Covenant Regarding Real Property 2006-0274036
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RECORDING R~aUEST BY: . 1ft DOce 2006-0274036
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t CITY OF POWAY l~
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WHEN RECORDED MAIL TO: ) I APR 19, 2006 2:48 PM
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CITY CLERK ) OFFICI~.L RECORe/S
CITY OF POWAY ) SOl: DIEGO COUfIT'( RECOR[/ER", OFFICE
GF:EI:;ORY ,I ~.MITH, COUNTY RECORe'ER
POBOX 789 : 11986 FEES. 1100
POWAY CA 92074-0789 PAGES ::
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No Transfer Tax Due )
APN: 321-271-45 and 46/ MORA 01-102R 06-0274036
COVENANT REGARDING REAL PROPERTY
Divjak Zdravko Property Trust, 12-01-98 and Divjak Sharon K Property Trust 12-01-98,
PROPERTY OWNERS ("OWNER" hereinafter), are the owners of real property described as:
PARCELS 1 AND 3 OF MAP NO. 18655 IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER FILED ON MARCH 13, 2001, UNDER INSTRUMENT NUMBER 2001-
0144913.
In consideration of the approval of Minor Development Review Application (MDRA) 01-102R, by the
City of poway ("CITY" hereinafter), OWNER hereby acknowledges that the barn on Parcel 1 is an
accessory use to the residence on Parcel 3 and that the barn shall not be used as a dwelling unit. It is
further acknowledged that Parcel 1 and Parcel 3 shall remain under the sarne ownership (I.e., not
separately owned) unless the barn has been removed to the satisfaction of the Director of
Development Services, or a Minor Development Review Application (MDRA) for a residence has been
issued for the barn site (Parcel 1).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties. In the event that MDRA 01-102R expires or is rescinded by City Council at the
request of the OWNER, or unless the barn has been removed to the satisfaction of the Director of
Development Services, or a Minor Development Review Application (MORA) for a residence has been
issued for the barn site (Parcel 1), the CITY shall expunge this Covenant from the record title of the
PROPERTY.
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.
OWNER:
/1/28 /0S- --
Dated: By:
I Zdravko Divjak rustee (notarize)
Dated: 1k /;3 Zt%} 5 By: ~ff~
- Sharon K. Divjak, T stee (notarize)
Dated: .0\ By:
ent Services
M:\planning~ason\mdra 01-1 Q2R covenant. doc
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CALIFORNIA ALL.PURPO~ ACKNOWLEDGMENT
. State of c.AU Q-,7Tl\ '1 11987
County of ,5""" n\ej 0
On N()IJ~((1.. .2..~ ~s before me, mul-4-sr <(;..,v/-oJ,..
. Date Name and nile 01 Othcer (e.g., "Jane Doe, Notary PubliC.)
personally appeared 7"~\J\.l.Cl 'D'~ccl.z... (hI.cL ~>-U'1rCm 1.>.... 1'>l'6c.1L
Nama(s)of Slgner(s)
o personally known to me
~roved to me on the basis of satisfactory evidence
to be the person(llyvhose name(s) is/a~subscribed to the "
within instrument and acknowleDged to me that he/she/they
~ - - - - - -M~~'~TO-D - - ~ executed the same in his/he~r authorized capacity(ies),
@~. " Commission # 1480956 and that by his/her~ signatureW on the instrument the
~ . -a: . Notary Public - Colllomlo ~ person(:0., or the entity upon behalf of which the person(s)
. " Son Diego County acted, executed the instrument. -
'" MV Comm. Expires Apr 6, 2008
WITNESS my hand and official seal.
fI11J,,1:::. l~-
Signature 01 Notary Public
OPTIONAL I
Though the information below is not required by law. it may prove valuable to persons relying 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: GVC?t~ P.::JC'YcL'~ P-~ p-~Opp1.J.'f
Document Date: /2- II J "i ff Number of Pages: .:t
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
,
o Individual 0 Individual,
o Corporate Officer 0 Corporate Officer "
Title(s): Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
o Trustee 0 Trustee
o Guardian or Conservator 0 Guardian or Conservator
o Other: Top of thumb here 0 Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1996 NatiOnal Notary Association. 8236 Remmel Ave.. P.O. Box 7184. Canoga Par1l:, CA 913()9.7184 Prod. No. 5907 Reorder. Call Toll-Free H'~76-6827