Covenant Regarding Real Property 1999-0434211
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DOC' 1999-0434211
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RECORDiNG REQUEST BY:
JUN 22, 1999 8:19
OFFICIAL,RECQRDS - "
SAN DIEGO COUNTY RECORDER'S:OFFICE.
GREGORY J. SMITH. COUNTY RECORDER
FEES: 13.00
CITY OF POWAY
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(This space for Recorder's Use)
AM
WHEf:,fRECORDED MAIL TO:
CITY CLERK
CITYOF POWAY
P 0 BOX'789
POWAY CA 92074-0789
No Transfer Tax Due
COVEN,lI,NJREGARDING REALPROPERTY
John E. G. And Dawn T Matze, Owners, ("OWNER" hereinafter) of land described in Exhibit A which
is attached he!eto and made a part hereof'andwhich is commonliknown as Assessor's Parcel Number 273-
102-19 "PROPERTY(hereinafter). In consideration of the apprcivalof Minor Development Review 99-17 and
an approved building permillci ccinstruct a.guest suitewithin a residence located onthe referenced property
by the City of Poway ("CITY".hereinafter), OWNER hereby agrees that no portion of the guest suite shall ever
be rented or leased as a separate unit and complete 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.
v~' 'In the event that building permits are never obtained to construct the proposed guest house at the
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request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY
Ilf either. party Is required to incur costs to enforce the provisions'of this.Covenant, the prevailing party
shali'be entitled to full reimbursement of all costs, including reason~bieattorneys' 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.
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g.aled: 1..//7 /9 '1
Dated: If! 7/ '71
CITY OF POWAY
Dated:') &.II, (.,.,
By.L~^thA -(
Ron L. Ballard,lnlerim Director of Planning Services
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LEGAL DESCRIPTION
Lot 46 of City of Po way Tract 88-11, in the City of Po way, County of San Diego, State of
California, according to Map thereof No. 12761, filed in the Office oflhe County Recorder of
San Diego County, December 28, 1990
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF Son ])/e1?J
On A-or;f II/qqCJ
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be/ore me, 0mara K OeCOt--!-b
, Notary Public,
personally appeared J 0 11 n 2. G-. ;.// /rTZ-G Q n d
ba W AJ T. )/} A- T2j.:;'
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fil€rGoAally kl ,eWA te ffiEl (or proved :0 me on the basis of satisfactory evidence) to be the person(s)
whose name(s) Ware subscribed to the w~hin instrument and acknowledged to me that IleIsfleIthey
executed the same in RisIIleF/their authorized capac~y(ies), and that by hislher/their signature(s) on the
instrument the person(s), or the ent~y upon behaij 0/ which the person(s) acted, executed the
instrument.
Signature ~/~~.~
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$ .,.; _N:lIC-COIfomIO ~
2 . San DIego County t
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WITNESS my hand and official seal.
(Seal)
SF.9474-8 (Rev. C. 6195)