Covenant Regarding Real Property 2001-0010150
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1177 JAN 08. 2001 8:25 AM
RECORDING REQUEST BY: ) OFFICIAL Ii'EClIRDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY ) GIiIGORV J. SMITH, COUNTY RECORDER
) FEES: 13.00
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
f~ POBOX 789 )
POWAY CA 92074-0789 )
7f )
No Transfer Tax Due )
COVENANT REGARDING REAL PROPERTY
Thomas J. Pancheri and Bonnie L. Pancheri, 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 278-462-09 ("PROPERTY hereinafter). In consideration of approval for MDRA
98-109 and a building permit to construct a 1,068 square foot pool house on the referenced property by
the City of Poway ("CITY" hereinafter), OWNERS hereby agree that no portion of the pool house shall
ever be rented or leased as a separate un'it and kitchen facilities shali 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 building permits are never obtained to construci 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 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: /2--7.0-00
Dated: }7--::)..o ~Vu
Thomas J. P cheri, Owner
~AAA1 ~ Q~~ )
Bonnie L. Pancheri, Owner
CITY OF POWAY
Dated: 1- ~..f) I
By'
Niall Fritz, Director of Devel
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OI~DIO
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11 '78
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STATE OF r4!,t:.</ri.eP/-f1
COUNTY OF <;;:/?;;::?/ )) / F;(D
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On /;2-;;2o-tJ(j . before me, ~/AI ~ ~R<:Y/
personally appeared T /lei//? /IS IT //l Jj L3 /l6FIT 'l-
Bbdjt}/~ 1--. Y:?/h/r:./lti /!?I . personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i~
subscribed to the within instrument and 'acknowledged to me thathe/sh~ecuted the sa~e
in hislh~iJthorized capacity(ies), and that by hislh~nature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrume t. 't
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WITNESS my hand and official seal. 0(;'>'" ;>:>i' ""~':,;,. '; ):1,\ Q
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Signature
[ThIs Brea for official nolalial seal)
Title of Document
Date" of Document
Other signatures not acknowledged
No. of Pages
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1179
EXHIBIT A
LEGAL DESCRIPTION
LOT 23 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 12044, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, APRIL 18,1988, TOGETHER WITH THOSE PORTIONS OF
THE NORTHWESTERLY Y, OF HARROW LANE AS VACATED BY RESOLUTION NO
91-120 OF THE CITY COUNCIL OFTHE CITY OFPOWAY RECORDED NOVEMBER
1, 1991, AS DOCUMENT N091.~0567612 OF OFFICIAL RECORDS, WHICH
REVERT BY OPERATION OF LAW TO SAID LOT 23.