Covenant Regarding Real Property 2001-0270784
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2001 "0270784
DOC , 2001-0270784
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RECORDING REQUEST BY
CITYOFPOWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POW A Y
POBOX 789
PO WAY, CA. 92074-0789
5841
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MAY
01.
2001
8:40
Ai"l
OffICIAL RECORDS
SAN DIEGO COUHTV RECORDER'S OFFICE
GREGORY J. SMITH, COUNTV RECORDER
FEES: B.OO
(This space for Recorder's Use)
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No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
BOS I Poway, LLC. Owner, Brett Ames, Authorized Representative, ("OWNER"
hereinafter) of rea] property described in Exhibit A which is attached hereto and made a part
hereof and which is commonly known as Assessor's Parcel Number 277-200-07 ("PROPERTY"
hereinafter). In consideration of the approval by the City of Poway ("CITY" hereinafter) of
Minor Development Review 99-18], involving a 400 square foot 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, persona] representatives, transferees and assigns
of the respective parties.
In the event that Minor Development Review 99-18] expires or is rescinded by City
Council and building permits are never obtained to construct the proposed addition, CITY shall at
the request of 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: /ltatth ~ O~/ BY'
(Notarize)
tt Ames, Authorized Representative
OS I Poway, LLC
Dated:
L-(. 2<J.t)(
CITY OF PO\f'Y _ /J~ ~
BY' 'ut.Q .7' /7.
Niall Fritz, Director of Develo m t Services
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EXHIBIT A
5842
LEGAL DESCRIPTION
LOT 7 OF CITY OF POWAY TRACT NO 89-13R, THE HERITAGE, PHASE I, UNIT
1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 12708. FILED IN THE OFFICE FO THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 1998.
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CALIFORNIAALL.PURPOSE ACKNOWLED,GMENT 5843
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State of California
County Of" :Jv; !1~
on~~()t11}/ ,before me,
personally ap;:::ed 6reF C
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JEANNE:SEUS
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Place Notary ~eal Abo~e
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Name(s) oISigner(s)
Vpersonally known tome
/ [l 'proved to me, on the basis of satisfactory
evidence
to be the p~rson~ whose nameOO is/af9
subscribed to the' within instrument and
acknowledged to me that he/sAe/lI,t.y executed
the same in his/hor/tRcir authorized
capacity(~,. and that by his/her/thoir
signaturei!(),on the instrument the personlx), or
the entiiy upofl behalf of which the person(V
acted, executed the instrument.
my hand and official ~eal.
Signa eolNotary Public
OPTIONAL
Though the iriform?tion below is,noueqwrea by Jaw, it may prove valuable to PfJfSons relying on the document
and could prevent trjfudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
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Capa!i'ity,(ies),Claimed by Signer
Signer:s. Nam_e:
D Individual
D Corporate Officer - Title(s):
D Partne'r - D,Limited D General
D Attorney in Fact
D Trustee
o Guardian or 'Conservator
D Other'
Signer Is Representing:
Number of Pages:
Tcip:ot Ihumb here
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@ 1997 National Notary Association 9350 De Soto A~e . P.O. Box 2402 Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll Free 1-800876-6827