Covenant Regarding Real Property 2003-04237800
'RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
i
DOC 1 2003 - 4423'780
APR 14, 2003 8:18 AM
. OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 14.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Kraig D. Stahl and Leah M. Stahl, husband and wife as joint tenants, as to an
undivided one -half interest; and Lee Hartness and Priscilla Anne Hartness, husband
and wife as joint tenants, as to an undivided one -half interest, ( "OWNERS" hereinafter),
are the owners of real property commonly known as a portion of Assessor's Parcel
Number 323 - 071 -18 ( "PROPERTY hereinafter), and more fully described as:
Lot 1 of City of Poway Tract No. 97 -02, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 14547, filed in the Office of the
County Recorder of San Diego County, February 19, 2003.
In consideration of the approval by the City of Poway ( "CITY" hereinafter) of
Development Review 02 -09, which includes the construction of an 868 - square -foot
detached guest house, OWNERS hereby agree that no portion of the guest house shall
ever be rented or leased as a separate unit, complete kitchen facilities shall not be
installed, and no gas line and /or 220 ampere electrical service shall ever be installed.
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrance's, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that Development Review 02 -09 expires or is rescinded by City
Council, and building permits are never obtained to construct the proposed guest
house, the CITY shall, at the request of OWNERS, 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
the OWNERS.
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'covenant Regarding Real Property .
Kraig D. and Leah M. Stahl, Lee and Priscilla Anne Hartness
APN: 323 - 071 -18
Page 2
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Dated: y .0
Dated: ` 63
Dated: Jd /'?/z25
Dated: b 3
Dated: 6 - lO - ®, 3
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Kraig D. Stahl, Owner
Leah M. Stahl, Owner
ee Hartness, Owner
^^
Priscilla Anne Hartness, Owner
CITY OF POWAY:
By:
Niall Fritz, Director of Developm nt Services
CALIFORNIA ALL -PURR ACKNOWLEDGMENT •
State of IL dti " m
County of >Ca . t eeV ")
On / / b 4 '3 before me, �� �� �� / �� �cr¢� !/dd �ti / C-
data Name and Title of Officer e
( g.,'Jane Doe, Notary Publ' '
personally appeared
emg Pt Signer(sl
❑ personally known to me – OR – iWproved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) i6 /are subscribed to the within instrument
and acknowledged to me that 4efehe /they executed the
same in.bis/her /their authorized capacity(ies), and that by
A ER his/hw /their signature(s) natures on the instrument the person(s),
MELISSA WEAVER g O p O,
'a COMM. #1377571 or the entity upon behalf of which the person(s) acted,
g NOTARY PUBLIC •CALIFORNIA$ executed the instrument.
SAN DIEGO COUNTY
CamlNssion E�yires OCT 1, 2006
WITNESS my hand and official seal.
Signature of Notary Publk
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Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer
R
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
❑ General
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
,1. OFSINNER'
Signer's Name:
El
0
Number of Pages:
a
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
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