Covenant Regarding Real Property 1999-0544553
, . DOC . 1999-0544553
_ ;- f_ 2399
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RECORDfNG REQUEST BY ) AUG 06, 1999 8:33 AM
)
CITY OF POWAY ) [FfICIAI. ImRDS
) SAIl DIEGO t1IUNTV RECIIRDER' S OFfICE
WHEN RECORDED MAIL TO' ) GmlIlRV J. SlIITH, t1IUNTV RECORDER
) IlIIrnllll~.OOIIIII ~I r
CITY CLERK )
t~ CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 ) 1999.0544553
/J;f )
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
James and Tamara Zehentbauer, Joint Owners, ("OWNER" hereinafter) 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 275-800-01 "PROPERTY(hereinafter). In consideration of the approvai of building permit
to construct a 550 square foot guest house on the referenced property by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees. 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, 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 at the
request of the OWNER, 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 OWNER.
Dated:
7-,2 :i-17
~
Dated: '7 Ii:,> /')a,
I I
Tamara zehenfauer, 0
7/'J.3(97
CITY OF POWAY
Dated:
-, C~tIFORNIA ALI..~PURPol ACKNOWLEDGMENT
2_0
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::~'o' TJ:,.
On ~ Q.? /Cf9'l before me, ~ ~
c1 I' ~ate
personally appeared ~
IJ~
Name(s)of Signer(s)
~
1------------
@ VIVIAN MAClIS
- Commission # 1194527 .~
i' NoIay Public. Confanio ~
j San Diego County f
_ _ _- _My_co:m.:~:~2:~
o personally known to me
.>4. proved to me on the basis of satisfactory evidence
to be the perso~hose narr@ is~ subscribed to the
within instrument and aCkno~ to me that he/sh~
executed the same in his/he eir uthorized capacity(ies),
and that by his/he~ignatur~n the instrument the
person:@)lr the entity upon behalf of which the perso~
acted. executed the instrument.
.1
WITNESS my hand and official seal.
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Signature of Notary Pub
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OPTIONAL
Ihough the information below is not.-required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
1itIe(s):
o Partner - 0 Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
D Other. Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top of thumb here
Signer Is Representing:
Signer Is Representing:
ID 1996 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod_ No. 5907
Reorder: Call Toll-Free 1-600-876-6827
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EXHIBIT A
Legal Description
LOT 9 OF CITY OF POW A Y TRACT NO 85.03 ACCORDING TO MAP THEREOF NO
11451, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY,
FEBRUARY 19, 1986 TOGETHER WITH THE NORTHERLY II 00 FEET OF LOT 10 OF
CITY OF POW A Y TRACT NO 85.03 (GREEN V ALLEY SUMMIT UNIT 1) ACCORDING
TO MAP THEREOF NO 11974, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 11,1987, ALL IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL
55 OF RECORD OF SURVEY MAP NO 3842, IN THE CITY OF POW A Y, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1956, SAID RECORD OF
SURVEY BEING IN SECTION 36, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MARIDIAN, IN THE CITY OF PAOW A Y, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE
PARTICULARLY DE;S.CRJIl~..I::>_6~FO~LOWL_ _.
Beg~ at th8 Salt/"eaSt = of Lot 9 of City of ~ Tract NJ. 85-03, r-<ap NJ.
11451, filflCl in ttle Of f109 of the cn.znty ~Jo.;. of &In Dillr;;Io cn.znty, l"ebnJm:y 19, 1986;
~ alcrg th8 East 11rB of said Lot 9, "brth CO' 4B ' 48" Eaat (l'Orth 01' 02 '24" Fast per
Map No. 11451) 227.88 feet to th8 !oL..U-.s-t co....... of said tat 9 said 00<._ being a1 the
5aJther1y 11rB Of l\rrrrya vista Ihtd as rlPnialtW en 0rn8n Valley ~ lhit lob. 2,
Map No. 6596, filed in the..Offi.de of ttle County Rllo.u.de1:' of s.m Di.ego cn.znty, February
25, 1970: t:rence along th8 Sartharly lire of !\nQya Vista Ilce1 all shown a1 said M!op No.
6596, SCuth 64'11'11" I!'aIIt (1<I:In;h 84' 05'CO" west per Map No. 6596) 32.12 feet: therce
leavirY,.] said Scmherly l.ine along 8 J.iryj panillel with llrrl32.CO fMt Easterly of th8
East lire of Lot 9 of said Map No. 1l451, Scuth CO' 48 ' 48" wast: , 226 . 90 feet; tl-er>::e
1eav1rg said parallel l.ine. N::lrth 85' 55 . 32" \\est, 32.05 feet 'to the Po1nt of Begiming.
COVENANT WPD