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Covenant Regarding Real Property 2006-0147793 , _ ~R~C~RDING REQUEST BY --Ii ) 111I1I11~11~IIIIIIIIII~rn~wliw 111;1"I~rn~11111I1 . ?t) CITY OF POWAY ) MAR 02, 2006 1'52 PM ,C,01'-) WHEN RECORDED MAIL TO' ) [IFFICl.o.L F,EC[lF,r,'" ) '-,,uN [IIECiCi COUrH', F:t:CCJF:[IEF:":, OFFICE CITY CLERK ) GFtEI:)OF:'1 .1 ':,~,,'1ITH COUrH I RELCiF'[[IER CITY OF POWAY ) FEE'-, 11 no POBOX 789 10093 P.::.I;E':, -, POWAYCA 92074-0789 1IIIilllllllllllllllllli~~mlUjl'~ J~IIIIIIIIIIIIIIIIIIIIIIIIIIII ) ) 93 APN: 314-750-13 COVENANT REGARDING REAL PROPERTY Douglas L. Fronius and Mae T Fronius, Husband and Wife as Joint Tenants ("OWNERS" hereinafter), are the owners of real property commonly known as Assessor's Parcel Number 314-750-13 ("PROPERTY hereinafter), and more fully described as. Lot 13 of City of Poway Tract 4113"3, in the City of Poway, County of San Diego, State of California according to Map thereof No 11508 filed in the Office of the County Recorder of San Diego County, May 8, 1986 In consideration of the approval of a Building Permit to construct a 621-square-foot, detached garage and a 309-square,foot recreation room on the above-referenced property by the City of Poway ("CITY" hereinafter), OWNERS hereby agree that the detached garage/recreation room .shall never be rented or leased as a separate unit, the garage area shall never be used as living 'spclce and will not have heating or air conditioning, and no kitchen facilities shall be installed - in.the recreation.roomarea. , This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrance's, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that a Building Permit is never obtained to construct the proposed garage/ recreation room 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 the OlNJERS. ~ Dated 2 It 710, ~c.~) ~f)~~G'( Douglas L. Fronlus, Owner Dated 2- It. 7 /~ r; 71 , ' -;'~C'.. ~ , . '1u ,(/2 ,'iZ<c._'' --'> Mae T Fronius, Owner Dated: z../n ( 0" By' Niall Fritz, Director of Develo ~ ...... o 1..0 - 0 z... ==t- :l- /' . . 10094 CALiFORNIA ALL.PURPOSE AC!<NOWLEDGMENT State of California County of San Diego On h.7S.e&1 q,'iJI( /7, /l7l1 (P before me, Phyllis Bhiim, Notary Public Dale \ . I Na'me and Tlllei!..2.fficer le.g.. Jane Doe, Notary Public') personally appeared lJOIA (, I J1 :'; /. A /l/iJ /11q'r -r r/c' 0/1// f-( 5' Name(s) oISigner(s) o personally known to me - OR -l;ierovedto me on the basis of sa,tisfactory evidence to be the person(s) whose name(s) )@Iare subscribe~ tothe within instrument and acknowledged to me that )W/sl'le/they executed the same in hiSlhEirltheir authorized capacity(ies), and that by , , ' ~ - - - - - - - - SH-N-N - --~ his/h"rltheir signature(s.) on the instrument the person(s), PHVlLIS I ' )~. . @._...commISSlon#1450304.ortheentitYUPonbehalfOfWhiCh the person(s) acted, " .. Notary Public -California ~ executed the Instrument. ~, " . Son DIego County ( ~ _ _ _ ~v:o:m!X~~No:9..:.2~7 . WITNESS m~ hand and offiCia;eal. " C){' iei JI~ U SIgnatun9of Nolary Public OPTIONAL Though the information below is not required by Jaw, itmay prove valuable to persons relying on the document and could prevent fraudulent remova1.aiid reattachment of this form to another document. - Description'ot'Attached'Document - - - . . - Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual 0 Individual o Corporate Officer 0 Corporate Officer Title(s): Title(s): o Partner - 0 limited 0 General 0 Partner ~ 0 Limited 0 General o Attorney-In-Fact 0 Altorney,in'Fact o Trustee 0 Trustee . . RIGHT THUMBPRINT o Guardian or Conservator 0 Guardian or Conservator OF SIGNER o Other: Topol thumb here 0 Other" Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notaiy Association. 8236 Remmet Ave., P.O. Box 7184. Cano9a Park, CA 91309-71B4 Prod. No. 5907 Reorder: Call Toll-Free 1cSOO-B76-6827