Covenant Regarding Real Property 2004-0091587
! ..~gCORDING REQUES'BY: ) DOC. 2004-0091587,:
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) .'< FEB 05. 2004 8:16 AM
CITY OF POWAY ) ,
,
., ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) ~ SAN DIEGO COUNTY RECORDER'S OFFICE.
) GREGORY J; SMITH. COUNTY RECORDER
CITY'CLERK ) 5033 FEES: 14.00
CITY OF POWAY ) ,~II(I'~, 'I , I U ,I '10'
l' POBOX 789 ) '. I !'~!III!II.I'!III'IIIII'llljiill'llll,iiii,ijlliill I11I1111i111111l11 "
POWAY CA 92074.0789 )
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No Transfer Tax Due. ) (This space for Recorder's Use)
APN 321-115-15
COVENANT REGARDING REAL PROPERTY
Patrick Hugh BonagUidi and Kristen Kay Bonaguidi, Trustees of the Patrick Hugh and
Kri"ten Kay Bonaguidi Trust dated Jl,me 28, 2001, ("OWNEW 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 321-115-15 ("PROPERTY" hereinafter), In
consideration of the approval of.MDRA 01-46, a request to construct a 4,6507square-foot home
and i:l 770-square-foot pool/guest house located at 16041 Eucalyptus Heights Road. in Rural
Residential A zone, OWNER hereby'agrees that the pool/guest house shall never be rented or
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leased asa separate unit, no kitchen facilities shall be installed, and no gas line arid/or 220
amperes electrical services sh?" ever be installed in the counter or sink area,
This Covenant Sl1all run with the land and be binding upon and inure to the',bEmefit\qfthe
future owners, encumbrances, .successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that MDRA 01-46 expires or is rescinded by City Council at the .request;of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 paii:y
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party
OWN
Dated' \ \ Z'1 \01.-\ By'
Dated: I - d-I ~ () +
Kristen Kay Bbnaguidi, T stee of the
Patrick Hugh and Kristen Kay Bonaguidi
Trust dated June 28, 2001
Dated: IA.,/o'-{ By'
Niall Fritz, Director of Deve ment Services
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5034
CALiFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Signature of NOlary Public
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OPTIONAL
I Thougn the information below is not required by law, it may prove valuable to. persons relying on the document and could prevent 1
fraudulfJnt removal and reattachmenl of this form to another document. I
Description of Attached Document 1
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@ 1999 National Natar)' Association ~35(l De SOlO Ave., P,O, Box 2402. Cha15worth. CA 91313-2402. www,nationalnotary.org Prod. No. 5907 R~order: Call Toll Free 1 800.87(,.6827
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EXI'lIBIT"A" 5 '03'5
COVENj,\NTREGARDING RE~LPROPERTY
LEGAL DESCRiPTION
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PARCEL A
PARCEL 2 OF PARCEL MAP. NO, 1~912, IN THE CITYOFPOW1I,Y, COUNTY OF SAN ,DIEGO,.
STATE OF CALIFORNIA, ACCORD,ING TO MAP THEREOF FILED '+N THE OFFICE OF THE COuNTY
RECORDER OF' SAN DIEGO COUNTY" JANUARY 21, 1982"
PARCEL B
AN ,EASEMENT AND RIGHT oy WAY ~OR ROAD AND PUBLIC UTILITY PURPOSES OVER,UNDER,
ALONG AND ACROSS THAT ?ORTION OF PARCEL MAP NO 11912, IN THE CITY OFPOWAY,
COUNTY OF SAN DIEGO, STATE ,OF CALIFORNIA, FILED IN THE' OFFICE OF THE Cp~
)<ECORDER OF SAN DIEGo COTJN.Ty,.,J~AiiY 21, 1982, LYING WITHIN THE AREA DE$IGNATED
AND DELINEATED AS "PROPOSED 40,' PRIVATE ROAD EASEMENT"
PARCEL C:
AN EASEMENT AND RIGHT 'OF WAY FOR ROAD AND PUBLIC uTILITY Pl1!'POSES, OVER, UNDER,
ALONG AND ACROSS THAT PORTION' OF PARCEL MAP NO. 11912, IN THE CITY OF POWAY,
COUNTY OF 'SAN ,DIEGO ,.STAJ'E ?F CALIrORN.IA, FILED IN, "!',HE OFFICE OF THE COUNTY
gEcoBDER OF S~ DIEGO COUNTY, JANUARY 21, 1982, ,LYING WITHIN THE AREA DESIGNATED
AND DELINEATED AS "PROPOSED 30' PRIVATE ROAD EASE")ENT""
EXCEPTING THEREFROM THAT PORTION LYING WITHIN ,PARCEL "A" ABOVE
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