Covenant Regarding Real Property 1996-0031783
896
DO~ ~ 1996-0031783
23-JAN-1996 09:09 AM
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF; 7.00 FEES: 13.00
AF: 5.00
MFi 1. 00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Cornelius and Barbara Dutcher, Husband and Wife as Joint Tenants C'OWNERs. hereinafter) are the
owners of real property described in Exhibn A which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 273-123-03 ("PROPERTY. hereinafter). In consideration of
an approved building permit to construct a 530 square foot guest house by the City of Poway rCITY"
hereinafter), OWNERs hereby agree that the guest house shall never be rented or leased as a separate unn
and no kitchen facilities shall ever be installed without first obtaining the required approvals and permits from
the City of Poway.
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that building permits are never obtained to construct the proposed guest house at the
request of the OWNERs, 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.
The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this
Covenant against OWNERs.
Dated: ~ . 1<.. 141':,
e~... ~ ~r~ ~1&>
Cornelius Dutcher, WNER (Notarize)
Dated:
~4"'- . 1'2... I if (.,
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13G.-rb6ul,t- 'V~i ck..v--'
Barbara Dutcher, OWNER (Notarize)
CITY OF POWAY
Dated:
/ / /2 fJ(P
,
By:~tJ' I/l.O./.J
Reba Wright-Qua ler, Director of Planning Services
89 "-
State of
County of
On ~/~?;;!c)6 before me, ~A[k;1,~:'~-;:'~~~U.LlC.'
personally appeared (};rl7~pa.f tlI1d 13tl;r6~
(NAMEISI OF $IQNERISll
/) ti.--h:A.e-r
o personally known to me -OR- ~
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
~re subscribed to the
within instrument and
acknowledged to methat
tIeI~/they executed the
same in ~/their
authorized capacity(iesl.
and that by hili-/ae'r/their
signature(s) on the
instrument the person(sl,
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
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Witness my hand and official seal.
(SEAll
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ISI~OTARYI
ATTENTION NOTARY
RIGHT THUMBPRINT (Option.l)
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ffPACITY CLAIMED BY SIONERIS)
~IVIDUAlIS)
OCORPOAA TE
OFFICER(5)
/TITLESI
DPARTNERISI OUMITED
DGENERAL
DA TIORNEY IN FACT
OTRUSTEEISI
DGUAROIAN/CONSERV A TOR
DOTHER:
SIGNER IS REPRESENTING:
(Name of Personll) or Entity(iel'
7/;M#sd(.es
RIGHT THUMBPRINT (Optlonall
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CAPACITY CLAIMED BY SIGNER IS)
OINDIVIDUAl(SI
OCOAPORATE
OFFICEAISI
CTtTlESI
The information requested below and in the column to the right is OPTIONAL
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI OUMITED
unauthorized document. OGENERAl
/l - /J b'~. DATTORNEY IN FACT
THIS CERTIFICATE Tole o,Type ofOocument!' 7j YMtl~.-f /fo/~rld /If OTRUSTEEIS)
MUST BE ATTACHED a/ _, /II?.....~UARDIAN/CONSERVATOR
TO THE DOCUMENT Number of pages..2..- Date of Document / - /2 - /'"., ~ . '1'OOTHER:
DESCRIBED AT RIGHT:
Signerlsl Other Than Named Above ~
Mi /McR# ~13-1;;J3-{)3
WOLCOTTS FORM 63240 Rev. 3.94 lprice clns 8-2AJ <01994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTYfRE?RESENTATIONfTWO FINGERPRINTS
SIGNER IS REPRESENTING:
(Name of Person(s) or Entitv(ies)
7 11~~~~llll~IJI!tm 8
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898
LEGAL DESCRIPTION
Lot 51 of VALLE VERDE COUNTRY CLUB ESTATES, in the City of Poway, County of
San Diego, State of California, according to map thereof No. 4683, filed in
the Office of the County Recorder of San Diego County, December 21, 1960
EXHIBIT A