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Covenant Regarding Real Property 2008-0428127 ~ . ~- ;~ . DO~ , . 4631 2008-0428127 ~ 111111111111 11111l1li11111111111 11111 1/1/1 1111111111 11111 1111111111111 '-- '.. ~;',~'RECORDING REQUEST BY. ) I ) AUG 11,2008 2:29 PM CITY OF POlf'iAY ) f~ WHEN RECORDED MAIL TO' ) OFFIUAL F\EI=.IJPI(1'2, ) '_,,~,r'l [IIEGD COIINT'I RECUF:[IEF:":, OFFICE ) CiREIjOF:'1 .1 SMITH CuUrH'1 REI-"IlR[IEF: f CITY CLERK ) FEES 1 J.uO ;J CITYOFPOWAY ) PAGES: 2 POBOX 789 ) 1~~~I~~~~~~~~~~m~ ~Dd'\ POWAY CA 92074-0789 ) (This space for Recorder's Use) ~ APN 320-020-41 COVENANT REGARDING REAL PROPERTY Dynasty Development LLC, c/o Allen Basile, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described as Parcel 3 of Parcel Map .19409, in the City of Poway, County of San Diego, State of California as filed in the Office of the County Recorder of San Diego County ("PROPERTY" hereinafter). In consideration of the approval by the City of poway ("CITY" hereinafter) of Tentative Parcel Map 01-05R, and pursuant to City of Poway Resolution No P-08-12, OWNER hereby acknowiedges and agrees to the perpetual maintenance responsibility of the solid wood fence six feet in height and located within a few feet of the northern edge of the access driveway for the purpose of effectively screening vehicle headlights from directly shining into the residence located at 11570 Creek Road, consistent with the approved plan on file with the CITY Additionally, in consideration of the approval by the CITY, OWNER hereby acknowledges and agrees that Parcel 3 will not be sold until an access easement for the benefit of Parcel 4 of Parcel Map 19409 across Parcel 3 to Creek Road is executed to the satisfaction of the CITY 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, transferees and assigns of the respective parties. 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 ~~foj OWNER: Dynasty Development LLC Dated: BYc2Lcs~ Allen Basile (Notarize) Dated: ~// /jg- By' M:\plann ing\jason\covenant_ basi Ie _parcel3 (2) .docx O<6~ifI\ _ i Z ,- · · 4632 "'--" ", CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT --~ -: '""""~ --'"-...:!.~--,-''' -:-::-: . -,~ _.-0._ - > ~: ' ~-:-:: t~ State of California } :~:1;K . personally appeared /If;a 0L LG who proved to me on the basis of satisfactory evidence to SHELLEY COLLINS be the personj$1whose nam~Lare subscribed to the . CommlUlon # 17S7479 within instrument and acknowledged to me thaI i Holory PubUc - California I ~y executed the same in~/hor/their authorized Ban DIego Counly. capacity,VeSJ, and thatby~erIlAeif signaturejs)on the l_ _ _ _ _~:':'~'!,:~~~_1 J instrument the person,(s}, or the entity upon behalf of which the person(~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Place Notary Seal Above Ie OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DOC~1fnt '"" "'W-" Oo~~~ 1~~~~V\1 IlJ~VA '~3 (/Q IQ ~Vlfl'~ Document Date: 'I D ~ Numb of Pages: \ Signer(s) Other Than Named Above: \ aD qCJu \ d, Capacily(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual 0 Indivlduat o Corporate Officer - Title(s): 0 Corporate Officer - Trtle(s): o Partner - 0 Limited 0 General RIGHTTHUMBPRINT 0 Partner - 0 Limited 0 Generat RIGHTTHUMBPRINT o Attorney in Fact OF StG NER 0 Attorney in Fact 'OF SIGNER o Trustee Top of lhumb here 0 Trustee Top 01 thumb here o Guardian or Conservator 0 Guardian or Conservator o Other' 0 Other' Signer Is Representing: Signer ts Representing: "_ _~= ==-=_~:..:~_;~ :_1_.~_~ ~ 02007 NatiOllal Notary Assocl3.tion. 9350 De SolO Ave., P.O.8Ql( 2402. Ctlatsworth, CA 91313.2~02. www.NationaINotary.org lIem *5907 Reorder: Call Toll-Free 1-800-87~27