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Covenant Regarding Real Property 2004-0296935 - ....... -0.... ,..:;- ! ~ /,;;;;, .. . "" ;.' DO[.~ 2004-0z96935 -:"T;!o" - RE'.C;bRr::.N~ REQIJEST BY ) CITY OF POWAY ) APR 08, :2004 8:28 Ai'1 ) ) OFFICIAL RECORDS WHEN RECORDED MAil TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORY.J. SMITH. COUNTY RECORDER CITY CLERK ) FEES: 11. 00 CITY OF POWAY ) ~ '0'0"" ) POWAY CA 92074-0789 ) . ..~ NoTransfer Tax Due ) ) (This space for Recorder's Use) utf" APN: 275-620.14 COVENANT'REGARDING REAL PROPERTY Richard T Hsieh and MayL. Hsieh, as Trustees'of the Declaration of Trust of Richard T and May L. Hsieh, or any Successor Trustee, under a Declaration of Trust dated May 14, 1999; . . _ -c' " . - . ".~ or any amendments thereto, wherein Richard T Hsieh and May L. Hsieh are the Trustors, ("OWNERS" hereinafter), are the owners of real property cC!mmonly known as a portion of Assessor's Parcel Number 275-620-14 ("PROPERTY hereinafter), and more fully described as: Lot 166 of Silver Saddle Ranch, in the County .of San Diego, State of California, according to Map thereof No. 7478, filed in the Office of the County Recorder of San Diego County, November 9, 1972. In consideration of the approyal of a building permit to construct a 375-square-foot attached guest house on the referenc~d property by the City cif Poway ("CITY" herein,af!e(j, OWNER hereby agrees that the, attached guest house shall. never be rented or leased as a separate unit, no kitchen facilities shall be installed, and no gas line and/or 220 amperes electrical service shall ever be installed. This Coyenant shall rl!n 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 building permits are never obtained to construct the proposed attached 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 lheprovisions 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 pWNERS. Dated: It - 6 .- t' Y- /!-./(:& " \ Richar'd~T Hsieh, T ee Dated: LI- ~ t. -0 if Jt&L,A { ~ , , May L. Hsieh, Trustee CITYOdYc . - p Dated: tt~~rot.( By: Niall Fritz, Director of D pment Services (J1go-t/D tr/-D51' . - - . .. 0' . ;;;. .f~ CALlFORNIA,AL.L.PURPOSE ACKNOWLEDGMENT State 01 California \} I ~ ' ss County of -Yi/ll LJ/,(Z, 0 . I On /)f1/:/L 6, i ell/V beforeme.rf;I!//S W'i'0'/ ,A/P/A'Ji'Y /!.SLlL, Dale/( ,~ame and Title ~ <Jcer(e,g.:.::ane [)Qe,Nolary Public") personally appeared Ie II ;:;r,'U'A I. q.. /'YJcJy L 1-1_</ /: I-! Name(s)olSigner(s) Q personally known to me QK..provect to me on the basis of satisfactory evidence ~ - - - - - - - - - - - - J to be the person(s) whose name(s) ';;fare ..... . PHYllIS SHtNN subscribed to the within instrument and - {i Commission #'1450304 acknowledged to me that ~sbeLthey executed ~ . ..._. Notary Pubttc. California ~ the same in h;S'/h'er/tli'eir authorized I j'SanDlegocountvf capacity(ies), and / that by ~/9),:f/their _ _ _ ~:~:..~~9.:..2~7 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. w~my hand and'offioiai seal. / f:ffi/J y~ U Signature of Notary Public OPTIONAL Though the infonnation be/ow !s 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 I Title or Type of Document: 6;iJE'/VA,Il/J ~(,1-/2/'''/V~, ?677L -do/'cye;rV I j .. Ol! 0') Document Date: . ~ - Number of Pages: L- ~ - ,1 Signer(s) Other Than Named Above: / IA L t 1,( I fZ.-.- r Capacity(ies) Claimed by Signer Signer's Name: o Individual TOp of thumh here o Corporate Officer - Title(s): o Partner - 0 Umited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: r' @ 1999 National Notary I\.sse<;iation . 9350 De Sato Ave.. PO Box 2402' ChatswMh, CA 91313 2402' wwwnationalnotary.org Proo. No. 5907 Reorder. Call Toll-Free 1 800.875.6827