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Covenant Regarding Real Property 1995-0103139 CITY OF POWAY } } } } } } } } } ) } } 526 ~c I 1995-0103139 1~-"AR-1995 08149 AM IfFICIAL RECORDS SAN DIEGO COUNTY RECIIDER'S OFFICE GREm SMITH, CIUITY RECORDER RFI 8.00 FEES- if: 7,00 MFI 1. 00 16,00 -- RECORDING REQUEST BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Robert J. Kornafel and Alesandra M. Kornafel, ("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 314-241-13, 14 ("PROPERTY" hereinafter). In consideration of the approval of consideration of a Building Permit for this structure by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the following conditions: The subject garage/shop building shall not be used for human habitation. A kitchen shall not be installed and the building shall not be rented separately from the main house. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs. personai representatives, transferees and assigns of the respective parties. In the event that consideration of a building permit for this structure expires or is rescinded by City Council at the request of the OWNERs, CITY shall expunge this Covenant from the record title of the PROPERTY.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: :s /7-/i~ { { 3/1/95 . . Dated: f I, OWNER (Nota /: CITY OF POWAY Dated: ..3 -'1-"1 S By: .~ W71 -(r~~ LEGAL DESCRIPTION 527 PARCEL 1: THE WESTERLY 94,00 FEET OF THE EASTERLY 471,00 FEET OF THE NORTH 7 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879. EXHIBIT A CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of r~,O- County of ~ O~_~D On ~ 7/ q~ before me, ~~~E~~OFSER_E9lc~1:2,(RY~:~~ personally appeared 0--- rV1 . leu, , NAME(S) OF SIGNEA(S) D personally known to me - OR - ~ed to me on the ba~iJ of satisfactOry. evidence to be the person~ whose nameMeare subscribed to the within in ument and ac- knowledged to me tha e !'Key executed the same in h' r t r authorized capacity~), and that by h~f1teir signatur~_on the instrument the person~, or the entity upon behalf of which the perso~cted, executed the instrument 528 OFFICIAL SEAL SANDll. DURAN NOrMY PUBUC. CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Sept. 19,1995 WITNESS my hand and official seal. ~~- t~l~ ~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent reattachment of this form. CA~ITY CLAIMED BY SIGNER ~DUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S} r>>1/~~~~~, TITLE OR TYP F DOC EN o PARTNER(S) o LIMiTED o GENERAL C).. o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES 3/7 /9~ fATE OPDOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1de,f S )Unn~r SIGNER(S) OTHER THAN NAM ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 CA~IFORNIA ALL-PURPOSE ACKNOWLEDGMENT 529 No 5907 C fiV '>fvt .M.Lo... County of ~U~~ .311 I crS-before me, <:::"",d' L. C::Wr("~I1 A. ''''~n DATE I I NAME, TITLE OF OFFICER _ E.G., "JANE DOE, NOTARY p~" ~.r<t '3, ~ ~ r y\-n k..l NAME(S} OF SIG~ D personally known to me - OR - rg-p;:Qved to me on the basis of satisfactory evidence to be the person~ whose name~@b~ subscribed to the within instrument and ac- knowledged to m~at@~t'1oIey executed the same in ~/~/t~ir ~uthorized capacity(i~), and that by ~tTe-r/t'!i-eir signature(~ on the instrument the perso~, or the entity upon behalf of which the person~ acted, executed the instrument. State of On , personally appeared , . OFFICIAL SEAL , SANOI L OURAN <<) : NOTARY PUBliC. CAlIFORNA . SAN DIEGO COUNTY ,"0" \ My Comm. ExpIres Sept. 19,1995 WITNESS my hand and official seal. ~J-~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~VIDUAL D CORPORATE OFFICER DESCRIPTIDN DF ATTACHED DOCUMENT TITLE(S) teu~ ~.~Q-PaO~. TITLE OR TYPE F DOC ENT o PARTNER(S) o LIMITED o GENERAL :;2- o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES 3~'1S- DATE F DO UMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Wo-c>~~ m.l(&--n~ SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Aemmet Ave., P.O. Box 7184. Canoga Park, CA 91309+7184