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Covenant Regarding Real Property 2004-0538062 , . DOC. RECO_RDING REQUEST BY ) 2004-0538062 .~...... ^:;'\ ) --\;., \ . - CITY OFPOWAY ) JUN 09. 2004 9:01 AM ~",N .'co."o MAil TO ) ) OFFICIAL RECORDS ) SAN DIEGO COUNTY RECORDER'S OFFICE \ CITY CLERK ) GREGORY J. SMITH, COUNTY RECORDER CITY OFPOWAY ) FEES: 11. 00 P 0 BOX 789 ) POWAY CA 92074-0789 ) ) No Transfer Tax Due ) (This space for Recorder's Use) APN: 278-437-37 COVENANT REGARDING REAL PROPERTY Chrislopher Macleod and Yvonne Macleod, Husband and Wife as Joint Tenanls, PROPERTY OWNERS ("OWNER" hereinafter), are the owners of real property described as lOT 99, OF CITY OF POWAY TRACT N.o 4091-R, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11361, FilED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 1985, and which is more commonly known as Assessor's Par,cel Number 278-437-37 ("PROPERTY" hereinafter), In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development Review Application (MDRAJ,04-23, a request to add 859 square feet of living area, including an exercise area, to an existing single-family residence, on a 0 97 -acre lot located at 14335 Trailwind Road in the Planned Residenlial (RR-D) zone, OWNER hereby agrees that no portion of the exercise and workshop area shall ever be rented or leased as a separate unit, and kitchen facilities shall never be installed. No natural gas connection or 220V electricity is permitted in the exercise and workshop counter/sink 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and assigns of the respective parties, In the event that Minor Development Review Application 04-23 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 oo""od <0 f"" ;o,mb"~m'" of 011 '0;<>, iOd"dtz:O 0'<0'"0'" foo" fmm 'ho ofho' port, Dated: 5'/1/' /;2.001 By' / ~~_?~ I " Christopher Macleod Date,9: S //7/ -?mJ /' By.rL 7Jt!l(l >1kY I I I Yvonne Macleod CITY OF POWAY Dated: ~ -I'Q.... ~ <::> r By ~~~ Niall Fritz, Director of De lopment Services M:\pJannjng\Lisa\Projects\MDRA04~23 _Macleod add\covenant.doc v4. c&9 078u -t/D . . ":~-'. ,-~, . CALIFORNIA, ALL.PURPOSE ACKNOWLEDGMENT - - , J , State of California > } ss County of <:):0.-# }V t-:2- D On (]f}::ry / 7. '200 L/ before me,-PfI YL L IS fH 1,4//1/ ;/or Aey-!t&../ personally appeare:Cfh< /S-roIItO'<. '--I XI 0 ;;7z/t~'" ~"'"Za;~\ Name(s)of Signer(s) o personally known to me I ~roved to me on the basis of satisfactory evidence , I to be the person(s) whose name(s) ~re , subscribed to the within instrument and ~ PHYlLIS SHINN acknowledged to me that h6J~e/they executed I ' ~ CommlssKm # 1450304 the same in hj6/~their authorized I ; \':~ Nolary PublIc ' Calnornta f capacity(ies), and th'at by ~~their , i' San DIego COUIlly - signature(s) on the instrument the perSon(s). or , _ _ _ ~:~m~~~9.:.~7l the entity upon behalf of which the person(s) I acted, executed the instrument. I I I I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could preverlt fraudulent removal and reattachment of this form to another document. Description of Attached Document Tille or Type of Document: !:O/F/I//J#/ ~~At.~11f/f, ~ ~f::-/t..--7Y / Document Date: <5- / 2 - () 'i Number of Pages: / Signer(s) Other Than Named AbOV~: tt/. h / -r-z..... " Capacity(ies) Claimed by Signer 1 Signer's Name: I' 1 o Individual Top of lhumb here I I o Corporate Officer - Tille(s):, I o Partner - 0 Limited 0 General o Attorney,in,Fact o Trustee o Guardian or Conservator J o Other' I 1 Signer Is Representing: I ~ Cl , 999 Na~onal Notary Association' 9350 De SOlO Ave.. P.O. Box 2402' Chatsworth. CA 91313-2402 . \\'Ww,nationalnotaryorg Prod,No.S907 Reorder' Call Toll-Free 1 800-876.6827