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Covenant Regarding Real Property 2003-0786540 . ~ R~~C;~DING REQUESTS'. ) . ~ 'DOG". 2003-0786540' ) 12934Jul:. 02. 2003 8---:>0 AM CITY OF POWAY ) - .c:....: .~ ) " OFFICIAL RECORDS WHEN RECORDED'MAIL TO: ) ;!;~ '~Sl1N;DIEGO COUNTY RECORDER'S OFFICE . ) ".\ GREGORY J. SIIITH, COUNTY RECORDER CITY CLERK ) FEES: 11.00 CITY OF POWAY ) p.O SOX 789 ) POWAY CA 92074-0789 ) ) (This space I lillil 11111 11111 II"i lill 111111 11111 ill" ""I "1111111111111 "" Illi '1 No Transfer Tax Due ) I~rl! .' ., ,I 2003-0786540 . " i!' ._... _.n ______ ,.._'_,-,--,---' --'--'-'--__ .__. " ." j.~,_ COVENANT REGARDING REAL PROPERTY Gregory Serras and Carole P Serras, husband and wife as joint tenants, ("OWNERS" hereinafIer).. are the owners of real property commonly known as Assessor's Parcel Number .275-260- 29 ("PROPERTY hereinafter), and more fully described as: Lot 14 of City of PowayTracLNo; 85-03TE, in the City of Poway, County of San Diego, State of California, according 10 Map thereof No. 12331, .filed in the Office of the County Recorder of San Diego County, March 7,1989. In consideration of the approval by Ihe City of Poway ("CITY" hereinafIer) of Minor Development Review Application 00~30, which includes the construction of an 1, 176-square~foot detached guest house, OWNERS hereby agree that no portion of the detached guest house shall ever be rented or leased as a separate unit and complete kitchen facilities shall never be installed. This Covenant shall run with the land and be binding upon and inure to the benefiLof the future owners, encumbrance's, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Minor Development Review 00-30 expires or is rescinded by City Council, and building permits are never obtained to construct the proposed detached guest house, the CITY shall, at therequest of OWNERS, expunge this Covenant from the record title of the PROPERTY 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 costs, including reasonable attorneys' fees, from the other party The CITY may assign 10 persons impacted by the performance 'of this Covenantthe right.to enforce this Covenant against the OWNERS. Dated: ~,,)3- (? .5 Dated: &-"").3-c3 CITY OF POWAY Dated: '-2..,-<<'3 By' A/ Niall Fritz, Director of Devel ent Services ~I~I 03--11\ t i ,,~~~ . ,1?-A~:,';{2~<:~~~~~;~~:~~~.~~~~~~:~~:~~~'~~;o~,;r;,. ,.' ,.,"" ""','. , " " " ,~ State ot C/\LIFORNI/\ '" , ^ 12935 () County of SA.N DIEGO g g On 6/23/03 before me, 'Robyn Weiss" Notary Public g I DOlle Name ,1nd "lie 01 ON'Cllr (e.g" Jane Doe, 1101<11'1 PuDI;::-l & Carole P. Serras 'I personally appeared Gregory Serras ~ Name!S!IJI Siqn'lrlsl ~ ,~rSonaIIY known to me " ".) I, iJ proved to me on the basis of satlstactor; eVidence ~ to be the person(s) whose name(sl is/are subscrrbed to the .~ within Instrument and acknowledged to me that he/she/they r fit ..". '",ss ~ executed the same in his/her/their authorrzed capacity(ies) ~, g and that by his/her/the" slgnature(SI on the instrument the i. - Comm. I 1377572 ~ In, 'OTARYPUSlIC ,CAliFORNIA UI person(s), or the entity upon behalf at which the person(s) 1 S,n Diego Counly : acted, executed the instrument. @ " ~v Comm. Expires Oct. 1.2006 ~ :8 WITNESS my hand and official seal. ~ ~ ' I ~ w~ g ~ I Signa lure 01 ,'.101;11'1 Pubhc ~ , OPTIONAL ~ '. Though the mform31ion below is not required bv law. It may prove valuable to oersons relYing on the documenl and could prevent g , fraudulent removal and reattachment of this form 10 another document. ~, ,~ g " ~ Description of Attached Document ~ &;; VUI c:vU- R<jo.r~ {("oJ p~ " " Title or Type of Document: ~ @ " 'I " Document Date: (p /z. "5 103 Number of Pages: ~ g Signer(s) Other Than Named Above: '.: ~ I, Capacity(ies) Claimed by Signer(s) Pi ~ Signer's Name Signer's Name, ~ i' o Individual o Individual '1 o Corporate Officer o Corporate Officer Q: I Title(s) Title(s) ~ " o Partner - 0 limited 0 General iJ Partner- 0 Limited 0 General ~ ~ , iJ Attorney-in.Fact o Attorney,in,Fact :~ ' ,. [J Trustee [J Trustee I Ii'.! iJ Guardian or Conservator o Guardian or Conservator o Other' o Other' Top or thumb here Signer Is Representing: Signer Is Representing: ~ ~ f. ~ Pi g g '- =,.x 01996 Nal>on.ll NOlary ASSOCI~llon 8236 ~f!mmpl ....v~. PO Bo. llH4 C.Jl'1oq.:J P'lr~ CA'I1309.7184 P'o<J N<) ~~O~ R"offle, c',ll ro'I.F','l~ 1.>jOIJ'-1/tj.6821