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Covenant Regarding Real Property 2003-04237800 'RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due i DOC 1 2003 - 4423'780 APR 14, 2003 8:18 AM . OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 14.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Kraig D. Stahl and Leah M. Stahl, husband and wife as joint tenants, as to an undivided one -half interest; and Lee Hartness and Priscilla Anne Hartness, husband and wife as joint tenants, as to an undivided one -half interest, ( "OWNERS" hereinafter), are the owners of real property commonly known as a portion of Assessor's Parcel Number 323 - 071 -18 ( "PROPERTY hereinafter), and more fully described as: Lot 1 of City of Poway Tract No. 97 -02, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 14547, filed in the Office of the County Recorder of San Diego County, February 19, 2003. In consideration of the approval by the City of Poway ( "CITY" hereinafter) of Development Review 02 -09, which includes the construction of an 868 - square -foot detached guest house, OWNERS hereby agree that no portion of the guest house shall ever be rented or leased as a separate unit, complete kitchen facilities shall not be installed, and no gas line and /or 220 ampere electrical service shall ever be installed. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrance's, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Development Review 02 -09 expires or is rescinded by City Council, and building permits are never obtained to construct the proposed guest house, the CITY shall, at the request of OWNERS, expunge this Covenant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 reimbursement 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 the OWNERS. °7L Mlffl 'covenant Regarding Real Property . Kraig D. and Leah M. Stahl, Lee and Priscilla Anne Hartness APN: 323 - 071 -18 Page 2 aa � Dated: y .0 Dated: ` 63 Dated: Jd /'?/z25 Dated: b 3 Dated: 6 - lO - ®, 3 0 Kraig D. Stahl, Owner Leah M. Stahl, Owner ee Hartness, Owner ^^ Priscilla Anne Hartness, Owner CITY OF POWAY: By: Niall Fritz, Director of Developm nt Services CALIFORNIA ALL -PURR ACKNOWLEDGMENT • State of IL dti " m County of >Ca . t eeV ") On / / b 4 '3 before me, �� �� �� / �� �cr¢� !/dd �ti / C- data Name and Title of Officer e ( g.,'Jane Doe, Notary Publ' ' personally appeared emg Pt Signer(sl ❑ personally known to me – OR – iWproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i6 /are subscribed to the within instrument and acknowledged to me that 4efehe /they executed the same in.bis/her /their authorized capacity(ies), and that by A ER his/hw /their signature(s) natures on the instrument the person(s), MELISSA WEAVER g O p O, 'a COMM. #1377571 or the entity upon behalf of which the person(s) acted, g NOTARY PUBLIC •CALIFORNIA$ executed the instrument. SAN DIEGO COUNTY CamlNssion E�yires OCT 1, 2006 WITNESS my hand and official seal. Signature of Notary Publk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 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(s) Signer's Name: • Individual • Corporate Officer R Title(s): Partner — ❑ Limited Attorney -in -Fact ❑ General ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT ,1. OFSINNER' Signer's Name: El 0 Number of Pages: a Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 - Fired. No: 5907 . Reorder Cell Toll -Free 1- 800.87 &6827