Covenant Regarding Real Property 2002-0097734
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.DOC. 2002-0097734
2002,0097734
RECORDING:REQUEST BY:
CITY;OF,POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CIT"i"OF POWAY
PO BOX 789 .
POWAY'CA'~2074-0789
.0,
.'FEB 05. 2002 9:25
IJFICIAI. RIDlRDS
SAN DIEGO coumv RECORDER'S ilFFlCE
GmJ1lRV J. SIUTH. CllUIITV RECORDER
FtIS: . 13.00
AM
004978
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COVENANT REGARDING REAL PROPERTY
Whereas MAD I PowClY, LLC, PROPERTY OWNER ("OWNER" hereinafter) are the
owners of real property commonly known as Assessor's Parcel Number 321-420-08
("PROPERTY" hereinafter), and more fully described as:
Lot 8 Southern Hills' Estates of the City of poway Tract Map 89.05, in the City of
Poway, County of San Diego, State of California, accorc!ing to Map thereof No.
14040,.filed in, the Office of the County Recorder of Sail Diego'County, September
20, 2000.
In consideration of the approval by the City of poway ("CITY" hereinafter) of Minor
Develop.r.nent Review 00- WB",involving construction of a 5,700 sq, fLsingle family as a condition
of TIM 89-05, OWNER hereby agrees to the following:
1) Installation of fire sprinkler system' is required in all living structures, future
adc!itions, andguesthouse.
2) Restriction of removal'of,native vegetation inopen space lot.
3) Maintenance of vegetation in accordance with'the City of Poway's Wildland fuel
ManagemeniMitigation Plan for zones 2,3, and 4. '
4) Restriction of any permanent structures greater than 2 feet in height otherthan
fences, walls, ~ild p'ools~ within zone 4 of the Wildland Fuel Management
Mitigatiof) Plan.
5) Restriction of anYI>."ermanent structures including but not limit to: fences, walls,
pools, gazeb"os,in Zones 1 though 3 oUhe iJilildland Fuel Management Mitigation
Plan.
6) No portion of any future guesthouse shail ever be rented or lea'sed as a separate
unit, and that no kiichen facilities shall ever be installed.
This Covenant shall run with-the land and be binding upon and inure to the benefit ofthe
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that Minor Developmel]t Review Application 00-108 expires or is rescinded by
City Council, and building per!l1its are never obtained to construct the proposed addition, CITY
shall at the request of OWNER expunge this Covenant from'the record title of PROPERTY,
In the event of liti9?tion'to enforce the provisions ofthis,Covenant, the prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other p,arty.
150-1-1'1
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Dated:
D,ated:
Dated:
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OWNERS:~
By: /I'D, "'-e.JUD .
(Notar,izet ~nty MCCUllO~
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By:
(N ze Brett Ames
~A \) \ T'o..:o.,"/, LLC '
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~:Ai..;FORNIA.,AL:L.PURP'E ACKNOWLEDGMENT
'04980
State of
efore me.
~eandTlueo
Name(s)01 Signer(s)
'Dt'personally known to me - OR - o proved to me on the basis of satisfactory vidence to be the person(s)
/ v 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 theperson(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
personally appear
~ - -, - - - -J~~E~EUs- -I
(I Commisslon# 1243251 %
<' . '. Notay PiJblic - califomiO., ~
~ "':,' - San DIegO County 1
i ~, 0 .~'Zl2lXXl
MyComm.E><pi"eS'~' ,,' ,
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WITNESS m hand and official seal.
Signatureo! Notary
OPT!
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudu./ent removal and reattachment of this form to another document.
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
Titie(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 - 0 Limited 0 General
o Attorney-in'Fact
o Trustee
o Guardian or Conservator
o Other: To:) of thumb here
Signer Is Representing:
Signer Is Representing:
01994 National Notary Association' 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder" Call Toll-Free 1_600_876_6827