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Covenant Regarding Real Property 1999-0088368RECORDING REQUEST BY: ) CITY OF POWAY WHEN RECORDED MAIL TO: )? 15 3 CITY:CL'ERK_:..' CITY'OF POWAY ) c P O BOX 789 ) POWAY CA 92074 = 0789'''•' FEB 12, 1999 8:05 AM OFFICIALRECORDS �99��9949 No Transfer Tax Due ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Alan D. Gold and Debbie L. Gold, Co- trustees, U. T. D. December 28, 1995, ( "OWNER" hereinafter) of land described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 275 - 270 -19 "PROPERTY" hereinafter). In consideration of the approval of Minor Development Review 98 -102 and an approved building permit to construct a 500 square foot detached guest house by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit and kitchen facilities shall never be installed without first obtaining the required approvals and permits from the City of Poway. This .Covenant'shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that building permits are never obtained to construct the proposed guest house 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 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 OWNER. -__ Dated: 1 1 q 9 Dated: // Dated: -Afan D. Gold, Owner CITY OF POWAY Reba Wright-Quastl5f, Director of Planning Services STATE OF CALIFORNIA COUNTY OF SAN DIEGO r 1 1 - 15 ss On %J9P11I0nd 1-3 before me, sklla A • AlifeS a Notary Public in and for said County and State, personally appeared Debb /e lee Ca personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 4k4lshe executed the same in-h4 /her authorized capacity, and that by-hig /her signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. STELLAA.V✓;LES WITNESS my hand official seal. M Comrnissicn 1157099 z:;y ?X NCfory ruolic— California y San Diego County My Comm.Exc'resSeo" '48,2001 Signature of Notar CAPACITY CLAIMED BY SIGNER: Individual Corporate Officer Title: Partner Limited General Attorney -in -Fact Trustee Guardian /Conservator Other: 21 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On J0rV4gU4 k3 / before me, sleyl 14 { {'y/ lL � a Notary Public in and for said County and State, personally appeared Abu 't 6014 personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she�xecuted the same in hisLheicauthorized capacity, and that by hisAheP signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument 9 STELLA A. WILES f Commission R 1157099 Notory Public — California z :> Son Diego County My Comm. EXQ r es Sep 28, 2001 WITNESS my hand and of s Signature of Notary CAPACITY CLAIMED BY SIGNER: Individual Corporate Officer Title: Partner Limited General _✓ Attorney -in -Fact X Trustee Guardian /Conservator Other: 2156 LEGAL DESCRIPTION Lot 31 of City of Poway Tract No. 88 -15 Unito No. 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 12466, filed in the Office of the County Recorder of San Diego County, September 22, 1989. EXHIBIT A