Covenant Regarding Real Property 1997-0384766
. . 4IDOC U 1997-0384766
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AUG 12. 1997 11=30 AM
RECORDING REQUEST BY: )
) OFFICIAL RECOROS
CITY OF POWAY ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH. COUNTY RECORDER
WHEN RECORDED MAIL TO: ) 742 FEES: 13.00
)
CITY CLERK )
CITY OF POWAY ) IIIIIII \1\\\ IIII Illl!! lll~Jilll 1111\ IIIII IIIII IIII IIII
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
SCOTT A. KAISER rOWNER" hereinafter) is the owner of real property described in Exhibn A which
is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 278-
462-23 C'PROPERTY" hereinafter). In consideration of the approved building permit to construct an 800 square
foot detached garage, OWNER hereby agrees to obtain the required approvals and permns prior to converting
any portion of the detached garage to living area, the detached garage shall never 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,("CITY" hereinafter).
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 detached garage at the
request of the OWNERs, 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 OWNERS.
Dated:
d1/f-7
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Scott A. Kaiser OWNER (Notarize)
CITY OF POWAY
Dated:
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By: ~ ZJ. ......c-r~
Reba Wright-Ouastl ,Director of Planning Services
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ALL-PURPOSE ACKNOWLEDGMENT
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743
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,- State of California } SS. -,
County of :S<l<\Aol. '~yn
i On ~ ;-:t8) It. , 1'197 before me, c; IJ~ t> , /\-L ;;:::;"fl-f (f? ILL i
,- personally appeared <::'("'/)IT I) LAII k 14/ ,P' ~ ,-
SIGNER{S)
i 0 personally known to me - OR- ~ proved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) _
, is/are subscribed to the within instrument and ,
. acknowledged to me that helshe/they executed -
, the same in his/her/their authorized ,
· I 1 1 ' -- 1 capacity(ies), and that by his/her/their -
, @'OFFICIALSEAL'
..' '-" < GUROIAL SINGH GILL signature(s) on the instrument the person(s),
- ~: .. . NOTARYPUBl1C'CALlFORNIA~ or the entity upon behalf of which the ,-
, '" COMM. NO. 1142419 -
l ' ,. SAN DIEGO COUNTY J person(s) acted, executed the instrument.
_ ~" ,." MYCDMM.EXP.JUNE_18,~1
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- WITNESS my hand and official seal. i
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DESCRIPTION OF ATTACHED DOCUMENT t
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f,,{o.-d.'~ ~t- ~ c.'~ ~ 1'<>4JJ
Tll'tE OR YPE OF 0 UMENT 1
3 -
NUMBER OF PAGES ,
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NOTARY'S SIGN TURE
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OPTIONAL INFORMATION
The informalion below is nol required by law. However, it could prevent fraudulent allachment of this acknowl-
edgment 10 an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
o INDNIDUAL
D CORPORATE OFFICER
TITLE{S)
D PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
7/ V?~11x
I DATE F D UMENT
OTHER
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SIGNER IS REPRESENTING:
NAMe OF PERr;.(S~R~IES)
RIGHT THUMBPRINT
OF
SIGNER
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APA 5/97
VALt.EY-SIERRA.800-362,3369
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EXHIBIT A
744
Legal Description
Lot 45 of City of Poway Tract Map 84-08, in the City of Poway, County of San Diego, State
of California, according to Map thereof No. 12044, filed in the Office of the County
Recorder of San Diego County, April 18, 1988, together with those portions of Harvest
Court as vacated by Resolution No. 91-120 of the City Council of the City of Poway
recorded November 1, 1991, as Document No. 91-0567612 of Official Records, which
revert by operation of law to said Lot 45.
Reserving an easement for ingress and egress purposes, over, upon and across said
portions of Harvest Court which easement is appurtenant to the "Properties. as
"Properties" described in that certain Grant of Private Street Easements and Declaration
of Covenants Pertaining to Poway Tract 84-08 Road Maintenance Association, recorded
November 1, 1991, as document No. 91-0567613, Official Records of San Diego County,
California.
FURTHER RESERVING THEREFROM, in gross for the Grantor, together with the right to
grant to others, an easement for the installation, maintenance and replacement of water
and other utility type lines and appurtenances, over, under, through and across that portion
of Harvest Court,