Covenant Regarding Real Property 2014-0296888Al D O C# 2014-0296888
�J I IIIII II 111111111111111111111111111111111111111111111111111111 IN
RECORDING REQUEST BY: )
JUL 16, 2014 3:44 PM
CITY OF POWAY
OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 1%00
CITY CLERK, ) PAGES: 2
CITY OF POWAY )
X 9
POWAY CA92074 -0789 ) II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
(This space for Recorder's Use)
APN: 317- 271 -6300
COVENANT REGARDING REAL PROPERTY
Sheldon Family Trust 11- 12 -09, ( "OWNER" hereinafter), is the owner of real property
commonly known as 12125 Paine Street ( "PROPERTY hereinafter) and more fully described as:
PARCEL 4 OF PARCEL MAP NO. 16741, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JANUARY 10, 1992, AS FILE NO. 92- 0016043 OF OFFICIAL RECORDS.
In consideration of the approval of Specific Plan Amendment (SPA) 13 -002 and Conditional
Use Permit (CUP) 13 -010 by the City of Poway ( "CITY" hereinafter), and in acknowledgement of the
California Building Code (CBC) that requires a fire separation for the covered outdoor storage area on
PROPERTY, OWNER hereby agrees to obtain a building permit and construct appropriate fire
separation wall(s) to protect the covered outdoor storage area on PROPERTY, if required by the
CBC, should any development on adjacent lots to the south (12120 Kear Place, APN# 317 - 271 -8900)
and /or east (12130 Dearborn Place, APN# 317 - 271 -3300) be legally modified involving
building /structure separation. OWNER agrees to obtain a building permit from CITY and construct
such walls and request final inspection within 120 days of any modifications having been made on the
neighboring properties as described.
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In the event that CUP 13 -010 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 13 -010, upon removal of the covered outdoor storage
improvements and by the request of the OWNER, the CITY shall expunge this Covenant from the
record title of the PROPERTY and CUP 13 -010 shall be of no further force or effect. 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: Sheldon Family Trust, 11 -12 -09
Dated: 7 7
/ty -
Dated: -7/7 By:
(Notarize)
LUi l !r GNt � • S/,�Ido,�,. �-r-usikc.
Its:
CITY
5
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Califo``rnia
Count //y of _:fw /�//1/
On-/U ZOO before me, 7`#,VZ L1S�C-
a I n „ Here Insert Raw e anti Tula of th¢ Officer
personally appeared
rA PHYLLIS SHINN
Dommlaalon N 1956215
Notary Public - California i
San Diego County
alillgContm.=s Nov 9, 2015 r
who proved to me on the basis of satisfactory evidence to
be the person% whose name(, is/a>bsubscribed to the
within instrument and acknowledged to me that
he/,*/ttoy executed the same in hisW41ir authorized
capacity(i4, and that by his/h*Ah)r signature()( on the
instrument the person( or the entity upon behalf of
which the person(k 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 hen d official seal.
Signature
Place Notary Seel Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description o`
Title or Type of t
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGIII tHUh1SPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUM SPRIM
OF SIGNER
0
02007 National Notary Association • 9350 Ue Soto Ave., P.O. Box 2402 -Chatsworth. CA 913112402• viwa.NatbnlNolsryorg Item #5907 Reorder Cell TolWsre t- 800 - 87&61127