Covenant Regarding Real Property 1999-0609820
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, RECORDING REQUEST BY )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO' )
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
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~ No Transfer Tax Due )
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DOC. 1999--0609B20
SEP 03. 1~99 8:~2 AM
OfFICIAL RECORDS
SAN DIEGO aJIJNTY RECORDER'S OFFICE
GWiIlRV J. SMITH, ClJOOV RECORDER
FEES: 16.00
2124
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Craig and Janet Schell, 'joint Owners, ("OWNER" hereinafter) of land described)n Exhibit A
which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel
Number 275-520-12 "PROPERT'i"(hereinafter), In consideration of the approval of building permit io
construct a 499 square foot pool house on the referenced property by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees that no portion of the pool house shall ever be rented or ieased 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties,
In the event that building permits are never obtained to construct the proposed guest house aUhe
request of the OWNER, the CITY shall expunge this Covenant from the record tille of the PROPERTY
If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing
party shall be en tilled 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 OWNER.
Dated:
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Dated:
Dated:
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT
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County of
SAN DIEGO
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State of California
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On JULY 28, 1999
Date
, before me, JANET R. EGGERT, NOTARY PUBLIC
Name and Tille of Officer (e,g" "Jane Doe. Notary Public")
personally appeared
CRAIG SCHELL AND JANET SCHELL----------------------
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Name(s) of Sigmir(s)
Xl personaily known to me
o proved to me on the basis of satisfactory
evidence
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.' , IN8 "B:Gllr~'~};..:'.
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to be the persqn(s) whose name(s) XilS/are
subscribed to the within instrument and
acknowledged to me that jq~/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
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WITNESS my hand and official seal.
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OPTIONAL
Though the information below is,not required by law,. it may prove valuable to,persons relying on the document
and could prevent frEwdtJlent removal and reattachment of this form to another document.
Place Nolary Seal Above
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Description of Attached Document
Title or Type of Document: COVENANT REGARDING REAL PROPERTY
Document Date:
JULY 28, 1999
Number of Pages:
-2-
Signer(s) Other Than Named Above: NIALL FRITZ, DIRECTOR OF DEVELOPMENT SERVICE
Capacity(ies) Claimed by Signer
Signer's Name: CRAIG SCHELL AND JANET SCHELL
@ Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other'
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Si9ner Is Representing:
THEMSELVES
JANET SCHELL
CRAIG SCHELL
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@ 1997 National Notary Association 9350 De Soto Ave.. P.O. Box 2402 Chalsworlh, CA 91313.2402
Prod, No, 5907
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Reorder: Call TolI.Free 1"800"876-6827
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5794298.
POWAY PLANNING iT
PAGE 02
08/13/1999 11'15
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GOVERNMENT CODE 27361.7
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I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
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JANET R. EGGERT
Name of the Notary:
Commission Number:
1056038
D C ... E' SEPT. 2, 1999
ate om mIssIon xplres:
County Where Bond is Filed.
SAN DIEGO
Manufacturer or Vendor Number:,
(Located on both sides of the notary seal border)
NNA1
Signature:
e lif applicable)
Place of Execution:
SAN DIEGO, CALIFORNIA
Date:
7/28/99
n~c. Forfll Ifn I 0 IRe" 7/96)
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EXHIBIT A
Legal Description
LOT 75 OF GREEN V ALLEY HIGHLANDS UNIT NO 2, IN THE CITY OF POW A Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 6596, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY JUNE 24, 1987