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Covenant Regarding Real Property 2002-0154396 .~ .'i r .' ^ RE'CORDING REQUEST BY:. ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY'CLERK ) CITY OF POWAY ) POBOX 789 ) Ii POWAY CA 92074-0789 ) ~r ) No Transfer Tax Due ) DOC '2002-0154396 FEB 25. 2002 8:27 AM OFFICIAl. RECORDS SAN DIEGO COUNTY RECORDER'S OFEICE GRffillRV J. SMITH, COUNTV RECORDER FEES: 13.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Michael William Kasold, a Married Man as Sole and Separate Property, is the owner ("OWNER" hereinafter) of real pr<?perty described in Exhibit "A", which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 314-181-47-00 located at 14338 York Avenue, Poway, GA ("PROPERTY hereinafter). In consideration of approval of a Building Permit to construct a 500-square-foot detached garden building on the referenced property by the City of poway ("CITY" hereinafter), OWNER hereby agrees that no portion of the detached garden building shall ever be rented or leased, as a separate unit aild 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 addition at the request of the OWNER, 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 reimbursernent of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. D",d / -rJ,i)-od-- ~;~4/ CITY OF POWAY ~ .~.(),- Dated: II- fQ By: velopment Services C:\My Documents\FORMS\Covcnant.guesthouse.smpl.doc iSo-l -I 9 O;;l~03:, , , . . EXHIBIT A LEGAL DESCRIPTION Those portions of Lots 14 and 15 of PALM COURT, west of York Avenue, in Block 1 of Piermont, in the City of Poway, County of San Diego, State of California, according to Map thereof No, 331, filed in the Office of the County Recorder of San Diego County, May 27, 1887 and lying between a line 50.00 feet south of the south line of Lot 16 and parallel thereto and a similar line 150,00 feet south of the south line of Lot 16. Excepting therefrom the south 50.00 feet thereof. -:;. . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r.€<'..&"--G<'--G<'''---.€<'=.€<'~~k<'-M--.€<'--=''--=--~''-'''''''-.€<'--G<'.G<'.G<'--=<'..&''''&~~ ~ State of California } ~ I ~ County of ~ ;j)1~O I ~ ~ ~ On TtlJlUllb1,,20. :JlX):I, before me. JllI.!1I tJAq.Jtl1. 1 ~Tttlb1 ~UC: ~ Date Name and Titte 01 OffIcer (e,g" "Jane Doe. Notary PubhC1 ~ personally appeared HI I'.UM;( JjIW ArII t'IlS!)U\ " I'~ ---- k'lGersonally known to me :~ iJ proved to me on the basis of satisfactory ~ evidence ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~I:' ,. " I ~I ';s/Individual :.. o-Corporate Officer - Tltle(s): " 0 Partner - 0 Limited 0 General I:' 0 Atlorney"n,Fact o Trustee o Guardian or Conservator L:==-- !@_.. ~ 6 () , I ' -<',,,,/.... DI~h1AGNER I COMM. #1332658 0 NOTARY PUBlIC,CALlFORNIA ~ SAN DIEGO COUNTY .. My CommissIon Expires I DECEMBER 1, 2005 . to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS I seal. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulenl removal and reattachment 0/ this form to another document. Description of Attached Document Document Date: eOvJ;NMT ~tml~t.j (J;Al ?/ZoPl-a:i'1 JAJUAI11 2.D..1tJllj m,J~ Tille or Type of Document: Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Mle<<-M,1.. tJIUCAr'l I::'flS~LI) Signer's Name: Top of Ihumb herE Q 1999 Nallonal Notary Association" 9350 De SOlO Ave_. P.O. Box 2402' Chalsworlh, CA 91313-2402 . wvlW,nationalnotary.org Prod. No 5907 Roorder: Call Totl.free 1.800.8766827 I ,I 1 ,I , ,I ,I ,I 'I " I " ',I , " " ,I " 'I " " """