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Covenant Regarding Real Property 1997-0062532 -- ~~ ;," -.--'~ . , ;' . No Transfer Tax Due lfb )~ ) /"). .) , ~795 ) ) ) ) ) ) 'o!u 1997-0062532 I1-FEB-1997 11 : 24'AM OFFICIAL.RECOROS SAH;OIEGOCOUHTY'RECOROER~S,OFFICE GREGORY'SnITH, COUHTY'RECOROER RF: 7.00' FEES: AF: 5.00 MF: 1. 00 13.00 ~ ,/ ,t'\ RE. CORDING REQUEST BY: ,- -',--- ..-.. ...-.. . .. CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY CA 92074-0789 (This space for Recorder's Use) COVENANT REGARDING' REAL PROPERTY Dani eland Jul ie Giltt i.. ("OWNERS' herei nafter) are the owners of real property described in Exh.ibU A which is attached hereto and made a part hereof and which iscommonl,y known as Assessor's' Parcel Number 278'-462-20 ("PROPERTV' hereinafter), I~ tonsideratio!1 of the 'approval of Minor ' Development Review 96-71 for the construction of a 846 square foot detached cabana by the City of Poway ("CITV' hereinafter), OWNERS hereby agree to abide by the following condiHons; 1) Owners shall not install a kitchen and 2) Owners shall not rent the unit, ~ 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 In the 'event that .Minor Development Review 96-71 expires or is rescinded by the City Couflcil at the reqlJe~t of the OWNERS, CITV shall expunge this Covenant from'the record title of the PROPERTY, In the event of 1 iUgahon to enforce the .provJsions of this CoVenant, the prevail ing party shall be entitled. to full. reimbursement of all costs, including reasonable attorneys' fees, from ~he other party. Dated; Z/' j 17 c1.~ /11 I ' '(?)tb1!LIj6a11J . Daniel Gatti, OWNER (Notarize) ~~~ Ju . Gatti';' OWtlER (Notarize) Dated; CITV OF POWAV Dated: .2-h/Q"1 By;'J;lL tJJU-d~- CALIFORNIA ALL.PUR~OS'ACKNO}VLEDGMENT . State of (l. a\; +='0'--'-"; q County of Sa,,", Di e..J 0 I, \ (H7beforeme, \!ic..1-o.--ia. CQ+,Q",,<s.a Name (lnd Title of Officer (e.g" 'Jane Doe. Notary Public") C:>Clnie.1 GCl+h t ::ruti-e. Ga-\-l-; Name(s) 01 Signer(s) 796 On F~b........c. '"::1 Dale personally appeared o personally known to me ~roved to me on the basis of satisfactory evidence l~', VICTORI..i'CAFASSO ~ - Comm.n 1119825 Ul' iiJ NOTAHV PUBLIC CALlFORNI! (J) ~, ~an Diego County : t. ~.. My Comm. Expires Dec. 15, 2000 to be the persor@.vhose nam~ is/@ubscribed to the within instrument and acknowl~d to me that he/she~ executed the same in his/her/~uthorized capacity(lii), and that by his/her~ignaturaaJ on the instrument the personlSP or the entity upon behalf of which the persor@) acted, executed the instrument. WITNESS my hand and official seal. uj; ,-,'. r,( Signature of NO~bIiC OPTIONAL Though the infonnation below is not required,by law, it may prove valuable to persons relying on the document and could prevent fraudulent.removaf and reattachment of this form to another document. , """---<l . Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's,Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other . Top of thumb here o Individual o Corporate Officer Title(s): o Partner - D Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other' RIGHT~THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: @1996National Notary Association' 8236 Remmet Ave., P.O. BOI: 7184. Canoga Pari<,CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800'876-6827 ..-,.--" "' .. . EXHIBIT A . ! PARCEL 1 7:17 LOT 42, OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,MAP THEREOF NO 12044, FILED IN THE OFFICE OF THE COUNTY 'RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1988, TOGETHER WITH THOSE PORTIONS OF THAT PORTION OF HARVEST COURT VACATED BY RESOLUTION NO 91-120 OF THE CITY COUNCIL OF THE CITY OF POWAY RECORDED NOVEMBER 1, 1991 AS DOCUMENT NO 91-0567612 OF OFFICIAL RECORDS, WHICH REVERT BY OPERATION OF LAW TO SAID LOT 42 RESERVING AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER, UPON AND ACROSS SAID PORTIONS OF THAT PORTION OF HARVEST COURT WHICH EASEMENT IS APPURTENANT TO THE "PROPERTIES" AS "PROPERTIES" IS DESCRIBED IN THAT CERTAIN GRANT OF PRIVATE STREET EASEMENTS AND DECLARATION OF COVENANTS PERTAINING TO POWAY TRACT 84-08 ROAD MAINTENANCE ASSOCIATION, RECORDED NOVEMBER 1, 1991 AS DOCUMENT NO 91-0567613, OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA ". 1