Covenant Regarding Real Property 2013-0630025Ed Moehlenpah and Lina Moehlenpah, Husband and Wife as Joint Tenants, ( "OWNER"
hereinafter) are the owners of real property commonly known as 14416 Joshua Tree Court
( "PROPERTY" hereinafter), and more fully described as:
Parcel 1 of Parcel Map No. 5966, in the City of Poway, County of San Diego, State of
California, recorded May 19, 1977 as File No. 77- 193356 in the Office of the County
Recorder of San Diego County, State:of California, together with,a portion of Parcel 3 of
Parcel Map No. 12206 recorded June 25, 1982 as File No. 62- 1.96454 in the Office of
the County Recorder of San Diego County, State of California.
In consideration of the approval of a Building Permit to construct a 499 - square- foot, detached__
guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER
hereby agrees that the guest house, or any portion thereof, shall never be rented or leased as a
separate unit, and that the guest house shall never have kitchen facilities installed.
This Covenant shall run with the land and be binding upon and inure to the benefit of 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 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'
flees, from the other party.
OWNER:
Dated: Ia 15-1 Zo13
Moehlenpah (Notarize)
Dated: W 15 20
CITY OF P AY
Dated:
obert J. Ma Is
Director of Development Services
13 =rJSrK
D 0 C # 2013 - 0030025
III IIII 1 1111 III II 1I 11 1111 ! 11 I II
RECORDING REQUEST BY: )
)
OCT 22, 2013 8:5$ AM
CITY OF POWAY )
OFFICIAL RECORDS
WHEN RECORDED MAIL TO:
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr., COUNTY RECORDER
FEES: 19.00
CITY CLERK
)
PAGES: 2
CITY OF POWAY
I
X
I IIII �IIII �IIII VIII VIII VIII VIII VIII VIII (IIII VIII VIII VIII VIII VIII IIII IIII
POWAY CA 92074 -0789 )
(This space for Recorder's Use)
APN: `3:14- 194 -63
COVENANT REGARDING
REAL PROPERTY
Ed Moehlenpah and Lina Moehlenpah, Husband and Wife as Joint Tenants, ( "OWNER"
hereinafter) are the owners of real property commonly known as 14416 Joshua Tree Court
( "PROPERTY" hereinafter), and more fully described as:
Parcel 1 of Parcel Map No. 5966, in the City of Poway, County of San Diego, State of
California, recorded May 19, 1977 as File No. 77- 193356 in the Office of the County
Recorder of San Diego County, State:of California, together with,a portion of Parcel 3 of
Parcel Map No. 12206 recorded June 25, 1982 as File No. 62- 1.96454 in the Office of
the County Recorder of San Diego County, State of California.
In consideration of the approval of a Building Permit to construct a 499 - square- foot, detached__
guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER
hereby agrees that the guest house, or any portion thereof, shall never be rented or leased as a
separate unit, and that the guest house shall never have kitchen facilities installed.
This Covenant shall run with the land and be binding upon and inure to the benefit of 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 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'
flees, from the other party.
OWNER:
Dated: Ia 15-1 Zo13
Moehlenpah (Notarize)
Dated: W 15 20
CITY OF P AY
Dated:
obert J. Ma Is
Director of Development Services
13 =rJSrK
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
On
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On
Data
personally appeared
PHYLLIS SHINN
Commission O 1956215
NotaryPublic - California
San 01000 County i
M Comm.. Es Ire a Nov: 9,,20151
Place Notary Seal Move
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) )(are subscribed to the
within instrument and acknowledged to me that
1k /s�le/they executed the same in dfi%* /their authorized
capacity(ies), and that by Vs/h�r/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 ha and official seal
Signature
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 C}�ocument n
Title or Type of Document: I!10, %/�/1 r /(
Document Date: t1C /,! 2 0
Signer(s) Other Than Named Above: 04�6
Capacity(ies) Claimed by Signer(s)
Signer's 'Nar -
❑ Individual
❑ Corporate Offioer— Title(s): _
❑ Partner — ❑Limited ❑General
❑ Attorney in Fact
❑ 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
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
/
02007 National Notary Aswdafion • 9350 De Soto Ave., P.O. Ban 2402.Ohetsw M. CA 91313 -2402 • www.Natlona[Nolary.org Item #5901 Reorder: Call Toll -Free 1-800 -8]6 -662]