Covenant Regarding Real Property 2001-0365805
- , RECORDING REQUEST. DOC .2001-0365805
, ) 4,839
,'; )
CITY OF POWAY ) JUN 05.. 2001 8:21 AM
-WHEN RECORDED MAIL TO: )
) OFFICIAl.. m:GRllS
} SAN DIEGO llJOOV RECORIIR' S OFFICE
CITY CE~RK ) GREIlllRV J. SIlITH, COUNTV Ii'EClJRDER
CITY OF POWAY ) FEES:" 13.00
POBOX 789 )
POWAY'CA 92074-0789 ) (Tt r-IIIIIIIIIII 11111 111111111111111 11111 /J11111111111111111 1111111111111-
)
No Transfer Tax Due )
2001-03S5B05
~ COVENANT REGARDING REAL PROPERTY
John E. G. Matze and Dawn,T. Matze, as Trustees of the Matze Family Trust dated
January 8,1998, Owners, ("OWNERS" hereinafter) are the owners of land described in Exhibit
A which is attached hereto and made a part hereof and which is commonly known as
Assessor:s Parcel Number 277-200-12 located at 18060 Old Coach Drive, Poway, CA
("PROPERTY hereinafter). In consideration of approval for MORA 00-141 and a building permit
to construct a 900::2.. square foot guest house on the referenced property by the City of
Poway ("CITY" hereinafter), OWNERS hereby agree that. no portion of the guest house 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
future owners, encumbrances, successors, heirs, personal representatives. transferees and
assigns of the respective parties.
In the event that buil9:ing permits are never obtained to construct the proposed Clddition
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:
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Dated:
CITY OF POWAY
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ent Services
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EXHIBIT A
Legal Description
LOT 12 OF THE CITY OF POWAY TRA<:T NO 89-13R THE HERITAqEPHASE 1, UNIT 1. IN THE CITY OF
POW A Y,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOFNO
13708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17,
1998.
N :\city\planning\oda\heritage.cov .doc
, : A 484.
C~tUFQRNIA ~LL"PURPtJl!fE ACKNOWLEDGMENT'
before me,
~,6. mitt 2{', -rr:;;;r' ~~~" ('-T'J"flJa.7;;:"o') 17 F r;-,
, Name(S).6fSigne-r(sl '
D personally'known to me -OR -fD1Jroved to me on the basis of satisfactory evidence to be theperson(s)
whose name(s) ~/aresubscribed to the within instrument
and acknowledged to me that ReIs~ executed the
same in l:Ii&/her/[llillrauthorized capacitv(ies) , and that by
-ITis/her!.!lliili si(Jnature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
State of (Jf}LI (7) I2AJ I f!
County 6f S4/l Ditt}O
On mfJJ4 ~b," 2()O /
personally appeared \ ft)h f}
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A ~.~.::'... . S. an.Diego county. .~~.~.;r<:
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Though the information below 'is not required by law, it may prove valuable to persons.refying on the document and could prevent
fraudulent removal and reattachment orthis form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:'
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D: Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other' Top of thumb here
Number of Pages:
Signer's Name:
D Individual
D CorRorate Officer
Title(s)
D Partner - D Limited D General
D Allorney-incFact
D Trustee
D Guardian or Conservator
o Other' Top of thumb here
-
Signer Is Representing:
Signer Is Representing:
e 1994 National Notary Association. 8236'Remmet Ave., P,O.'Box 7i84 . Canoga Park, CA 91309-7184
Prod,"Nc, 5907
Reorder: Call Toll'Free 1:800-876-6827