Covenant Regarding Real Property 1997-0509717
-~, . 4IOOC n 1997-0509717
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. OCT 14. 1997 8:05 AM
RECOROING REQUEST BY: )
) OFFICIAL RECORDS
CITY OF POWAY ) SAH DIEGO COUHTY RECOROER'S OFFICE
) 509 GREGORY J, S~ITH, COUHTY RECORDER
WHEN RECORDED MAIL TO: ) FEES: 13.00
)
CITY CLERK l~ \ 111\\1 \1\1\ 111\ 1\lllllll~J~)~ \11\1 \1111 \\1111111 \111
CITY OF POWAY
POBOX 789 ) ?J~
POWAY CA 92D7~789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
James R. and Patricia A. St. John Irrevocable Trust are the owners ('OWNER' hereinafter) of land
described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as
Assesso(s Parcel Number 321-410-34 ("PROPERTY" hereinafter). In consideration of the approval of Minor
Development Review 97-53 and an approved building permn to construct a 740 square foot second story
guest suite (wnhin a single family residence) by the City of poway ("CITY" hereinafter), OWNER hereby
agrees that no portion of the guest sune shall ever be rented or leased as a separate unn and knchen facilities
shall never be installed without first obtaining the required approvals and permits from the City of Poway,
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:
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Dated:
CITY OF POWAY
Dated:
By: ~
Reba Wright-Quastl
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STATE OF CAUFORN'A flM \, Lf
COUNTY OF )() U
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, before me, rPJU/^1 ~~ ,
::JO-me.s (( Ss{,-:Jt'AJ'l + P/L-{Y,(C,f'tJ.,.. A, y. "irA-r---
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personally appeared
, personally knmvn ttrffie-.
(or proved to rne on the basis of satisfactory evidence) to be the person~hose name&is~
subscribed to the within instrument and acknowledged to me that he/she/~ executed the same
in his/her/t~uthorized capacity~ and that by his/her/~signature@ on the instrument the
person~r the entity upon behalf of which the personi9 acted, executed the instrument.
Signature
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[j. .,. MARYANN FISK s:
, . Comm. #1085229 "
'2 :>.......~..: NOTARY PUBLIC. CALIFORNIAn"'
~., ~ SAN DIEGO COUNTY
'f-: <t..'!. Comm. Exp. Jan. 31. 2000 ~
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WITNESS my hand an
(ThiS area for offiCIal notarial seal)
3008 (1(94) (General}
First AmenC<ln '"lt1e Insurance Company
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511
LEGAL DESCRIPTION
Lot 66 of City of Poway Tract No. 86-01, Unit No.2. in the City of Poway,
County of San Diego. State of California, according to Map thereof No. 12401,
filed in the Office of the Couty Recorder of San Diego County, June 15, 1989.
EXHIBIT A