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Covenant Regarding Real Property 2004-0638433 ~ -~--- -- . . .2004-0638433 . DOC# ~ ~ 111'1'"'1111"" ""' "11111111 ""'"1" 111111111111111 ""' "" /11/ ~ RECORDING REQUEST BY ) JUL 09. 2004 8'09 AM ) ~ CITYOFPOWAY ) ) OFFIUp.L RECOF:[I':, II ' WHEN RECORDED MAIL TO' ':,....:..1'l [ilEGCi cour'iT'l F:ECOFmER'S OFFICE ) ClREbOR', .1 '-;/"jITH COLl/H',' RECOR[IER ) rEES' l1.0u CITY CLERK ) P':':'.GE':, " - CITY OF POWAY ) 11""1111"11111111111111111111111111111111111111111111111111111111111111111III POBOX 789 ) POWAY CA 92074-0789 ) ) No Transfer Tax Due ) (This space for Recorder's Use) APN 273-102-22/MDRA04-25 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 49 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 273-102-22 ("PROPERTY" hereinafter). In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development Review Application (MORA) 04-25, a request to construct a 4,800-square-foot, one-story, single-family residence, which includes an attached guest house/casitas, on a 1 01- acre lot located at 13367 Old Winemaster Court in the Rural Residential C zone, OWNER hereby agrees that no portion of thEl guest house/casitias 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 In the event that MDRA04-25 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 ~TA ~"A >,~fSn,,,,lT CO. O/S~'CJ( Dated: By' OWNER: Bred: E. Ames (Notarize) Dated: ~h)1 By' Niall Fritz, Director of Deve M:\ptanning\Lisa\Projects\MDRA04-25 _McCullough _lot 49\covenant.doc b~\/oq'7:7 . . . . CALlf:'O&NI~LL.PURPOSE. ACKNOWLEDGMENT -'. --, - ,. . '- .. '-'- ".',' ~ -" , Statewf tlfl/.e rJ ~ , On personally appeared [. Name(i;) of Signer(s) ~perSonallY known to me -08- o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/......'subscribed to the within instrument .r., _, and acknowledg<3d to me that he/sRe.'lAey executed the same in his/het'/tttelr authorized capacity(ies), and that by I ~ "CANNE'""",, I hjs/he,!tl,cij signature(s) on .the instrument the person(s), or the entity' upon behalf of which the person(s) acted. ~ COMM. #1467833 0 executed the instrumen!. ~ .;NOTARY PUBlIC:CALIFORNIA III U' SANDJEGO'COUNTY ~ J ' .'. My Commission Expires. I FEBRUARY 3, 2008 . _ ._ . " ''Ce", " OPTlO Though the information below is not required by law, it may prove valuable to persons ~efying on the document and could prevent fraudulent rf!.mova~'and reattachment of this formhanother document. Description of Attached Document Titie or Type of Document: Document Date: Number of Pages: Sig~er(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Gorporate Officer o Corporate Officer Titie(s): Title(s): o Partner - 0 Limited 0 General o Partner -'0 Limited 0 General d Attorney-in-Fact o Attorney-in-Fact o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' Top 01 thumb' here o Other' Top of thumb here . . Signer Is Representing: Signer Is Representing: C 1994 National Notary AssOCIation' 8236 Remmel Ave., P.O.' SOl( 7184. Canoga Part;,' CA 91309-7184 Prod: No. 5907 Reorder: Call Ton-Free 1.80o:e76~~! j