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Covenant Regarding Real Property 2003-1243029mill ; 111111 ly.L.w. DOC 4.1 - RECORDING.REQUEST BY: CITY OF'POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P0 BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due OCT 09, 2003 8:48 Ahi OFFICIAL RECORDS SAN DIEGO MNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER -I I AA FEES: 11.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Lucidi Family LTD Partnership, PROPERTY OWNERS ( "OWNER" hereinafter) are the owners of real property ( "PROPERTY" hereinafter) which is commonly known as Assessor's Parcel Numbers 322- 011 -08 and 09 and more particularly described as follows: Parcels 3 and 4 of City of Poway Tract No. 98 -14 in the Cityof Poway, County of San Diego, State of California, according to Map thereof No. 18327, filed in the Office of the County Recorder of San Diego County, August 20, 1999, as of File No. 1999578661 of official records. In consideration of the approval of Conditional Use Permit (CUP) 96 -18M and Development Review _ (DR) 96- 23M,,a request to allow the establishment_of a, horse boarding_and_ training facility on PROPERTY, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that in the event that either of the two parcels upon which the facility is located comes under separate ownership, and one of the ownerships wishes to terminate the use on its parcel, the property owners shall request a public hearing, prior to termination of the use on the one parcel, for revocation or modification of the CUP. Prior to the termination of the use on one parcel but not the other, the CUP shall be revoked in its entirety. A property owner may request approval of a modification of the CUP to allow the facility to remain on one of the parcels. Such a modification shall be subject to a public hearing and must be approved and the facility constructed on one of the parcels prior to the cessation of use of the facility on the other parcel. 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 of litigation to enforce the provisions of this Covenant, the.prevailing party shalt be enItifled to full - reimbursement of!all costs, including reasonable attorneys' fees, from the other party. OWNER: L4G1rQ,,' f;L�tv o 3 7D PrrrSF�;P Dated: $ R (v By: we-c. ' oAl uci i (Notarize) 43- CITY OF POWAY Dated: L A By: &&ete Niall Fritz, Director of Deve 'Zonent Services D3-/a aoa- os /±�e�9' CALIFORNIA ALL-PURPO ACKNOWLEDGMENT IkA J State of County of &0 [N e D On AuSust�o�la.�G1D3 before me, SheAkie 4 •VVoPArL( jjCL�Pu Eli c DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE. OTARY PUBLIC' personally appeared' e - OR - [proved to me on the basis of satisfactory evidence Room X, u to be the personsa'j whose nameWdPare Carorilmona1421 -6" subscribed to the within instrument and ac- �yKd31c'caebI1W _ knowledged to me that 6�AheA4e* executed Sim *C=W&PWs the same in Iohe eir authorized ca acit p y(ias -}; and that by !OheF�Nheir signature a( on the instrument the person(&), or the entity upon behalf of which the person( -st acted, executed the instrument. WITNESS .,my, hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BTSIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER:_ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OE ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ( - QVena0 4 & . Qe0.1 propec!6Y TITLE OR TYPE OF'DOCL ENT 1 NUMBER OF PAGES ?10(P 10.3 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184