Covenant Regarding Real Property 1999-0315329
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RECORDING REQUEST BY. )
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fQ 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 )
DOC .1999-0315329
MAY 10. 1999 8:18 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SilITH, COUNTY RECORDER
FEES: 16.00
(This space for Recorder's,Use)
COVENANT REGARDING REAL PROPERTY
JeffreyFigler and Linda LFigler, 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 278-462-21 "PROPERTY(hereinafter), In consideration of the approval of Minor Development
Review 99-04 and an approved:building permitto construct an attached 1,41'6 squarefoot media room/library
addition on the referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that
no, portion of the media room/library, 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 CITYshall 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:
3-~b-C(<.1
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Jeffre ,~, Owner
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Linda L Figler, Owner
Dated:
3/ If ('f'1
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CITY OF POWAY
Dated:
5 /ro-/tt1
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By' tL~-1
Ron L Ballard.lnterim Director of Planning Services
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LEGAL DESCRIPTION
Lot 43 of CITY OF POW A Y TRACT MAP 84-08, ill the City of Poway, County of San Diego,
State of Cali fomi a, according to Map thereof No. 12044, filed in the Office of the County
Recorder of San Diego County, April 18, 1988.
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Certificate 01 Acknowledgment
State of California
County of ,<JI\-() 0/ SGD
On
State of California, personally appeared
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a Notary Public for the
j)f"r<:onJlllv knowri ,to me (or proved to me on the basis of satisfactory evidence) to be th~s) whose name(s) jWire subscribed to the withiil instrumenl and
aC'knowl~dged (0 me 'that e she/they executed the same inJ!Wher!th. authorized capacit;r(ies), and thai by .!:!i1fher/their signature(s) on (he instrument the
~s). orehe. entityupq half of which the person(s) acted, exec cd the instrument.
WITNESS y han official seal.
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Signature
(Seal)
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'" JANIS D. Me COY
'_@"CommIsslon1t1l769114 J
i . .. NoIary Public- CaliIanIa ~
j '. '!. S<inDlegoCounty : -
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FORM 00211 (Rev 6/94)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN '0/ e fr ()
On )v{ a rc-h
21., , (Cj99
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7 a llViO r t1.. k /~ Fr!.o /'-1-V
before me,
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. Notary Public,
personally appeared
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1= (J )-er
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per$O'1~lIy known to me. (or proved ;0 me on the basis of satisfactory evidence) to be the person(st-
whose name(e) is/are subscribed to the wnhin instrument and acknowledged to 'me that -IleIshellfley
executed the same in -Ili&Iher/theif authorized capacny(iee), and that by, Aislher/theif signature(s) on the
instrument the person(st. or the entny upon beha~ of which the person(s) acted. executed the
instrument
WITNESS my hand and official seal.
Signature
Jt(/YM~-, !( ~-~
€I TAMARA k OECOlTO
$ "a CommIssIon, 1137243
! Notary PIblIc - CalIfomJa
j' San DIego c:...,1y -
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(Seal)
SF.9474-8 (Rev. C . 6195)