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Covenant Regarding Real Property 2000-0706761RECORDING REQUEST BY: TO: 2882 DOC 2000-0706761 DEC 27, 2000 8:25 AM OFFICIAL ~ DIEGO COUNTY EK"tt~'S ORrlCE No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Joseph and Catherine Bayani ("OWNER" hereinafter) is th "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 317-520-31 ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver 2000-03 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district and to pay a pre rata share of future undergrounding costs. This Covenant shall mn with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, heirs, personal representatives, :l assigns of the respective parties. In the event of litigation to enforce the p ' ' I this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: /,~- .5- ~o Dated: sepl~ Bayani, OWNER (Notarize) Catherine Bayam, OWI~R (Notarize) CITY OF POWAY Niall Fritz, Director of Qe~velopment Services 2883 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 AND PARCEL 2 OF PARCEL MAP 18566, iN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP WAS FILED BY THE COUNTY RECORDER OF SAID COUNTY ON OCTOBER 18, 2000. 2884 CALIFORNIA ALL-PURPOSE LEDGMENT N0.5907 State of County of On [") DATE personally appeared before me,(~ ~ ~ ~ /~ C [] personally known to me - OR - [~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .~,,/are subscribed to the within instrument and ac- knowledged to me that l'mC~/they executed the same in ~/their authorized capacity(ies), and that by t:i:~A~e~their signature(s) on the ' the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SI( OPTIONAL CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL DESCRIPTION OF AI-I'ACHED DOCUMENT [] PARTNER(S) TRUSTEE(S) OTHER: TITLE(S) [] LIMITED [] GENERAL SiGNER(S)