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Covenant Regarding Real Property 2004-1200193 ~ . 19865 ~ . ... '" , - , DOC# 2004-1200193 - r RECORDING REQUEST BY ) 111111111111111111111111111111111111111111111111111' 111111111111111111 ) CITY OF POWAY ) ) DEe 21. 2004 3:28 PM WHEN RECORDED MAIL TO: ) ) OFFICl,o,L F:Emm,s '3;.:o.r-J [IIEGO COUNT'( RECOR[IER'S OFFICE CITY CLERK ) GF;EGOR', .1 SMITH COUI'IT', RECClF:['ER CITY OF POWAY ) FEE'., " 00 POBOX 789 ) pe.GE'" 2 POWAY CA 92074-0789 ). 11111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ No Transfer Tax Due ) ) 2004-1200193 I' - ' ~ APN 320-020-40 COVENANT REGARDING REAL PROPERTY Dynasty Development, LLC; Owner ("OWNER" hereinafter), is the owner of real property which is commonly known as Assessor's Parcel Number ,320-020-40, located at 11548 Creek Road, Poway, CA ("PROPERTY hereinafter) and more fully described as: Parcel 2 of City of Poway Parcel Map 01-05, in the City of Poway, County of San Diego, State of California, .According to Map thereof No. 19409 filed in the office of the County Recorder of San Diego County, January 22, 2004 In consideration of approval of Minor Development Review Application 03-20 on the referenced property by the City of poway ("CITY" hereinafter), OWNER hereby agrees that outdoor light fixtures, including, but not limited' to, decorative building and landscape lighting, must be shielded and directed in a downward orientation to prevent light spillage impacts on the nearby biological resources, the street, or surrounding properties, This Covenant shall run with the land and be bindirig upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all C9sts, 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 OWNER. Dated: J1.(10!O~ All Basile; Secretary, Dynasty Development, LLC CITY OF POWAY Dated: )- '7 . (')~ By' M:\planninQ\cmr\mdra0320 lighting.cov.doc 01.\,'.135 " ~ o. 19!6 . CALIFORNIA ALL,PURPOSE ACKNOWIlEDGMENT " I Slate of California b } ss I County 01 i1/f!' _ / Ei? 0 I' On jFC~//J. ZtJO~eforeme,/1-;YUI5 Ji;/#.A/;tJ~MUC- Date ' I Nama and.TitleolOff,cerie g.;o!"Jane Doe, Notary Public") personally appeared LJ.,E ;f/ J L-C' Name(s)ofSigner(s) I D personally known to me ~oved to me on the basis of satisfactory evidence a ~~~ to be the person~ whose name~ is/~ c.'- Commission # 1450304' subscribed to the within instrument and ! .'" Notary PublIc - Cafitcimla acknowledged to me that he/SJi<:lt~ executed j San DIego County - the same in his/l1)tcLttj)o{t authorized _ _ _ ~:~:!~~9~~7t capacity~, and that by his/l1)otLth9iL signature~on the instrument the person(~ or the entity upon behalf 01 which the person(*, , acted, executed the instrument. I OPTIONAL Though the information below is 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: I , Document Date: Number of Pages, Signer(s) Other Than Named Above: " capacity(ies) Claimed by Signer Signer's Name: I . I D Individual Topol thumb hP.re D Corporate Officer - Title(s)' I D Partner - D Limited D General I D Attorney,in-Fact D Trustee D Guardian or Conservator D Other' Signer Is Representing: @ 1999 NatIOnal Notary Association. 9350 De SOlO Ave P.O. Box 2402. Chatsworth, CA 91313-2402' www.nalionalnotary.org Prod. No.S907 Reorder: Call Toll Free 1 800-876-6827