Covenant Regarding Real Property 2014-0423935RECORDING REQUEST BY:
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CITY OF POWAY
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WHEN RECORDED MAIL TO:
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CITY CLERK
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CITY OF POWAY
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P O BOX 789
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POWAY CA 92074 -0789
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APN: 277 - 220 -31
D O C ## 2014-0423935
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SEP 30, 2014 3:40 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 19.00
PAGES: 2
IIIIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Proehl Family Trust dated June 7, 2007 ( "OWNER" hereinafter), is the owner of real property
commonly known as 18711 Heritage Drive ( "PROPERTY hereinafter) and more fully described as:
Lot 31 of Poway Tract No. 98 -02 Heritage Ranch Estates, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 14388, filed in the Office of the County
Recorder of San Diego County, May 8, 2002.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Minor Development Review Application 14 -012 and Building Permit B14 -1107, a request
to construct an attached, non - habitable, single -car garage space with bathroom and closet area at the
above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the
referenced attached, single -car garage space shall never be used as habitable space; shall not have
complete kitchen facilities 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.
In the event that a Building Permit is never obtained to construct the proposed attached
garage space 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.
OWN : Proehl Family Trust dated June 7, 2007
Dated: Ata 0
Gerald T. Proehl, Trust Notarize)
Dated: ` I ? r 1 �j
Pamela F. Proehl, Trustee (Notarize)
CITY OF P WAY:
Dated: By: 4X('e"117 zf L
o r J. Ma_nis(Dir'ect9Foev lopment Services
/z/ OC c'
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
CIVIL CODE § 1188
County of °moo
J
On 0411,+176A before me,
Date Here Insert Neme end Tlse the officer
personally appeared 6efo% T pro ekI ' Tcm¢ 1q PT)ioeh I
Name(s) of Signer(s)
DANIEL SCHEPE
Commission . 1995793
i Notary Public - California i
San Diego County
4M Comm. Expiry Oct 27, 2016
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person whose name(o isl6h
subscribed to the within instrument and acknowledged
to me at helsze a executed the same in
hialNer he' auth( Wapacity es and that by
hisiher ei signature on the instrument the
person( or the entity upon behalf of which the
person6acted, 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 hand and official seal.
Signature: ice" i'
Signature of Wary Pubes
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: GG�enan} Zecfa�(y( nq �Pu( I1�GJlA }y
Document Date: Oct 1 171 ZO14} Number of Pages: t
Signer(s) Other Than Named Above: Man. S
Capacity(ies) Claimed by Signer(s)
Signer's Name: t to -T h I
❑ Corporate Officer — Title(s):
• Individual
• Partner — ❑ Limited ❑ General Top of Ihunnb here
Fl Attorney in Fact
y Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name: 3>am6(oi F Arun,
❑ Corporate Officer — Title(s):
• Individual
• Partner — C Limited ❑ General Top of thurn here
❑ Attorney in Fact
XTrustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
w zgru Naeeaal Nmaey Associauon - NatronalWary.org - t- eau -US NOTARY (1-800 876-N27) Item #5907