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Covenant Regarding Real Property 2001-0132832 . DOC '2001-0132832 RECORDING REQUEST BY: ) ) CITY OF POWAY ) fB ) WHEN RECORDED MAIL TO: ) P5 ) I~ CITY CLERK ) CITY OF POWAY ) P 0 BOX789 ) POWAY CA 92074-0789 ) ) No Transfer Tax Due ) MAR 08. 2001 8:08 AM OFFICIAL RECORDS SAN DIEGO COUNTV RECORDER'S OFFICE GREGORY J. SMITH, COUNTV RECORDER FEES: 13.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Randal J & Cynthia L'.rv1o()re, Owners, ("OWNERS" hereinafter) are the owners of land described in Exhibit A which is,attached hereto and made a part hereof and which is commonly - known as Assessor's Parcel Number223-281-1600 ("PROPERTY hereinafter), In consideration of the approval of a building permit to construct a 736-square foot guest house on the referenced property by the City of Poway ("CiTY" hereinafter), OWNERS hereby agree that no portion of the guest house shall ever be rented or .leased as a separate unit, and kitchen facilities shall never be installed, 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 building permits are never obtained to construct the proposed guest house at the request of the OWNERS, the CITY shall expunge this 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' fee~, from the other party The CITY mayassi,gn to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNERS, Dated: )1 - I <:> - <';;:> "'" C~~,t7l--l~ ~ tr~ Cynthia L. Moore, Owner Dated: II-IO-~o t?J4/~ ,/J1~ CITY OF POWAY Dated: '^! 1'1/0 ( By' Niall Fritz, Director of Develo ff~ entServices " .,. ISOH9 O/-lJ3:J.. , ~... . . CAlIFO,FlN"AA.!-L.PVRPOSE~C~!'IOWL,~~DGMENT 5~~- On ll-(D,~OQ Oat\:) , before me" personally appeared " ~~~----~~-...-- €i CHRISTl A. BRAsil ~ ' Commission # 1196318 ,~ ~ "'" NotarY PUbR" ' Coiiiomia f ~ ' Sor'Diego COUnty f ' MyComm.Bopi'esSep14.2lXl2 - - -- -- - -- -- -:.. "'!"'.~ -' .:.... I " , , , " , Place Notary Seal Above , IYJDore Name(s)of Signer(sl o personally known to me 1fLproved to me on the basis of satisfactory evidence to be, the person(s) whose nam~is/~ subscribed to the ,within instr ment and acknowledged to me that he/ / xecuted the s5 in his/her h' authorized capacit i , and that by his/her heir signature on the instrument,the perso~9r) the entity upon behalf of which the person(,sf acted, executed the instrument. WITNESS my hand and official seal. C~'{)-IAcwJ) 51gnalure of Notary Pubhc OPTIONAL Though (he mformation belo,itv,is'riot'requiredbylaw, it may prove vallJableto persons relying on the document and could prevent' iraudulenr'femoval and reattachment oi this form "to another document. ~ , Description of Attached Document ' Title or Type oIDocumen\: (Cl V e.nC111 f Document Date: ~J'0~ (\I\.J.4.,.- Signei(s) Other Than Named,Above: " , Capacity(ies) Claimed"by Signer Sjgner's Name ~Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee', o Guardiah or Conservator D Other' 10 j R el'Q .,y d ry 12e a...t o , )C>u0 .Number of Pages: .p lope ':J 3 TopOl thumb here I, Signer' Is Representing: " " l:N - .--;g;.'g;.~'gj'Q0'9;:.: - @1997 Naliona.1 NOlaryAssoclalio~ 9350 De SotoAve PO'Box 2402 Chatsworth, CA 91313-2402 , ,", Prod:'No' 5907 Reorder' Call Toll-Free 1-800-876.6827 . . EXHIBIT A PARCEL A Lot 9 of CITY OF POWAY TRACT85"03 (GREEN VALLEY SUMMIT UNIT 1), in tbe City of Poway, County of San Diego, State of California, according to Map thereof No. 11974, filed in the Office of the County Recorder of San Diego County, December 11,1987, AS MORE FULLY DESCRIBED IN LEGAL DESCRIPTION.