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Covenant Regarding Real Property 2002-0985572 .. ( ':'''RECQRQING,REQUEST' rOU DOc,e# 2002-09855'72 f<i . CITY 0F P0WAY ~ NOV 05, 2002 10: 35 AM ,.0 vvHE;N RECORDED MAIL TO:) OFFICIAl. RECORDS ];1 r. ) SI1N DIEliO CllINTV RECORDER'S OFFICE 00 CITY CLERK ) GREliOR'I J. :SIIITH, COUNTVRECORDER I 'CITY OF PpWAY ) .' . FEES: 14.00 P P BOX 789) _ POWAY CA92074-0789 ) ) No Transfer Tax Due ) I COVENANT REGARDING, REAL PROPERTY Vernon Roether and Jeannette Roether, Husband and Wife as Joint Tenants, PROPERTY OWNERS ("OWNER" hereinafter) are the owners of real property described in Exhibit A, which is aitached hereto and IT)ade a part here()fand which is commonly known as Assessor's Parcel Number 275-032-02 ("PROPERTY" hereinafter), In consideration of the approval by the City of Poway ("CITY" hereinafter) of Minor Development Review Application (MDRA) 02-47, a request to construct a 4,724"square-foot, one- story, singlecfamily residence, .with a' 4, 724-square-foot unfinished basement, an 850csquare-foot pool/guest house, and detached garag'e'with 1,056 square feet on a11-acre lot located at 16780 Espola Road in Rural Residential C',zone, OWNERS hereby <jgree that, no pqrtion of the pool/guest hbuse 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 kitchenette area of the pool/guest house building. This Covenant shall run.with the;landand be binding'upon and,.inure to the benefit of the future owners, encumbrances, successors, heirs, personal representaiives', transferees and assigns of the respective parties, In the event that MDRA 02-47 expires or ,is rescindecj by City, Councllat the request of the OWNER, CITY shall expunge this Covenani (rom the record title ofihe PROPERTY In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of allc6sts, including reasonable .attorneys' fees, from the other party OWNER: Dated: 10 2-S- -02- Dated: jO.J- ~. () 7- /J' annette Roether, Owner (Notarize) CFfY OF POWAY Dated: 10 /n I D :l-- By' , elopnient Services M:\planning\Usa\Projects\MDRA02~47 _Ro~ther res\mdraQ2-47cQv.doc ,ft: l; f'.' Jsc4-/9 (),;) -/oS' ! I~ . 9'5 EXHIBIT"A" LEGAL DESCRIPTION pARCEL 3 AS SHOWN 0N RECORD OF SURVEY MAP NO 4056, IN THE CITY OF POWAY, COUt:JTYOF SAN DIEGO, :STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1956, ,SAID PROPERTY BEING A PORTION OF THE WEST ,HALF-OF SECTION 25 AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHE6SIT" QUARTER OF SECTION 26, ALL IN TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF , ~ . .-, \r~ . 90. , CALIFO.IR~IA'ALL.PUIRPOSE ACKNOWLEDGMENT ~'f, - - -$'X' I' 'I 1 State of California } ss 1 1 County of San Diego On 10/25/02 , before me, Frances Tarves Date . Name and Title of, Officer (e.g., 'Jane Doe, Notary Public") personally appeared Vernon Roether and Jeannette Roether Namels) a/Signer(s) D personally known to me 1 Xi! proved 10 me on the basis of satisfactory I' evidence 1 to be the person(s) whose name(s) i~ subscribed to the within instrument and 1 acknowledged to me that he/she~xeCUled 1 the same in his/her~ authorized J - - - - - ;~c~ ;~- - ~ capacity(ies), and that by his/her/@ 1 signature(s) on the instrument the person(s), or 1 _~ Commisslorilll238363 the entity upon behalf of which the person(s) ~" ,.... NotcryPubrlC - CoIn~ f 1 1 j '.. Son Diego ,County f acted, executed the instrument. I I' 1 _ ~ _ ~~m~~~l~~ WITNESS my hand and official seal. 4-~/~ Place Notary Seal Above Signatureol Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fiaudufent removal and reattachment of this form to another document. 1 I' Description of Attached. Document 1 Title or Type of Document: Covenant Regarding Real Property 1 I, Document Date: 10/17/02 and 10/25/02 Number of Pages: Two (2) 1 Signer(s) Other Than Named-Above: Niall Fritz, City of Powav 1 Capacity(ies) Claimed by Signer 1 Signer's Name: Vernon Roether and Jeannette Roether U Individual . Top of thum~J here o Corporate Officer - Title(s): o Partner o Limited 0 General o Attorney in Fact o Trustee D Guardian or Conservator I 1 o Other' 1 1 Signer IsRepresenting: 1 @1997NalionaINolar(Association 9350 De SotoAve., PO Box 2402 Chalsworth. Cft 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827