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Covenant Regarding Real Property 2007-0745186 , , ;, . IlliiIIIIlIIWII~IIIIIIII~IIiI~rn~"llii~I~lllrull!111111 \ noC) '1 -- . -:--- RECORDING REQUEST BY ) NOV 29, 2007 4'33 PM CITY OF POWAY ) ) I WiIUu,L ~:tn-IR[I'- WHEN RECORDED MAIL TO: ) F<6 :".':',Il [IIE(1I-1 I-our'jfr hEU IFi[rl'::F:": rlFFIU CITY CLERK ) hF:FI;IIFi', ,I ;t...1ITH 1-{ILIt..J]'1 F:f::U:IF:[IEF: CITY OF POWAY ) 3P FEE',. 14 nn PO BOX 789 ) PAGES: 3 POWAY CA 92074-0789 ~ \ c..O(~: 111111111111111111111111111111111111111111111111111111111IIlli 11111 11111 1111 I111 ) } ( Af5;Ii: :314'241-04, MDRA 07-12R - . . COVENANT REGARDING REAL PROPERTY Whereas, Islamic Center of North County ("OWNER" hereinafter) is the owner of real property commonly known as 13738 Somerset Road ("PROPERTY" hereinafter) and more fully described in Exhibit A. Inconsideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development. Review Application 07 -12R, involving the construction of a single-family home, arl'attached storage areaand a two (2) car garage, OWNER hereby agrees that no portion of the storage area or garage space shall ever be rented or leased as a separate unit, and no complete kitchen fac"ilities shall be installed in the attached storage area or two (2) car garage except as permitted by the provisions of the Poway Municipal Code 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 of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursem t f all costs, including reasonable attorneys' fees, from the other party ~I Dated 11{'UJ{e7 By' !(.r{C CITY OF POWAY Dated: [1/ 201 (n By' p~ ~ Patti Brindle, Interim Director of Development Services M :\planning~ason\s)'ed-garage' M DRA0712r Cov.doc o 1j\'1-Y ..,.. . . 11098 CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~~ State of California ~ } ss. County of Id 17~ I . On II /~/O'" before me, L. ~,~,~t;;;Off,:E9~J'~'NO~P"~ h ~'! ,~p-/b /'C- /Oate :]3 ti.seen, personally appeared Yh tl A a.. ".,.., J '1 e...L Name(s) otSigner(s) o personally known to me ~ed to me on the basis of safisfactory evidence to be the person~ whose narrfe(s) isJare-subscribed I@- ::=.~"':-l to the within instrumenf and acknowledged to me that he/sbetU1ey executed the same in his/twF,'tflei, authorized capacity(ies)', and that by his/I.e,/U ,,,if I NoIaryNllJc -~ _ signature(st on the instrument the person(sj, or the . San DIego CounIy' =i entity upon behalf of which the person(s') acted, I:... __ ~~_~_'*:~ executed the instrument. - Place Notary Seal Above OPTIONAL Though the information below, is not.requiredby taw, it may provevafuabfe to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documen~ 1/ 3/~ .:JC.I./" o,tC Description of Attached Document ~~. ~ ~~ Title or Type of Document: ~ Document Date: II / .J,..d /0 -; Number of Pages: ~ . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o tndividual o Corporate Officer - litle(s): o Corporate Officer - Title(s): G Partner - 0 Limited' 0 General o Partner - 0 Limited 0 General o Attorney in Fact "Top of thumb here o Attorney in Fact Top 01 thumb here o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' o Other' Signer Is Representing: Signer Is Representtng: ~"""'Y~~ ~~~~~._~.~~~ ==""""'~~~ @2004Natlonal Notary Association. 9350 De Solo Ave., P,O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll.Free 1.8008766827 . -. 3 . . , ., ! 11099 EXHIBIT "An All that certain real property situated in the County of San Diego, State of California, described as follows. PARCEL 1 All that portion of the Southeast Quarter of Section 12, Township 14 South, Range 2 West, San Bernardino Meridian; in the City of Poway, County of San Diego, State of California, according to Official Plat thereof, lying Easterly of the center line and the Southerly prolongation thereof of the alley adjoining Block 19 and 20 of Piermont Map No 331, in the Office of the County Recorder of San Diego County, May 27, 1887 and lying Southerly of the Easterly prolongation of the Northerly line of said Block 11, Piermont and lying Northerly. of the North line of the South 20 acres of the Southeast Quarter of said Section 12. EXCEPTING the North 1501.20 feet thereof ALSO EXCEPTING the West 115 00 feet thereof .- . - --- M:\planninglcmr\guest house covlsyed garageMDRA0712r~Exh A.doc