Covenant Regarding Real Property 2001-0727101
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.." _;. .r-.:: :RECORDING REQUEST.: ) DOC. 2001-0727101
)
CITY OF POWAY ) OCT 09, 2001 8:24 AM
) ll5i-f
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
~(l ) SAN DIEGO, COUNTY RECORDER'S OFFICE
W CITY CLERK ) GREGORY J.SMITH, Clll.INTY RECORDER
CITY of POWAY ) FEES: 10.00
POBOX 789 )
POWAY CA 92074-0789 ) -lillllll~ j~ jl~1 II! fif jllllmll II/Hill ~
)
No Transfer Tax Due )
2001-0727101 .
COVENANT REGARDING REAL PROPERTY
Stephen.PaLiI Fuchiganii an'd Lynn Shizue Fuchigami, husband and wife as joint tenants,
Owners, ("OWNERS" hereinaft~r) are the owners of larid which .is' commonly known as
Assessor's Parcel Number 323-262,12 located at 13956 Chancellor Way, Poway, CA
("PROPERTY hereinafter), and more fully described as:
Parcel 2 in'the City. of Po way, County of San Diego, State of California,
as shown at Page 6505 of Parcel Maps, filed in the Office of the County
Recorder of Sari Diego County, October 31,1977
In consideration of approval for MDRA 00-136 and a building permit to construct a 510-
'square-foot attachedgueshquartE?rs oD the referenced property by the City of Poway ("CITY"
., . .
hereinafter), OWNERS hereby agree that no portion of the,guest quarters shall ever be rented
or leased as a separate unit and kitchen faCilities shall never be installed.
This Covenant shall run with the land and be binding upon and inure to the benefit of the
futureownElrs, encumbrance,s. successors, heirs, personal representatives, transferees and
., assigns of the respective parties.
In the event that building permits are never obtained to construct the proposed addition
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 reasoflable
attorneys' fees, from the other party The CITY may assign to persons impacted .by the
performance ofthis Covenant the right to enforce this Covenant against OWNERS,
Dated: 10 -3 ",tJ /
.
Dated: /0/:3/0/ ,
, Owner
Dated i6? A/o f By'
evelopment Services
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.... /6Dl-19 O/-/9,;J.
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. ~ '~lCAtlFORNIA,Ai.L.PUR.E ACKNOWLEDGMENT .
State of Cdl;~i2-N i Q 1752
County of Set N b i (-"30
On lO (tJ?, r () I before me, M ,A ,Qf'\-n~'("J&. N o+ae.~ Pub! !.C-
Date ~ Name aiidTitle of Officer (e.g., .~ne Doe, Notary Public)
personally appeared 5-k.pneN feu-cl f\Jc..\)~nrY)\ nloJ\) l'fNI~ Sh:-2L!c:.
... Na e( oISigner(s) FVG..-h; am I
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be~e person~
whose nam~subscribed to the within instrument
and acknowledged to me that J~'i~~executed the
..__ c _ same in ~~~uthorized capacit@ and th~
. ~"':~, .til(~~ si,gna ura:GJlon the instrument the perso
.~' ~',""::;i',,,,,, "., '""" 'p," ",""'" w',,"" "', ""ffiO,j@""'.
",-"," 'CO:TI1T':';'~~_cafllomiQ, ~ executed the instrument.
~'.d, ~ Notary ': . t{~.. -
z" ',- san D"ego coun
MYCOlTun.,Bq:lireSFeb27,:1lJl3 WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not req.uired'by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this. form (0 another document.
Description of Attached Document
Title or Type of Document: C tJV t: 1\1 Cr. I\l T !4z.fjc.UI AJ3 eaavl
Document Date: 1'i'J lnQ.,/() I propee+f
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Tltle(s): Title(s):
o Partner ~ 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney.in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator .
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
(01994 National Notary Association' 8236 Remmet Ave., P.O. Box 7184' Canoga Parn. CA91309.7184 Prod:No 5907 Reorder: Call TolI.Free 1'800-876-6827