr authorized
capacity Ti , and that by his/I r/tij4ir signature(A on the
instrument the person(, or the entity upon behalf of
which the person* acted, executed the instrument.
PHYLLIS SHINN
Commission # 1778898 I certify under PENALTY OF PERJURY under the laws
Notary Public - California
� of the State of California that the foregoing paragraph is
San Diego County true and correct.
, firComm .NYes Nov.9 tot 1 _ 1
WITNESS my hand official seal.
Signature
Place Notary Seal Above Signature otary Public
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: 6//c//4"/#1
"'" ��� / ,�V'g " 1
Document Date: that! C s! 2 > ZO // Number of Pages:
Signer(s) Other Than Named Above: Wier • 679/WS / - Z 6 ,<.
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Titie(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General R, aiiTTrlur,�ir r wT ❑ Partner — ❑ Limited ❑ General RIGHT 1HU IRPRirur
❑ Attorney in Fact OF SUNLR ❑ Attorney in Fact Or SiCNFR
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Assodatfon • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 -2402 • wwwNationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827