Covenant Regarding Real Property 2014-0249666D O C ## 2014-0249666
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11111 II I I III I I I I I I I I IIII II
RECORDING REQUEST BY: )
JUN 17, 2014 10:43 AM
CITY OF POWAY )
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: )
Ernest J. Dronenburg,Jr., COUNTY RECORDER
FEES: 19.00
CITY CLERK ) /
PAGES: 2
CITY OF POWAY )
P O BOX 789 1 '
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POWAY CA 92074 -0789 )
1
(This space for Recorder's Use)
APN: 321 -140 -11
COVENANT REGARDING REAL PROPERTY
Daniel E. Smith and Karen S. Smith ( "OWNER" hereinafter), are the owners of real property
commonly known as 14140 Donart Drive ( "PROPERTY hereinafter) and more fully described as:
Lot 19, of Belvedere Estates Unit 1, in the City of Poway County of San Diego, State of
California, according to Map thereof No. 4015 filed November 19, 1958.
Pursuant to Poway Municipal Code Section 17.08.180(C)3, and in consideration of the
approval of Building Permit B14 -0271, a request to construct a detached, non - habitable accessory
structure at the above - referenced property, by the City of Poway ( "CITY" hereinafter), OWNER hereby
agrees that the detached, non- habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating, or air conditioning; and the non - habitable 'structure
shall never be rented or leased as a separate unit.
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.
I
In the event that a Building Permit is never obtained to construct the proposed detached non -
habitable accessory structure 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.
Dated: 2, =—ZzZ—,e
�/ / Daniel E. Smith (Notarize)
Dated: - d�
Karen S. Smith (Notarize)
�[ CITY OF POWAY:
Dated: T By:
R&41rt J. Manis Di ect r Dev lopment Services
Wplanning \oda \Grading Plans\G11 -004 Donart cov.docx I Li -D �w
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State of California
County of 21,fy I
On e L.Z1°ZO/ before me, A/Z Z .15 A�41,
Dat l Here Insert ame and 11, oi.ihe Mil I
personally appeared / /fiNl t L Sh I / Tf� 4NA
PHYCUS SHINN
Commission a 1956215
Notary Public - California z.
Z San Diego County s
My Comm. Expires Nov;9,2015'
Place Notary Seal Above
who proved.to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Aare subscribed to the
within instrument and acknowledged to me ' that
belsye/they executed the same in W%Th /their authorized
capacity(ies), and that by I%*Aheir 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 Ilaws
of the State of California that the foregoing paragraph is
true and correct:
WITNESS my hand and official seal.
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: CDI/EiN4N/
Document Date: _ Number of Pages: l
Signer(s) Other Than Named Above:
Capaelty(ies) Claimed by Signer(s)
Signer's Name:
Signer's,Name:
❑ Individual
❑ Individual
❑ Corporate Officer —Title(s):
❑ Corporate Officer — Title(s):
❑ .Partner— El Limited ❑ General
_
❑ Partner — 11 Limited ❑ General
7) Attorney in Fact
W11111111
- '
❑ Attorney in.Fact.
-
❑ Trustee
_
Top of thumb here
❑ Trustee
Top of thumb here
❑ Guardian or Conservator
El Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
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