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Covenant Regarding Real Property 1994-0276109 r~r * 1Q94'-O?i~10Q .. J iT.l.1 vc..IU.LVI 26-APR-1994 08;10 AM CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) ) ) ) ) ) ) ) ) ) ) 1969 OFFICIAL RECOROS SAH DIEGO CGUHTY RECORDER'S OFFICE GREGORY SnITH. CDUHTY RECORDER RF: :i. 00 FEES: AF: J.OO nF: 1.00 i1.00 RECORDING REOUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Benjamin M. Angeles and Teresita D. Angeles ("OWNER" hereinafter) is the owner 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 278-461-32 ("PROPERTY" hereinafter). In consideration of the approval of Plan Check #85-94 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by the following condition: The guest house shall never be rented or leased as a separate unit and no kitchen facilities shall ever be installed. 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 In the event that Plan Check #85-94 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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' e by the performance of this Covenant the right to enforce this Covenant against OWNE Dated: I/I"R :2/ 11"7V , ~[d--I[''f " (L, Dated: enja M. Angeles, OWNE Notarize) --- - f~ ]).~ Teresita D. Angeles, OWNER (No rize) CITY OF POWAY Dated: '1/ :),/('14 By: ~ ur -Jl~~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT -, State of 1970 On ~-,:;;/ -'it! before me, DATE NAME, TITLE 0 Of:FICEA. E.G., 'JA DOE, NOTARY PIC' personally appeared.p~ '711. ..;- ~~~ /,/) IL ::.~ ----;r-- NAME(5) OF SIGNER(S) ~ D per&')loally ~"uw" IU '"'' eR prproved to me on the basis of satisfactory evidence to be the personro whose name~ ~ subscribed to the within instrument and ac- knowledged to me that ReIshe~xecuted the same in ~authorized capac;ty~ and that by ~ signatur~n the instrument the pers~ or the entity upon behalf of which the perso~acted, executed the instrument. 0I'RCIAI.9I. tlARIE LOFTON Notar( I'UbtJc-CaIIforrjg SAN DIEGO COUNTY My Commission ExpIres AprIl 26. 1994 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 farm. WITNESS my hand and official seal. y?~ (~~- SIGNATURE OF NOTARY No.5 - 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 ~NDIVIDUAL D CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) D LIMITED o GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTtTY(IES) OPTIONAL SECTl~ TITLE OR TYPE OF DOCUMENT & g'p <1.1 I:);~ ..-1, NUMBEROFPAGES~ DAT~OCUMENT -jI-ct:J/-'7</ ~ SIGNER(S) OTHER THAN NAMED ABOVE ht .F @1992NATIONALNOTARY ASSOCIATION .S236 RemmetAve., P.O. Box 7184- Canoga Park, CA 91309.7184 1235 1971 06-142493 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 71 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12044, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1988, TOGETHER WITH THOSE PORTIONS OF THE WESTERLY HALF OF HARROW LANE AS VACATED BY RESOLUTION NO. 91-120, OF THE CITY COUNCIL OF THE CITY OF POWAY, RECORDED NOVEMBER 1, 1991 AS DOCUMENT NO. 1991-0567612 OF OFFICIAL RECORDS, WHICH REVERT BY OPERATION OF LAW TO SAID LOT 71. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, UPON AND ACROSS EDEN GROVE, HARVEST CRESCENT, HARVEST COURT, HARROW LANE, HARROW PLACE AND BOUNTY WAY ALL IN CITY OF POWAY TRACT 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 SAID COUNTY, APRIL 18, 1988 AS SAID STREETS WERE VACATED BY RESOLUTION NO. 91-120 OF THE CITY COUNCIL OF THE CITY OF POWAY, RECORDED NOVEMBER 1, 1991 AS DOCUMENT NO. 1991-0567612, OFFICIAL RECORDS. EXHIBIT A / ( 1,1"'/ //