Covenant Regarding Real Property 2001-0084319
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DOC' 2001-0084319
RECORDINC REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
FEB 14, 2001 8:05
OFFICIAl RECORDS
SAN DlEliO IJJUNTY RECORDER'S OFFICE
GREIillRV J. SMITH, roumv RECORDER
FEES: 10.00
AM
2899
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
David and Janice Katz, property owner(s) ("OWNER" hereinafter) is/are the owner(s) of real
property ("PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number
277-201-03'and is more accurately described below'
LOT 17 OF THE CITY OF POWAY TRACT NO 89-13R THE HERITAGE PHASE 1, UNIT 1, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 13708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 17, '1998.
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development
Review 00-112, involving a 598,sq. ft. attached guest unit, OWNER hereby agrees that the guest
unit shall never be rented or leased as a separate unit and that 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, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Minor Development Review 00-112 expires or is rescinded by City
Council and building permits are never obtained to construct the proposed guest unit, CITY shall
at the request ot"OWNER expunge this Covenant from the record title of PROPERTY
In the event of litigation 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
Dated:
1;2/J1100
OWNER '8):
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By'
Dated:
1J./J1/00
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By '----
Dated:
1/,101
By'
Niall Fritz, DireCtor ofDeve
ent Services
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State of Illinois
SS.
County of Will
I, the undersigned, a Notary Public, in and for the County
and State aforesaid, DO HEREBY CERTIFY, that David P. Katz and
Janice E. Katz, husband and wife, persona~ly known to me to be
the same persons whose name are subscribed to the foregoing
instrument, appeared before me this day in person and
acknowledged they signed and delivered the said instrument, as
their free and voluntary act, and as the free and voluntary act
and deed of said corporation, for the uses and purposes therein
set forth.
Commission expires 11- 9 - 3rYtJ3
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day of
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Given under my hand and official seal,
D<;:Cffl11)U2... OlOO()
"OFFICIAL SEAL"
MAUREEN BENEDETTI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/9/2003
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