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In the event that Minor Development Review Application01-68 expires or is rescinded by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