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Covenant Regarding Real Property 2006-0672009 -:, . . - . ~ -, RECORDING REQUEST BY ) DOC# 2006-0672009 ) 11111111111111111111111111111111111\111111111111111111111111111111\111 CITY OF POWAY ) ) 10'14 AM WHEN'RECORDED MAIL TO' ) SEP 21, 2006 )~ CITY CLERK ) CiFFIClp.L FiECOR[I'; CITY OF POWA Y ) 3rt '~..::.r.j [11ECiO CClUNY'1 RECClR[IER"~ DFFICE POBOX 789 ) C~HECiOR', .t '~hllTH cour.Jrl F:ECOR[JEH POWAY CA 92074-07894 8 96) ~ FEES 14.00 F''::',I:.lES " ) \ ~ ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 APN 278-424"31/MDRA 05-25 - 2006-0672009 COVENANT REGARDING REAL PROPERTY James M, Temenak and Mary H, Temenak, Husband and Wife as Joint Tenants, PROPERTY OWNERS ("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 278-424-31 ("PROPERTY" hereinafter) In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development Review Application (MDRA) 05-25, a request to construct a new 720-square-foot garage, convert an existing 814-square-foot garage into a game room, and add an 837-square-foot second-story guest room at an existing single-family residence located at 14369 Horizon Court, on a 1,2-acre lot in the Planned Residential Development zone, OWNER hereby agrees that no . - portion of the guest room shall ever be, rented or leased as a separate unit, and kitchen facilities shall never be installed:....N_o _12.~tural gas. co.n_n~ction or",220Y ~~c~ricity ~J:lermitted in this area. ;'.. 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representatives, transferees and assigns of the respective parties, In the event that MDRA 05-25.,expires or is rescinded by City Council at the request of'the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 Dated: ci III /a ~ '111 (Notarize) Dated: r II/JO{, By' , / (Notarize) Dated: g/~) 06 By' Niall Fritz, Director 0 nt Services M:\planning\Lisa\Projects\MDRAOS.2Scovenant.doc - ., OL2~\\'2 ., - .. '. . . 4897 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Counfyof San Diego On~ ,!J7ZftI6cil., I I, ZOOlJhetore me, Phyllis Shinn, Notary Public Date /II 1 Name and Tit of Officer (e.g., Jane Doe. Notary Public") personally appeared 1/leS ,1/v'f) /,1" (: y Iv. It-I it [/1/1 . Name(s}of SignerlS) D personally known to me - OR- ~roved to me on the basis of satisfactory evidence to be the person(s) , whose name(s))tl/are subscribed to the within instrument and acknowledged to me that ~/spe/they executed the same in his/hVr/their authorized capacity(ies), and that by I a' - ",;;.J .:r.: · " J "J'Ai;,'"'" ""0,""'" ~ .""",,,e"'" p"~,,, _ ,.... Commission # 1450304 or the entity upon behalf of which the person(s) acted, ~ . -iii Notary Public. CaHfornta ~ executed the instrument. j' San Diego County f _ _ _ ~v:o:m:,,~~v9.:..2~7 OPT/ONAL 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 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: D Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): D Partner - D Limited D General D Partner - D Limited D General D Attorney-in-Fact D Attorney-in-Fact D Trustee D Trustee D Guardian or Conservator . D Guardian or Conservator . D Other' Top of thumb here D Other' Top :)1 thumb here Signer Is Representing: Signer Is Representing: c 1994 National Notary Association. 8236 Remmel Ave" P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TolI.Free 1-800-876-6827 . , '. , . . 3 EXHIBIT 'A' 4898 PARCEL 1, LOT 31 OFCITYGF POWAY TRACT NO 4090-R, IN THE. CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,MAP THEREOF NO 11360, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 24,1985 PARCEL 2: A NONcEXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE DECLARATION OF RESTRICTIONS FOR BRIDLEWOODESTATES, FILES IN THE OFFICE OF . . . . . THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 4, 1986, AS FILE/PAGE NO 86'085061 OF OFFICIAL RECORDS, FOR USE, OCCUPANCY AND ENJOYMENT OF, AND ACCESS, INGRESS AND EGF3ESS TO THE AMENITIES LOCATED THEREON, SUBJECT TO "[HE TERMS AND PROVISIONS OF SAID DECLARATION OF RESTRICTIONS THIS EASEMENT IS APPURTENANTTO PARCEL 1 ABOVE DESCRIBED PARCEL 3' AN EASEMENT FOR THE INSTALLATION, USE. REPAIR, MAINTENANCE, OPERATION, REMOVAL AND REPLACEMENT QF UNDERGROUND SEWER LINES, PIPES, CONDUITS AND APPURTENANT FACILITIES, OVER, UNDER, ALONG AND ACROSS THE WESTERLY 10 FEET OF LOT 21 OF CITY OF POWAY TRACT NO 4090-R, IN THE CITY OF POWAY, COUNTY OF ., SAN DIEGO, STATE. OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11360 FILES IN ~'- - ~ ~TI'lE OFFICE-OF-TRE- COUNTY ~RECORDER OF SAWDiEGO COUNTY, C~LfF6RNIA;O-ON OCTOBER 24, 1985,