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Covenant Regarding Real Property 2015-0383161RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 277- 180 -11 DOC# 2015 - 0383161 I IIIIII VIII III�IIII�I IIII IIIIII VIII VIII IIIIIIII�I IIII VIII IIII IIII Jul 21, 2015 03:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $18.00 PAGES.2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY David G. Heyne and Anne L. Heyne, husband and wife as Joint Tenants ( "OWNER" hereinafter), are the owners of real property commonly known as 17070 Butterfield Trail, Poway, CA 92064 ( "PROPERTY hereinafter) and more fully described as: Parcel 1: Lot 52 of City of Poway Tract No. 89 -13R Old Coach Golf Estates Phase 1, Unit 1, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 13339; filed the Office of the County Recorder of San Diego County, July 5, 1996. Pursuant to Poway Municipal Code Section 17.08.180(6)6 and in consideration of the approval of Building Permit 15 -0905, a request to construct an attached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached guest house shall never have complete kitchen facilities installed and will not be rented or leased as a separate unit. This Covenant shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that a Building Permit is never obtained to construct the proposed attached 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. OWNER: Dated: - , ' / 1' �� -tt David G. Heyne (Notarize) SEE ATTACHED CALIFORNIA ALL PURPOSE ACANOAIBUINT Dated: Anne L. Heyne otarize) �7 '1 CITY OF AY: Dated: f I�/ s By: o rt J. Manis, Di(ectVr f D elopment Services 15-0 S`/ California All- Purpose Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 3Q l_y P'� tT before me, Gregg Miller, Notary Public, personally appeared GREGG MILLER Commission N 1994934 Notary Public - California San Diego County M Comm. Expires Nov 18, 2016 <f-� kA t�-- ANA L- . 4 F- `/N who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) id /are subscribed to the within instrument and acknowledged to me that h,91She /they executed the same in hisAl�er/their authorizecT capacity(ies), and that by hioIer%their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. 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 A 1N Document c Titre or Type of Document: ( / \1 ) �l Document Date: Y �/l Ll Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I��V iD ` i —/�C= I Signer's Name: ti�N l� 1=�i� L — Individual =" — Corporate Officer – Title(s): r Partner - Limited General Tap of thumb here _Individual =" orate Officer – Ti[le s —Cory ( ) Top of thumb here — — Attorney m Fact _ Partner - Limited _ General — Trustee _ in Attorney Fact _ Guardian or Conservator Other: "T Ohl AN _ Trustee Guardian or Conservator :yOther. T L- Signer is representing: Signer is representing: