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Covenant Regarding Real Property 2015-0436670RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 314- 670 -60 DOC# 2015- 0436670 1 111111111111111111111 I I I 1 1111111111111111111111111111111 I i l l l 11111111 Aug 18, 2015 12:30 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 Joseph C. Horiuchi, a single man ( "OWNER" hereinafter), is the owner of real property commonly known as 14825 Morningside Drive ( "PROPERTY hereinafter) and more fully described as: The Southwesterly 153.90 feet of Lot 47 of County of San Diego Tract No. 3503 -1, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 9255, filed in the Office of the County Recorder of San Diego County, on July 20, 1979. Pursuant to Poway Municipal Code Section 17.08.180(8)6 and in consideration of the approval of Building Permit B15 -1121, a request to construct a detached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached 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 detached 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. Dated: 4 A Dated: I LVIPI/ 5— LOOSE CERTIFICATE ATTACHED DATE OF NOTORIAL ACT: 7/� /ors OWNE C. Horiuchi (Notarize) CITY OF POWAY: By: �7 ,(Y,,r-2 R b rt J. Manis, Dio(ectofof Yevek&nt Services /5 -05(0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 t' On / Date personally appeared before me, r kv /i Insert Name and Title of the Name(4 of Signer(s- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he /ske/lhley executed the same in his/hef/thetrauthorized capacity(iee}, and that by his/aeWtkeir signature(*on the instrument the person*, or the entity upon behalf of which the person(oected, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif is that the foregoing paragraph is true and ect. WIT S my hand a officio kaDENNIS DEAN BUTTS " Commission M 2096781 Sig Notary Public - California i $ignature Of San Diego County My Comm. Expires Jan 11, 2019 J Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _' Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C Individual ❑ Attorney in Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: `i Corporate Officer — Title(s): J Partner — ❑ Limited ❑ General _i Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other- Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907