Covenant Regarding Real Property 1997-0184156-;
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RECORDING REQUEST BY:
CITYOF:POWAY
WHEN'RECO~DEP MAILTO:
CITY CL:ERK
CITY OF POWAY
POBOX 789
POWAY CA92074-0789
No Transfer Tax Due
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Dt " 1997-0184156
22-APR-1997 11:24 AM
OFFICIAL RECOROS
SAN DIEGO COUNTY RECOROER'S,OFFICE
GREGORY SMlTH,COUNTYRECOROER
RF: 7;00 FEES: 13. 00
AF: 5.00
NF: 1. 00
1477
(This space for Recorder's Use)
COVENANT REGARDING REALPROPERTY
, , StanislaW,Ratyci,and Magaret Zajdel are the owners,,(:OWNERs",hereinafter) orland des'tribed,in
Exhibit A which is attached hereloand ma,dea part hereof arid which is commonly known as Assessor:s
,parcel Number 321-410-11 ("PROPERTY" h~reinafter). In <<on~ideration of the approval 6fUnderground
Waiver 96-03 by the City of Poway ("CITY" her~inafter), OWNERs her,eby covenahts and agrees for the
benefit of the CITY, not to oppose a utilities undergrounding district and to pay a pro rata share of future
undergrounding costs..
This Covenant shall run with the land and be binding upon,and,inure to the benefit of.the future
owners, encumbrancers, successors, heirs, personal representa'tlves, transferees and assigns of the
respective parties,
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 co"ts, including reasonable attorl'leys'fees, from the other party
The CITY may assign t~persons impacted by the performance f this Covenant the right to enforce this
Covenant against OWNERs.
Dated:
t( /6- 97
Dated:
~, /6- 97
Dated:
By:~, -;(;J~B ,-d~~
RebaWright"Qua ler, Director. of Planning Services
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:LECGAL DESCRIPTION
1478
PARCEL A
Lot 43, in the City of POWAY TRACT NO 86-01, UNIT NO 2, in the City oE Poway,
County of San Diego, State of California, according, to Map thereof No '12401,
filed in the Office of the County Recorder of San Diego County, June 15, 1989
PARCEL B
An easement for private road, maintenance, utility, pedestrian and vehicular
pl}.rpo?~s over, unqer I al~:mg and ~c;.ross the Southerly and Southeasterly -10 ,feeet
of Lot,,44, in, the City of 'POWAY TRACT NO 86-01, UNIT NO 2, in the city oE Poway,
:County of. San Diego, State of California, according to Map thereof No 12401:1
.fi}ed in the Office of the County Recorder of San Diego County, June 15, 1989
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CALIFORNIA
ALL-PURPOSE
ACK:NOWLEDGEMENT
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STATE OF CALIFORNIA
COUNTY OF ~~
On
4- fir C!1
DATE
before me, ..2t.{Z2El-fe. N/-e~~
NAME. TITLE OF OFFICER'E:G,. "JANE DOE. NOTARY PUBLIC"
personally appeared,
,'personally known tome'(or proved tome on the basi of'salisfactory idenc 0 e the person(s)
~'.\name(S)~SUbSCribed to t~thin instrument and acknowledged to me that he/she/
, ,lney xecuted the same in hiS/he(their....-a:uthorized capacity(ies), and that by hiS/~
Ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
-,
1&1--' I-ll'~-_u-
- i@- on",,,,,- -I
- ". ZUZZETTE NIETO
! NOTARY PUBLlC'c, ALlFORNI.Aill
,'" ' '. . COMM. NO.1 1,12603 . '"
,. , SAN DIEGO COUNTY -
. MY cOMM. EXP. SEPT. 29; 2000 ,.
WITNESS mY-hand andofficialseal. -
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(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT _ (I ~()J ~~'f!J~ ~jl1J..({/+
DATE OF DOCUMENT Jf-It../- r?l. - NUMBER OF PAGES ;;L
SIGNERtS)OTHER THAN NAMED ABOVE