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Covenant Regarding Real Property 1996-0174224 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due 1078 ~c U 1996-0174224 09-APR-1996 09=04 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER "F 7 00 'E"c, ~ : ;, r tJ' A". r ;1" .J' J. vU MF: 1. 00 ) ) ) ) ) ) ) ) ) ) ) ) 13.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Robert G. Matthews and Louise J. Matthews, Husband and WRe, as Joint Tenants C'OWNER" 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 314-311-10 ("PROPERTY" hereinafter). In consideration of a building permit to construct a 495 square foot guest house by the City of Poway ('CITY" hereinafter), OWNER hereby agrees that the guest house shall never be rented or leased as a separate unit and no kitchen facilities shall ever be Installed without first obtaining the required approvals and permits from the City of Poway. 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 building permits are never obtained to construct the proposed guest house at the request of the OWNERS, the 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 OWNERS. Dated: ;;.q ~ I qq& Dated: 02'1 4;~ /77& Dated: etiG?t7rL2- Robert G. Matthews, OWNER (Notarize) ~ Louise J. M ~ ews, OWNER (Notarize) CITY OF POWAY By: tJ. - (j/~-tf'uv Reba Wrlght-Ouss r, Director of Planning Services 1079 'CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT beforeme,"kn,d, 7. JoaIJ,d ;/orkr ;{J;I's faI/~ ~ame ~:JOffi ~e~~:;; Doe, N~la~ ~lll;u) Name(s) of Signar(s) D personally known to me - OR - ~ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) 'liiare subscribed to the within instrument and acknowledged to me that ~s~they executed the same in ~'1&tLtheir authorized capacity(ies), and that by ~~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. {}c> I.jj:p'" q County of Chl1 I i '10 On Hard D.~1171r., personally appeared KohL State of ZENAIl:'A Z. WOODLAND COMM. '1039364 S NOTARY PUellc.cAlIFCllIIIA s; 80IN DIEGO CWN1Y ... Com. EI~ Sop!. 12, _ WITNESS my hand, and official seaJ~ Though the information below is not required by law, it may p ~ valuable to persons relying on the document and could prevent fraudulent removal and reattae nt of this form to another document. Description of Attached Document " n {J / Title or Type of Document: (1oVUl4l1.+ f(~d~ 1<.&1 f?of~J'11 Ita reIt. ;2~ /C) q & Number of Pages: 0( ~(hK Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claim~ Signer(s) Signer's Name: ~ Signer's Name: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER ;{ (IJ- Signer Is Representing: Signer Is Representing: ;/(JJ iCl1994 National Notary Association' 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 1080 . LEGAL DESCRIPTION Lot ID9 of REXFORD TERRACES, in the County of San Diego, State of California, according to Map thereof No. 4261, filed in the office of the County Recorder of San Diego County, July IS, 1959. EXHIBIT A