Covenant Regarding Real Property 2004-0638441
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RECORDING REQUEST BY ) JUL 09, 2004 8'11 AM
(i )
CITY OF POWAY ) OfTICI".L RECORD',
) ':...:.JJ [qEGO COUNTY RECOF;[IEFr":. OFFICE
~HEN RECORDED MAIL TO: I'JF:EC10F:Y ,I. 'A..111 H, 1~.oUN 1'1' F:ECOR[tEF:
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o CITY CLERK ) lilllll 11111 11111 1111111111 11111 Illil 11111 11111 11111 111111111 1111111111111111111
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
APN 273-1 02-06/MDRA04-24
COVENANT REGARDING REAL PROPERTY
Santa Rita Investment Co. Inc., a California Corporation, PROPERTY OWNER
("OWNER" hereinafter), is the owner of real property described as LOT 33 OF CITY OF
POWAY TRACT 88-11, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 12761, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, 12/28/1990 and which is commonly known
as Assessor's Parcel Number 273-102-06 ("PROPERTY" hereinafter).
In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor
Development Review Application (MORA) 04-24, a request to construct a 4,740-square-foot,
one-story, single-family residence, which includes an attached guest house/cabana, on a 1 01-
acre lot located at 17854 Old Winery Way in the Rural Residential C zone, OWNER hereby ,
agrees that no portion of the guest house/cabana 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 guesthouse/cabana.
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In the event that MORA 04-24 expires or is rescinded by City Council at the request of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 entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party
SAI'l)'1\ Q\ IA ~\)E'Sr M.E-NT CO
Dated: b /tf.{) f By.OWNER:~d -
Brett E: es (Notarize)
bhh?( By.CITY;;;;:; ~
Dated: Niall Fritz, Director of Devel~ent Services
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M:\planning\Usa\Projects\MDRA04-24 _McCullough_lot 33\covenant.doc
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CALlFOFltriA _L.PURPOSEACKNOWLEDGIV!ENT
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On
personally appeared ~,
Name(s) ,?fSigner(s)
~erSOnallY known to me - OR -0 proved to.me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/ai'esubscribed to the within instrument
and acknowledg~d to me that he/sRa/tRey executed the
same in his/hefftheir authorized capacity(ies), and that by
I~ ""'""' 'tANTE I his/~ir signature(s) on the instrument theperson(s),
or the entity upon behalf of which the person(s) acted,
~....., COMM.,#1467833 0 executed the'instrument.
o. .NOTARYPUBUC'CAlIFORNIA l!l
'II iIIi SAN.DIEGO COUNTY ~
o " _ My Commission Expires I
I ,_!~BRUARY3,.~OO8
OP NAL
Though the information below is not required. by law, it may pro e valuable. to persons relying on the document and could prevent
fraudulent r~moval 8;nd reattachment ofthis form to another' document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate. Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner ~ 0 Limited 0 General
o Attorney-in-Fact o Attorney,in-Fact
o Trustee o Trustee
o Guardian or Conservator . o Guardian or Conservator
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
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01994 National Notary AssoCiation' 8236 Reinmet'Av~:, p.o. Box_ 71'B4. 6~n~a Park, CA 91309.7164 PrOd. No. 5907 Reorder: Call ToU-Free 1.800.876.6827