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Covenant Regarding Real Property 2015-0469387RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN 323- 270 -06 MDRA14 -041 DOC# 2015 - 0469387 111111 VIII VIII (IIII IIII 111111 11111 lllil 11111 VIII VIII VIII IIII IIII Sep 03, 2015 03:56 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $21.00 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY PAGES. 3 Peter Maglaque and Sheila Maglaque, Husband and Wife ( "OWNER" hereinafter), are the owners of real property commonly known as 13060 Welton Lane, Poway, CA 92064 ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit 15 -0799, a request to construct an attached guest house approximately 440 square feet 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. OWNE Dated: lr V Peter Maglaque (Notarize) Dated: �la5l �JC J" I r Sheila Maglaq e ( otarize) CITY OF P WAY: Dated: ��/ By: '? — belt J. Mani D re or of a Ielopment Services 15 -'Oh I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 ( foIdll Ili On Date personally appeared who proved to me on the basis of satisfactory evidence to be the perso whose nam� i ar subscrib to the within instrument and acknowledged a that he/she/wexecuted the same in his/her authorized capacity�s and that by his/her Weir m the instrument the persoQD or the entity upon behalf of which the person sDacted, 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. MISTIE BREEN WITNESS my hand and official seal. Commission 2075799 Notary Public - California z San Diego County - Signatures Rl&�&ktt) My Comm. Expires Jul 31, zot a Signatuni of Notary Public 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 Aft Title or Type of D( Number of Pages: Document Document Date: Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: igner's Name: orate Officer — Title(s): ❑ Partne ❑ Limited ❑ General ❑ Individual Attorney in Fact • Trustee rdian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 305.00 FEET OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, BEING THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO HAROLD B. AKRIGHT, ET AL, RECORDED DECEMBER 9, 1956, IN BOOK 6385, PAGE 249 OF OFFICIAL RECORDS; THENCE SOUTH 0 043'58" EAST ALONG THE WESTERLY LINE THEREOF, 225.00 FEET MORE OR LESS, TO AN ANGLE POINT THEREIN; THENCE SOUTHERLY CONTINUING ALONG SAID WESTERLY LIKE TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 321.00 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOU H"WEST QUARTER OF SAID SECTION 18; THENCE CONTINUING SOUTHERLY ALONG SAID AKRIGHTS LAND, 240.00 FEET TO THE TRUE POINT OF BEGININING; THENCE NORTH 89°1530" WEST PARAI Ft. WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 128.50 FEET, THENCE SOUTH 1°23'45" EAST TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18, WHICH INTERSECTS THE WESTERLY LINE OF SAID AKRIGHTS LAND DISTANT THEREON 180.00 FEET SOUTHERLY OF THE TRUE POINT OF BEGINNING; THENCE SOUTH ST 15-30" EAST ALONG SAID PARALLEL LINE TO SAID WESTERLY LINE OF AKRIGHTS LAND; THENCE NORTHERLY ALONG SAID WESTERLY LINE, 180.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TO BE USED M COMMON WITH THE GRANTORS AND OTHERS, OVER A STRIP OF LAND 60.00 FEET IN WIDTH OVER THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DESCRIBED IN PARCEL 2 IN DEED TO HAROLD B. AKRIGHTS, ET Al., RECORDED DECEMBER 15, 1956 IN BOOK 6386, PAGE 130 OF OFFICIAL RECORDS, LYING NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE HEREINABO VE DESCRIBED IN PARCEL 1. APN: 323 - 270-06-00