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Covenant Regarding Real Property 2004-0091587 ! ..~gCORDING REQUES'BY: ) DOC. 2004-0091587,: ~" ) .'< 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 ) ) .~,,~,,~. L'''-'J2QO.4:00915871' TIP")" '. ,., .,.11.. I), ~ 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 - .. . 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personal representatives, transferees and assigns of the respective parties, In the event that MDRA 01-46 expires or is rescinded by City Council at the .request;of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event, of litigation to enforce the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 M :\planning\forms\Covenants\covenant Bonaguidi;doc ," '~ 018b-~10 -":.1. Ol.l-ct:::(Q 7 -; . . 5034 CALiFORNIA ALL.PURPOSE ACKNOWLEDGMENT - I, State of California } ss ,I I, SCV\ 0,'''70 ,I County of 'I [, 'I [ Jc. VI"''' fy .1 1 On 'I Date 1 ,I I personally appeared 'I U personally known to me ,I I ~oved to me on the basis of satisfactory 1 vidence 1 1 to be the perso~ whose nam~ iSI6) 1 WILLIAM 0, RIVERA subscribed to Hi within instrument and 1 ~ co~mi~lon# 1381779 ~ acknowledged to me thathe/she~ executed I :i:' "., ? Notary'PubliC - .Callfornla ~ the' same in hiS/her/~r authorized ,I 2. ~ '"'G, ':, Son Diego County capacit~ and that y hiS/h~ ":~; MyComrnExpiresOct26.2006 signatur" . '.'on the instrument the persa s or the entity up,on behalf of which the perso~ acted, executed the instrument. ,I 'I and official seal. 1 ~ 'I Signature of NOlary Public I 1 1 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 [ 1ille or Type of Document: 1 I i I' Document Date: Number of Pages: 1 1 [ Signer(s) Other Than Named,Above: I' 1 1 Capacity(ies) Claimed,bySigner I ,I Signer's Name: . D Individual Top of thumb here I, D Corporate Officer - Tifle(s): I, 1 D Partner - D Limited D General I' D Attorney,in,Fact D Trustee o Guardian or Conservator D Other' [, I Signer Is Representing: 1 I " @ 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 ~ . . - EXI'lIBIT"A" 5 '03'5 COVENj,\NTREGARDING RE~LPROPERTY LEGAL DESCRiPTION c 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 ,