Covenant Regarding Real Property 2006-0387391
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, -'~"'~RECORDING REQUEST BY . lfi 111I1111IT11~IIIIIIII1I~rn~lmllm~l" mll1rnlllllllll
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CITY OF POWAY
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WHEN, RECORDED MAIL TO'
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CITY CLERK ) '_"c:.,N [IIE[11-1 CI]U~JT'1 FiEDJR[IER":, OFFICE
CITY OF POWAY 1 CiREClOF:"1 ,I SMITH [UUt'JT'1 F:ECOF:[IEF:
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PO BOX 789 1 P~GES ,
POWAY CA 92074-0789- l10291
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APN: 278-462-30 2006-038739:1
MDRA 06-07
COVENANT REGARDING REAL PROPERTY
Pamela Evans Mudd and Dennis M, Mudd, Trustees of the Mudd Revocable Trust.
("OWNER" here'lnafter), are the owners of real property commonly known as Assessor's Parcel
Number 278~462-30 ("PROPERTY hereinafter), and more fully described as:
Lot 52 ofCity of Poway Tract Map 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 San Diego County, April 18. 1988, together with those portions
of the southerly 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 File No 91-567612 of
official records which revert by operation of law to said Lot 51
In consideration of the approval by the City of Poway ("CITY" hereinafter), of Minor
Development Review Application (MORA) 06-07, which involves the construction of a 1,081-
square-foot guest house, OWNER hereby agrees that the 9uest house shall never be rented or
leased as a separate unit, no complete kitchen facilities shall be installed, and no gas line and/or
220 ampere electrical service shall ever be installed,
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, 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 guest house
at the request of the OWNER, 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 co~ts, including reasonable attorneys'
fees, from the other party The CITY may assign to persons i pac d by the performance of this
,
Covenant the right to enforce this Covenant against-lb
Dated: sb-'L/ 0 (,..
Dated: Nt< y 1-2; :ta/c:;
Dated ~.)o. 0' By'
M:\planning\peggy\mdra2006\rndra06-07 Mudd Harrow Ln\cDv.doc
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10292
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~.ffl"~...('X">..,C('"~~r:<c~~~~~~~~~
State of California } ss
County of ~ (\ ~ 'i ~~ ()
On N'v:Il.t .;)~. {).r::t:X.., before me, I lie.
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public"
personally appeared DI"J)C\\ ~ N\. fl\ LLdd ~
N:<Imp.(!':\ nfSinnArfsl
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o personally known to me
I.~~:=..-l ~roved to me on the basis of satisfactory evidence
to be the person(~ whose name(~are subscribed
I '~='~d to the within instrument and acknowledged to me that
.Qtshe/they executed the same in =er/their
,,"," - -c.'~~.- .._~~~ authorized capacity(ies), and that by . er/their
signature{&) on the instrument the person!sj; or the
entity upon behalf of which the person{s) acted,
executed fhe instrument.
WITNESS. my ~L
Place Notary Seal Above ~.//../ I (
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached ~cument ~Jd/~C1 '~OI7l0 ~
Title or Type of Document: ~ h .d:f
Document Date:.1}j O)~ C:/..; Number of Pages: J
Signer(s) Other Than Named Above: PQ./Y'fl..LJ.a... EVa n6 frll.Lcld ,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General RIGKT THUMBPRINT o Partner - 0 Limited 0 General
o Attorney in Fact OF SIGNER o Attorney in Fact
Top of thumb here Top olthumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
.x.~~~.-.g;,.~~'gV~'€.(..~'C(,..~~~'Q(,...~~~~~~~"g,.~~^Q(..~~~"C(.."O(.."<X
@2004 National Notary Association' 9350 De Solo Ave.. P.O. Box 2402. Chalsworth. CA 91313-2402 Item No. 5907 Reorder Call Toll-Free 1~800.876.6827
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Cfll..lfq~N'AALL.PURPOSE ACKNOWLED~MENT 10293
State of California
County of San Diego
'On I?J1Y 22 ?()tJlj before me, Phyllis Shinn, Notary Public
Dale /) L -1/ rl ;Y;5~ ;7;/ ~d D bOfficer (e.g., "Jane Doe, Notary Public")
personally appeared --m/J/ (""Z.A ,
Namels)ofSigner(s)
Gpersonally known to me ~ OR-:1{piovedto me on the basis.of satisfaCtory evidence to be the,perSon(s~
'. whosenamE1(~) is/a~~"subscrib~d.to the within instrument
and acknowledged.to 'me that ~/she/th~ executed the
sa,rnein "~her/ti\eF,a~orized capacitY(i. ), and that by
t\it/her/t~ signature .. . on the instrument the person(~
@ __ "' ,", eo", "PO" """ 1 01 w"lo" ,", ",,''""'1( ","d,
. _ . <::!'mmlsslon # 1:,450304 executed the instrument:
!.' · Nofary .PUbffc . caiitomta
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Signature of Notary Public
OPTIONAL
though. the information below is not required"bYlaw, it.mayprove valuab'le to persons relying on the document and coufdprevem
fraudulent fe(Tlovci/'and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed I)y Sigrier(s)
Signer's Name: Signer's Name:
o Individual o fndividual
o Corporate;Officer o Corporate Officer
Title(s): Title(s):
o Partner -.0 Limited 0 General o Partner ~D Limited 0 General
o Attorney.in.Fa.;:t o Attorney'in.Fact
o Trustee D Trustee
. . RIGHT THUMBPRINT
o Guatdi1m:6r'Conservator o Guardian or Conservator OF SIGNER,
o Other' 'Top oflhumb here o Other' Top of Ihumbhere
Signer Is Representing: Signer Is. Representing:
c 1994 National N'otary Associ~iion. 8236 Rem-;"'et Ave., P.O. Box 7184. Canoga Park, CA91309-7184 Prod. No. 5907 Reord~~ CalFroil;Free 1-a00-876-6827