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Covenant Regarding Real Property 2002-0154395 f~~'!o~' , " , .' ., -~ . DOC .. 2002-0154395 RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) FEB 25, 2002 8:26 OFFICIIlL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE IMEIlRV J. SMITH, COOOV RECORDER FEES: 13.00 AM WHEN REC_OR~ED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY CA 92074-0789 ~ 8f COVENANT REGARDING REAL PROPERTY Whereas MAD I Poway, LlC, PROPERTY OWNER ("OWNER" hereinafter) are the owners of real property commonly known as Assessor's Parcel Number 321-420-07 ("PROPERTY" hereinafter), and more fully described as: Lot 7 Southern Hills Estates of the City of Poway Tract Map 89-05, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 14040 filed in the Office of the County Recorder of San Diego County, September 20, 2000. In consideration of'the approval by the City of Poway ("CITY" hereinafter) of Minor Development Review 01-68, involving construction of a 7,100 sq. ft. single-fami!y residence and two two-car garages as a condition of TIM 89-05, and a 400 square foot guest house as a condition of MDRA 01-68, OWNER hereby agrees to, the following: 1) Installation of fire sprinkler system is required in all living structures, future additions, and guesthouse. 2} Restriction of removal of native vegetation in open space lot. 3) Maintenance of vegetation in accordance with the City of Poway's Wildland fuel Management Mitigation Plan for zones 2, 3, and 4, 4) Restriction of any permanent structures greater than 2 feet in height other than fences, walls, and pools, within zone 4 of the Wildland Fuel Management Mitigation Plan. 5) Restriction of any permanent structures including butnot limitto:fences, walls; pools, gazebos in Zones'l though 3 of the Wildland Fuel Management Mitigation Plan. 6) No portion of the,400 square foot guest house shall ever be rented or leased as a separate unit, and that no kitchen facilities shall ever 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 In the event that Minor Development Review Application01-68 expires or is rescinded by City Council, and building' permits are never obtained to; construct the proposed addition, CITY shall at the request of OWNER expunge this Covenant from the record title of PROPERTY, Lot 7 - Southern Hills Estates Page 1 1/29/2002 I$O'H'1 {)OJ-D3::l- ,. ,.-1 ;'......., ~, ....~,. , . . In the ~v~nt of litigati.on to enforce the provisions of this Covenant, the prevailing party shall be entitled to fullreimbursementofall costs, including reasoriableattorneys' fees, from the other party, Dated: /Z-Y_,lJ'1.- By: ~ON~ 6^t?Jt.kJ~ By: ' ~~OUgh' (Owner) MAO \ pol/JM. u...C. , Brett Ames (Owner) Dated: rL. .i-1.o~ Dated: bo - J-S -0 ). ByGITYO:;Z~7-~ Niall Fritz, Director of Development Services Lot 7 - Southern Hills Estates Page 2 1/29/2002 f.'. ., " , . . CALlF~!I!'II,~.A~L:~~I!~~SE..A~K.N~VtlL,E~~!III_E!'I:r I I State of California County of ~ ();p .-.-- On \jM~J1" personally appeared -;~-, } ss "XpersOnally nown to me o proved to me on the basis of satisfactory evidence to be the persbn(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 signature(s),on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , , , I " I I -----------1 JEANNE SEUS r::; Commission il12.cJ251 ~ ti~.:;,~ I' Notay PubIlc'~ G~alifomia l ] ~~ San Dieg.o Counly t i "';,:[~ My Comm. f>cpies Nov23. 2lXl3 G,.'-.ulr-.... ..... --.. -- - - - - - - - y hand and official seal. Notary Public Place Notary Seal Above OPTIONAL Though the information below is'not re.quired by law, it may prove valu?JbJe to persons relying on the document and could p(event fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: , , Capacity(ies) Claimed by Signer 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: I I Number of Pages: . Top of thumt here ~~- @1997NationaINolary.6.ssociatiofl"9350De'SotoAlle P.O. Box 2402' Chatsworlh. CA 91313-2402 Signer Is Representing: Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827