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Covenant Regarding Real Property 2002-0534268RECORDING REQUEST B ) DOC � 2002 -0534 ('DUB CITY'OF POWAY ) '005171 JUN 25, 200 e:46 „_ WHEN RECORDED -MAIL TO: ) OFFICIAL RECOQ SM DI_EGO, a llR REMER'S, DFFICE ,CITY CLERK ) GREGR J: SMITH, MUM RECORDER CITY OF "POWAY ) $: 19.001 P 0 BOX 780 P WAY CA 92074 =0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II No Transfer Tax Due (This space_ _?ooz- oesazse I IIII COVENANT REGARDING REAL PROPERTY Robert J Lamagno, an unmarried man, Bion J Murphy and Barbara L. Murphy, Trustees of the Bion J Murphy and. Barbara L. Murphy Family. Trust Dated June 28, 1989, as their,interest appear of record, ( "OWNERS" hereinafter) are the owners of land which is commonly known as Assessor's Parcel'Number'314- 860 -08 located at 13660 Holly Oak Way, Poway, CA ("PROPERTY hereinafter), and more fully described as. Lot 8 of City' of Poway Tract No. 99 -01 R, in the City of Poway, County of San Diego, State of California_, according to Map thereof Nor 14360, filed in the Office .of the County Recorderof'San Diego County, April 2, 2002. In consideration of.approval.for MDRA 01 -003 and a building permit to construct a single - family, residence on the referenced irregularly - shaped property by the City of Poway ( "CITY" hereinafter); OWNERS hereby agree to the CITY's determination of the setbacks for PROPERTY as shown in Exhibit A. Future additions to the residence on PROPERTY shall comply with said setbacks in accordance with the City of Poway Municipal Code. 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 that CITY approves a new lot configuration of PROPERTY, CITY shall expunge this Covenant from the record title of the PROPERTY Cot's,( Ors . 150Lj -Iq / Z03-1'O Oa_L,34 oos1if ,If either party is required to incur costs 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 The CITY may lassign 'to persons impacted by the performance:ofthis Covenant the right to enforce fhis,Covenan't against OWNERS Dated; c ir. ` Robert J. La !g�nio ,,,, Owner: % i Dated: �� �,2— r Dated, %li �1,rieA/fL Barbara &,Murphy QAe.CTru stee d& 'CITY OF POWAY Dated: �' ��} By' Niall Fritz ,'Diirector Development:Services MAp1anning\oda\mdm01 -03 vaughn ccv.dcc,� CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT (x51'73 No. 5907 State of County of &'j %at(�Q On 0[rt� /D, 2-002- before me, DATE NAME, TITLE OF OFFICER - E G , -JANE DOE, NOTARY PUBLIC- personally appeared NAME(S) OF SIGNER(S) ❑ personally known to me - OR - 2/proved to me on the basis of satisfactory evl ence to be the personnwhose name (sl is /are subscribed to the within instrument and ac- knowledged to me that he /sheftey executed the same in his /her /t+ie-r authorized capacity(-i-es-), and that by his /hef/their- signature2)'on the instrument the person or the entity upon behalf of which the persononacted, executed the instrument. JANE M. CARLSON e Commissian tl 1351638 I i Notary Public - California San Diago County y 6MD Comm. Expires Apr 16.2006 WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT N NUMBER OF PAGES %,tom i�; 20Oa DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O Box 7184 - Canoga Park, CA 91309 -7184 005174 State:of' /'Rlifo "rnis No 5907 County of 5q,j L7tt40 On n�DAT /8 Zoe_ before me, �/ANL�iNAM� /EOAAel -W "/ 12� �C�GViC; �( i JANE DOE, NOTARY PUBLIC" personally appeared )iofi k_ /. (7c� cam, _� X /,),_-vV NAMES) OF SIGNERS) El personally known to me' > - OR - E1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ire subscribed to the within instrument and ac- knowledged to me' that. -IielsheLthey executed the :same I.in h+s /hQ-rftheiY_ authorized capacity(i_es), and that by h+sther-ttheir signature(s), on the instrument the person(s), or 'the entity upon behalf of which the, l s1" person(s) acted, executed the instrument JAiYE�AA. CAKL'60N' Cemmissloni1351636! Notary Put lic catifomra San'oleao County. - WITNESS my hand and official seal; my con nl. E1a31ree APr,16, 200l5 SICNATURE OF NOTARY OPTIONAL. - . Though the data belowis not required bylaw; it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BTSIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ,ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNERS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT /2 / �ri /lc� /�, ((( TITLE OR TYPE Olt DOCUMItNf NUMBER OF PAGES Gc /'cam DATE OF'DOCUMENt SIGNER(S) OTHER THAN .NAMED ABOVE 01993 NATIONAL NOTARY` ASSOCIATION • 8236 Remmet Ave.,, P,O:Box 7184 -Canoga Park, CA 91309 -7184 176 `4 .4 -j -7-47-1 — 4 — T- '1 I e� 7 f i-all 13660 Holly Oak Way t F -- N a - I . -NOT TO SCALE 25'REAR YARD SETBACK �'10'SIDE YARD SETBACK 10' STREET'SIDEYARD SETBACK 25' FRONT YARD SETBACK EXHIBIT A