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Covenant Regarding Real Property 2001-0563618 .. f$ PJ Nfl lUff .. J~ . DOC . 2001-0563618 c, R'ECORDINGREQUEST BY' CITY OF POWAY WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) ) ) ) ) AUG 09. 2001 9:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OfFICE GREGORV J. SMITH, COONTV RECORDER FEES: 13.00 CITY CLERK CITY OF POWAY P (j BOX 789 POWAY CA 92074-0789 (This space for Recorder's Use) No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Rosben L, Gutierrez and Ca.roll 0 Gutierrez, Husband :and Wife as Joint Tenants are the owners ("OWNER" hereinafter) of real property described in Exhibit "A"'which is attached hereto and made a part hereof and which, is commonly known as Assessor's Parcel Number 278~461~31-00 located at 14234 Harrow Place, Poway, CA ("PROPERTY hereinafter), In consideration of approval of a Building Permit to construct a 676-square-foot guesthouse.on the.referenced property by the City ofPoway.("CITY" hereinafter), OWNER herepy agrees that no portion of the guesthouse shall ever be -rented or leased, as a separate unit and kitchen facililies shall never be installed, This Covenant.shall run with the land and be binding upon and inure to the benefit af lhefuture owners, encumbrances, successors,heirs, persorial representatives, transferees and assigns of the respective parties, In the event that building'permits are never obtained to construct the proposed addition at the request of the OWNER, the CITY shall expunge lhis Covenant from the record title of the PROPERTY - 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 olher party The CiTY may assign to. persons impacted by the' performance of this Covenant lhe right to enforce lhis Covenant against OWNER. Dated: Co!?"'9/., ~ ~~ . ./ "-- sben L, Gutierrez, owne~ Dated: G".......... - 1-9 "-0 \ ~~.~ .({2 ~'O Car 011 0 Gutierrez, Owne CITY OF POWAY Dated: 11S"~1 ~~~~,"IS'Mre' By' C:\M.y Documenls\FORMS\Eovenant.guesthouse.~1Trpl.doc f5Dtf-lq OJ-ILj0 ~': . . ^ . EXHIBIT A LEGAL DESCRIPTION LOT 70 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, SATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12044, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, APRIL 18, 1988 / CA'~iFORNiA AD..L.PURP_E ACKNOWLEDGMENT . StateofCAk'; FO~.~I A- Gounty of SA-N ']:)i ElM> .--.- oU JUNE. :<''1, 200 I personally appeare:''"Kos6EOf.I before me, MAoI(l1C. A'SSo A Name aDO TIlle ot Ottlcer le.g., Jane Doe, Notary Public") L. G-\.A.'1l~,;(E:L ~('.A.I20LL. 0, GI.I.TiE6<.R.EZ Name(sj"ofSlg-nerlsj q<:: o personally known to me - OR - )ipraved to me an the basis ofsatisfactary evidence to be thepersa~ whose nam~i@)subscribed to the within instrument and acknowledged to me Ihat he/shel!@)executed the same in his/he~ authorized capacity~, and that by his/he~sigriature@lori the instrumentthepersor@), or the entityupon.behalf of which the perso~) acted, executed the instrument. ~------------J @ ~ ANNA MARIE CAfAS50 . . - Commission #tl58199 ~ '/'$ NOfOry. Public - Calif~nio ~ " . San Diego County - .,' MyComm, Expires Oct 9, 2001 WITNESS my hand and afficial seal. ~~,fJt:;;~~ OPTIONAL Though the information below is not required lJY law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and. reattachment of this,forl1! to another document. Description of Attached Documerit Title ar Type of Document: Document bate: Number af Pages' Sig!,er(s) Other Than Named Abave: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individuai o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attarney-in-Fact o Trustee o Guardian or Conservator o Other' Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Gua.rdian or ConserVatar D Other' Top of thumb here . Signer Is Representing: Signer Is Representing: @ 1994"Naliof1al Notary AS5o~.'ation. 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827