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Covenant Regarding Real Property 2004-0638441 / - -- ----- - - . 11I1"illlil?ilml~I"~I"III;III~I~I~I~I~I"III" "II . . .. ,. -- - 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: ) FEE" 11 UII ) P:":'J':lE':. 2 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 In the event that MORA 04-24 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 I M:\planning\Usa\Projects\MDRA04-24 _McCullough_lot 33\covenant.doc ~1-a1q ~ . . . . CALlFOFltriA _L.PURPOSEACKNOWLEDGIV!ENT ^. ~ . -.-. tPJ/~~ r 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: . . 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