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Covenant Regarding Real Property 2003-0095641 I . ;- -~_. ~ECORDING REQUA BY: , DOCM 2003-.0.095641 ) .~ " ) I JAN 28. 2003 9:11 AM CITY OFPOWAY ) ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) 9'(1~4 SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORY J, SlfIm. COUNTY RECORDER CITY CLERK ) FEES: 11.00 CITY OF POWAY ) POBOX 789 ) ( , POWAY CA 92074-0789 ) \ 1111111111111111111111111111111111111111111111111111111111111111111111': ) _"_ _ _ ~O3.0095641 No Transfer Tax Due ) (This space for Recorder's Use) F~ ~ e2f COVENAN7J" REGARDING REAL PROPERTY \COn Jerome A. Gilding and Trina L" Gilding, as Co-trustees of the First Amended and 'Restated Jerome A.and Trina L. Gilding Living Trust dated September 5, 2002, ("OWNER" hereinafter), are the owners of real property commonly 'known as Assessor's Parcel Number 273-102-18 ("PROPERTY hereinafter), and more fully described as: Lot 45 of City of Poway Tract No. 88-11, in the City of Poway, County of San Diego, State of California, accordii1g to Map thereof No. 12761, filed in the Office of the County Recorder of San Diego County, December 28, 1990. In consideration of the approval by the City of Poway ("ClifY" hereinafter) of Minor DeveJoP,rnent Review Permit, (MDRA) 02-78, a request to construct an approximately 6,040- squarecfoot residence, including a 465-square-foot attached, guest suite and a 1 ,588-square~foot _ -- ~ _attached 9<1ragec located at 1788Z.0Id Winemaster Way in, t~e~Rural Residential-C.zone, OWNER hereby agrees that no ,portion of the guest suite shall,everbe rented or leased as a separate unit, and kitchen facilities shall never be installed. Nb natural gas connection or 220V electricity is permitted in the guest suite wet bar area, This Covenant shall run with Jhe land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the Elyent that MDRA 02-78 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge,this Covenantfrom the.record tille of the PROPERTY e prevailing party 'fees; from the Dated: Dated: J~z.z.-uc, By' Niall Fritz, Director of Develo ent Services M:\PLANNING\ODA\COVENANT FOR GILDING GUEST SUITE.DOC .. J"\hL/-lq 03 {)Ia.. . I .. ,. , ., ; CAliFORNiA ALl.Pl.if&SE ACKNOWLEDGMENT _O~5 s~, 0' -zfJ:; County of ~ r On J-':<' "'5--c!2- before Date personally appeared ~ersonal1Y known to me - OR - 0 proved to me on the basis of satisfaCtory.evidence to be the person(s) , whose name(s))l!.:tere subscribed to the within instrument _ _ '"--' _ _. _ _ _ _ and acknowledgecrio me'that ~}lQ/.they executed the - r;;; UNDAFORE ' ~ same in ~iraytho,rize>d capacity(ies): and thatby _. _..,.",,' _'''''' "'gem,,,'" eo., ;"''',~" ,", ",,,e"I. I, ,Nolary.~bU_~-~Jomla ~ or the entity,upon, behalf of which the person(s) acted, j;~ ~ DIegoCotmly f executed theiristrument. . . . My ~ &pBsJanZ2.ZXl5 - - - - - - - - - - - WITNESS my hand and official seal. Though the information 'below is not required by law, it may prove valuable. to persons '(slying'on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document -- ~Title or Type of Document:- --~"7~ 4.-"'7Y- -. - Document Date: / - ;L'f ~O .3 Number of Pages: I 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 Partne>r - 0 Limited 0 General o Attorney,in-Fact 0, AttQrn@Ydn,Fact P Trustee o 1rustee, Q Gyardianor,Conservator . o Guardii'm:orConservator tJ Other' Topo(thiJmb here o Other' Top of thumb h~re Signer Is Representing: Signer Is Representing' @ 1994 National Notary Association' 8236 AemmetAve" P.O. Box 7184' Canoga Park, CA 91309-7184 Prod No 5907 Reorder: Cail Toll-Free 1-800-876--6827