Covenant Regarding Real Property 2015-0358304COVENANT REGARDING REAL PROPERTY
Frank Malcangio, Jr. Family Trust dated November 30, 2001 ( "OWNER" hereinafter), is the
owner of real property commonly known as 14055 Arbolitos Drive, Poway, CA 92064 ( "PROPERTY
hereinafter) and more fully described as:
Lot 223 of City of Poway Tract No. 4191 -3BR, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 12082, filed in the Office of the
County Recorder of San Diego County, California, May 27, 1988.
Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the
approval of Building Permit 15 -0543, a request to construct a detached guest house at the above -
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the
detached guest house shall never have complete kitchen facilities installed and will not 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 detached 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'
fees, from the other party.
OWNER: Frank Malcangio, Jr. Family Trust dated November 30, 2001
Dated:
Dated:
Dated: wilel J
Malcangio, Jr.,
Paula A. Malcangio, Trustee
CITY OF PO AY:
By:
R rt J. Manis, irector of ev opment Services
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Di 2015- 0358304
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-
RECORDING REQUEST BY: )
Jul 08, 2015 04:36 PM
OFFICIAL RECORDS
CITY OF POWAY
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $18.00
WHEN RECORDED MAIL TO: )
PAGES
CITY CLERK )
CITY OF POWAY )
P 0 BOX 789 )
POWAY CA 92074 -0789 )
(This space for Recorder's Use)
APN: 314- 801 -03
COVENANT REGARDING REAL PROPERTY
Frank Malcangio, Jr. Family Trust dated November 30, 2001 ( "OWNER" hereinafter), is the
owner of real property commonly known as 14055 Arbolitos Drive, Poway, CA 92064 ( "PROPERTY
hereinafter) and more fully described as:
Lot 223 of City of Poway Tract No. 4191 -3BR, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 12082, filed in the Office of the
County Recorder of San Diego County, California, May 27, 1988.
Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the
approval of Building Permit 15 -0543, a request to construct a detached guest house at the above -
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the
detached guest house shall never have complete kitchen facilities installed and will not 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 detached 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'
fees, from the other party.
OWNER: Frank Malcangio, Jr. Family Trust dated November 30, 2001
Dated:
Dated:
Dated: wilel J
Malcangio, Jr.,
Paula A. Malcangio, Trustee
CITY OF PO AY:
By:
R rt J. Manis, irector of ev opment Services
i�_C .c
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CnRL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia )
County of 50.r741e`± p )
On before me, Il oS4L Mart a Mar fin ez, !Ua lkqj 19" It C
to Here npinsert Name and Title of the Officer
personally appeared bs2ai< m (I�n�ro Jr and PL a A- ma
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor(s whose name(O -Ware
subscribed to the within instrument and acknowledged to me that #w/she /they executed the same in
hisfher /their authorized capacity", and that by hW4;w /their signature soon the instrument the person
or the entity upon behalf of which the person(js 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.
got,, ROSA MARIA Z11 WITNESS my hand and official seal.
Commission No. 2080934
NOTARY PUBLIC - CALIFORNIA Signature
SAN DIEGO COUNTY
My Comm. Expires SEPTEMBER 7,101! Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F] Other:
Signer Is Representing:
Signer's Name:
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
• Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: