Covenant Regarding Real Property 1997-0384781
..,.: . tloe " 1997-0384781
; AUG 12. 1997 11=32 AM
RECORDING REQUEST BY: )
) OFFICIAL RECOROS
CITY OF POWAY ) SAH DIEGO COUHTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUHTV RECORDER
WHEN RECORDED MAIL TO: ) FEES: 13.00
) 773
CITY CLERK ) 1111111111111111111111111~Jill~~ 1I1I1111111111111111111
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
XiJfJrN
XUAN THANH TRAN & THANH ~ NGUYEN ("OWNERs" hereinafter) are the owners of real
property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known
as Assessor's Parcel Number 278-423-13 ("PROPERTY" hereinafter). In consideration of the approved
building permtt, by the City of Poway ("CITY" hereinafter), to construct an 552 square foot addition to the existing
second story living area above the garage Odentified on building plans as a "Dance Studioj, OWNERs hereby
agree that the dance studio shall never be rented or leased as a separate untt, kitchen facilities shall never be
installed without first obtaining the required approvals and permits from the City of Poway, and operation of a
home occupation within the premises shall prohibtt clients or employees coming to the residence,
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 552 square foot addition
to the existing second story living area above the garage at the request oflhe OWNERs, the CITY shall expunge
this Covenanlfrom 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 OWNERS.
Dated: 7 /7-q; / q 7
Dated: "7/dP/q 7
"
Dated: 8,15/97
)<:vt.1l4V
Xuan Thanh Tran, OWNER (Notarize)
,~//:"';( 7~,.,.,..",,..-~/c:v~)
Thanh~ Nguyen, OWNER (NotariZe)- -
X()4/J
CITY OF POWAY
By: K:.1..o- ~- ~
Reba Wright-Quastl ,Director of Planning Services
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of 0A \.-i fi--lLt-J i k
County of S--k0 ~ 6 G- 0
On 7/,,'1. Iq7 before me,
I DATEf -r
personallyappearedXl{AtJ THAt0H TJe.I+N 9:. -rHA,JH Xu-tN tJUw't'q
NAME(S) OF SIGNER(S)
~erSOnallY known to me - OR -J8(proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
. _ _ A _ _ _ _ _ _ _ _ _ _ ~r the entity upon behalf of which the
~_ BINH Q. LE person(s) acted, executed the instrument.
O . ~
Comm. '1000662
Cl - : NOTARY PUB.lIC' CAlIF')ANIAQ'ITNES my hand d O()Cial s~.
.., SAN DIEGO COUNTY I~Y
J _ ~ __ _ ~ ~ E~r:s ~O~5._199~ t
,
SIGNATUR OF NOTARY
774
No. 5193
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- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
~ INDiVIDUAL5
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LiMiTED
o GENERAL
o ATTORNEY. iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTfTY(IES)
OPTIONAL SECTION 11
TITLEORTYPEOFDOCUMENT c-olle0MJi /?.~ (?.LAL ror~tr
NUMBER OF PAGES 0"l1..e. U) DATE OF DOC~MENT ..., I....l? /17
/ . I
SIGNER(S) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park. CA 91309-7184
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EXHIBIT A
775
Legal Description
Lot 48 of City of Poway Tract No. 4090-R, in the City of Poway, County of San Diego,
State of California, according to Map thereof No. 11360 filed in the office of the County
Recorder of San Diego County, California, on October 24, 1985.