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Covenant Regarding Real Property 1992-0007178 " RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due ) ) ) ) ) ) ) ) ) ) ) ) 115 \ DOL * 1992-0007178 07-JAH-1992 10=32 AM OFFICIAL RECORDS - SAH DIEGO COUHTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 5.00 FEES: 11. 00 AF: 5.00 MF: 1.00 . COVENANT REGARDING REAL PROPERTY (This space for Recorder's Use) r <tf Michael Pinto, a married man, as his sole and separate property, as to an undivided one-half interest and Samuel Goldstein and Pamela Goldstein, husband and wife as community property as to an undivided one-half interest ("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 317-490-55 ("PROPERTY" hereinafter). I~ consideration of the approval of Conditional Use Permit 90-19 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Exhibit B). 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 In the event that Conditional Use Permit 90-19 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 impacted by <<he performance of this C venant the right to enforce this Covenant against OWNER. Dated: 11;.~1 11 1v'''~1) (t?/ r=-c)S)'W I Dated: Dated: Dated: J",..ntkt.J 11. /99/ . OWNERt:XNotar f;) r a...w.~ <~ s r .>-:.... OWNER (Notariz CITY OF POWAY By 76L tu,~U - t/W2.0~ (No need to tarize) ~~~~~~~.q.~..q.<Q><Q'>..q-.<Q'l<Q->~~<Q'>~<Q->~ Acknowledgement 11 7 State of CALIFORNIA County of o( 0.... () }ss On If).-,!'j:;- q ( before" ,", S fn..-h.;f\.!L.- personally appeared rvj i(' 10.0. 'f I '+//1 10 ri. '@)....'"'..'- ~..~ lOb- ..... ~;;. . ~ ..., :......-<;.,.~~~ _SOL J. FONTAINE IIlIIRYPIBJC-l'.Allfl1Wl ORAHGE COlIIIY MyC_ElIpIlesAug.31,19ID personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~ subscribed to the within instrument and acknowl edged to me that he/:7<e/t~y executed the same in his/~r /~ir authorized capacity(ies), and that by his/~r/~gnature(s) on the instrument the person(s), or the entity upon 0 hich the person(s) acted. executed the instrument. WITNESS m and and icial s ,-, (This area for official seal) Signa t1\TTENTlON NOTARY: Although the information requested below is OPTIONAL, it frau ulent attachment of t ertificate to another document THIS CERTlFICATf MUST BE ATIACHED Title or Type of Docup;1ent C-ov~~. of O--r (" ~C{. ( ~'Fv+ (") TO THE DOCUMENT DESCRIBED AT RIGHT: Number ot Pages.5 Date of Document _). _ TT.IIOO (11/90) Signer(s) Other Than Named Above ~~.q..q..q.~.q.<Ql<Ql~~oQl.q..q.~...q..q..~~ .q. Acknowledgement CALIFORNIA ~~~~~~~~.q.~~~ State of On Id/bt (<1 ( I befare me,J -rorJ.A' .f'.~ County of a-.......() }ss personolly appeared "1-bxn.L-{ CL Gol('bl-.q~ iQ _SOL J. FONTAINE IIlIIRYPIBJC-t.UflR& ORAHGE COlIIIY MyCoomElpl1s_31,19Il3 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~ subscribed to the within instrument and acknowl edged to me that ~she/t~y executed the same in ~/her/~ authorized capacity(ies), and that!=? her/their ture(s) on the instrument the person(s), or the entity upon beHblfof w e person c:fe(J, executed the instrument WITNESS my hand and 0 seal ~ 8 (This area for official seol) Sig ture ATTENTION NOTARY: Although the information requested below is OPTIONAL, Q!.!I~"Qr.~v~nt fraud ment of this certificate to another document THIS CERTIFICATE MUST BE A TIACHED Title or Type of Document CoVWI a"..,,+ ~ tJ A,.CO! r(j ~a I "?LO~ ~ TO THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages? Date of Document _ Signer(s) Other Than Named Above IT 1100 (11/90) ~~.q.-~.q.--.q.-~~- .q.~~~~oQl~oQ><Q'o..q-...q-....q-...q-.~~...q-..q.<<:n~ Acknowledgement State of CALIFORNIA On December 23. 1991 before me, J. Fontaine }ss County of Orange personally appeared Samuel Goldstein CllDlLIElL J. FONTAINE _1IIUC.ClIIFOIIIIl 0RANlIE ClIOOY My Ccrm1. EiqlIf1I Aug, 81,111I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ~~hiCh the person(s) acted, executed the instrument WITNESS and a~~:,;3"ldal:eq)..~ _ Signa ure (This area for official seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it Id rev du nt attachment of thi ifiC?te to an~er.dOC~:,.t ~ t b THIS CERTifiCATE MUST BE ATTACHED Title or Type of DocuPrnt _ CovJW'\~ . ~ ~~__ TO THE DOCUMENT DESCRIBED AT RIGHT' Number of Pages ~Date of Document TT 1100 (11/90) Signer(s) Other Than Named Above ~~~.q-...q...q.~~.q.~.q.o.Ql~~ . -. ,. \ . F:t,RCEL 1: 116' THE WESTERLY 534.00 FEET OF THE EASTERLY 1034.00 FEET OF THE NOFiTHERL Y 411. 00 FEET OF THE EAST- HALF OF THE SOLJTHEAST QUARTER OF SECTION 14, TCl\.>JNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, NOVEMBER 1.9, 1880. PARCEL 2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, UPON AND ACROSS THE SOUTHERLY 21.00 FEET OF THE NORTHERLY 411.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 14. TOWNSHIP 14 SOUTH. RANGE 2 WEST. SAN BERNARDINO ~1EF<IDIAhl, iN THE COUNTY ClF SI~t~ DIEGO, STATE' OF CALIFORNU1, ACCORDING TO OFFICIAL PLAT THEREOF, NOVEMBER 19,.1880. EXCEPTING THE STRIP OF LAND DESCRIBED IN PARCEL 2 ABOVE, THAT PORTION INCLUDED WITHIN THE BOUNDARIES OF THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE. 1=' (; c; L. t~I.) :1.:::>1-: MEMORANDUM - CITY OF POWAY TO: FROM: File City Clerk's Office DATE: March 26, 1992 Recorded Documents 1992-0007178 and 1992-0036495 SUBJECT: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The attached Recorded Document No. 1992-0007178 is a duplicate of Recorded Document No. 1992-0036495. Both documents need to be identified when the Notice of Release of Covenant Restrictions is recorded.