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Covenant Regarding Real Property 2003-1340244 " .y ~ - 6720 DOC. 2003-1340244 ," 'O';RECORDfNGREQUEsr. ) ,~ ..... -,.' ) CITY OF POWAY ) NOV 05. 2003 9:07 AM ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGlJ COtJNTIi RECORDER'S OFFICE ) GREGORY J. SilHH, COUNTY RECORDER f~ CITY CLERK ) FEES: 14.00 CITY OF POWAY ) , ~ ~ PO BOX789 ) i 111111111111111111111111111111111111111111111111111111111111111111111' ) POWAY CA 92074-0789 ) ) ,I _I _ 200~: 134Q~44 I No Transfer Tax Due ) (This space for Recorder's Use) APN321"210-41 COVENANT REGARDING REAL PROPERTY Henry A. PainIer, Jr and CYr)thia S. Painter, husband and wife as Joint Tenants, PROPERTY OWNERS ("OWNER" hereinafter) are the owners of real property described in Exhibit A, which is attached heretO and made a part hereof and which is commonly known as Assessor's Parcel Number 32'1-21 OA 1 ("PROPERTY" hereinafter). I n consideration of the approval of a Building Permit, submitted on October 9, 2003~ to construct a 492.75-square-foot guest house, attached wiIh a breezeway to an existing single-family residence located at 14242 Golden Sunset Lane in the Rural Residential C zone, OWNER hereby agrees that no ,portion of the guest house shall ever be rented or leased as a separate unit and kitchen facilities shall never be insIalled. No natural gas connection or 220V electricity is permitted in the guest house 'kitchenette area. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances,successors, heirs, personal representatives, Iransferees and assigns of the respective parties. In the event that.Building Permit expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the evenI of litigaIion.to enforce the provisions bf this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party OWNER: Dated: ja-2-1'o3 By' ~ I Henry A. .Painter, Jr.. er (Notarize) Dated: /O-/I.tJ.3 By' fL:t/J d,:fLJ Oynltlia S. Painter, Owner (Notarize) / CITYOFPOWAY Dated: /tJ. '2..1) .03 By' ~:# Niall Fritz.. Director of e elopment Services M:\planning\Usa\Projects\ghcovenantyainter .doc 03-1 ::r8 ,. '~ ' . 6721 . , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '" .. .. .. =,c('-<X~'d~is:<E.-""'" ex' ,. State of California ~' } ss. County of &-11 ~rY On lOft!/!3 I personally appeared Dpersonally known to me g' proved to me on the basis of salisfactory .. e\1rrrence ~ _ _ _ _ _ _ _ _ _ _ _ _ to be the person(s) whose name(s) ~re LYNNElTET O'BERRY subscribed to the within instrument and ~'i9" : commlS~'o:'13i1766 f acknowledged t.o me that lJliIsj@theyexecuted 'l' e. . Notary Puoll_" Calofomla ~ the same In ~l)a!/thelr authorized . San Diego County 't (') d th t b H;.<':jb<> Ith . My Comm;'1'''l'i',," Jul,., 2005 capacI y les, an a y "",~r elr ."' slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ Place NutlfY Seal Above I Though the information below is not required by law, it may prove valuable to persons relying on the document I: and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: (0 ~ ;2.0.... crs ;( I, ~ Signer(s) Other Than Named Above: I\)~ Capacity(ies) Claimed by Signer Signer's Name: I ~r"-d"d I . I, lXLJIl IVI ua TOjJ 01 thul'nb here ~ D Corporate Officer ~ Title(s): ~ D Partner ~ D Limited D General ~.' . I [J Attorney in Fact ~ I D~_ A I 0 Guardian or Conservator g, D Other' Signer Is Representing: II L;(;; .~~'<..:<.;.'U(;.'<..:.<;,.-'(.;.(;.~~"<..A;.~'<..X;.'<X;.~~'C<;.'G<,;.'C<;.'C<;.'G(;.'G(;.~'Q(;.~~~'g;,.'g,;.~~'Qi..~~~__. __<.>'" @ 1999 National Notary Association. 9350 De SOlO Ave PO, Box 2402 . Chatsworth, CA 91313-2402' wwwrlationalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 , . . . . '- 6722 " EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1A. THE NORTHERLY 196.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP UNITED STATES GOVERNMENT SURVEY PARCEL 2A. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 30 00 FEET OF THE NORTHERLY 226.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY