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Covenant Regarding Real Property 2015-0472760y RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 DOC# 2015- 0472760 11111111111 IIIII IIIII IIII I IIIII 11111 IIIII IIIII VIII VIII VII I IIII IIII Sep 04, 2015 02:52 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 Jeanne A. Gillingham, an unmarried woman, and Francois L. Pasalich and Jeanne Pasalich, husband and wife, all as joint tenants ( "OWNER" hereinafter), are the owners of real property commonly known as 13058 Seiler Street ( "PROPERTY hereinafter) and more fully described as: Lot 118 of Russ Estates, Unit No. 1, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 4472, filed in the Office of the County Recorder of San Diego County, February 2, 1960. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B14 -0659, a request to construct a detached non - habitable, accessory structure at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached non - habitable accessory structure shall never be used as habitable space; shall not have complete kitchen facilities, heating, or air conditioning; and the non - habitable structure shall never 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 non - habitable accessory structure 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. ER: Dated: Jeanne A. GNingharn (Notari Dated: Francois L. Pasalich (Notarize) Dated: 8 21 15 AVGA&c l/ ) Jeanne Pasalich (Notarize) CITY OF P WAY: Dated: % By: J,2 R rt J. Manis, Irec or f e elop ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1188 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 �f1i4/ J/�6 O ) On &lloZ7 Z&V before me, Y /11LL /S &11it1W, /yITA�Qf Date / / Here Insert Name and Title of the Officer ,L��[Jt personally appeared Jtfj/Vit/E / � . C71 [ /.alp 4A1 41vh L / me(s) of Signe ) h- ,// A/�1fI/YiyE �/Sf%L /L f% who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that )life /they executed the same in hjlktli e. ltheir authorized capacity(jes), and that by Wh)Wtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wallotary PHYLLIS SHINN mmission • 1956215 Public - California San Diego County s My Comm. Expires Nov 9, 2015 r Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS mend official seal. �Signature Signature of Notary Public OpflONAL 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 Docu�1eM Title or Type of Document: (�!)UE.�/I�T Do ant Date: ✓S Z7 ZP J Number of Pages: ) Signer(s) Other Than Named Above: FOA6 _r . & 1-9 11-r Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: :%4r(x= C¢zrcR_'C.?A14%(¢-:4�' x% G' z3z .R.'rrc`R"�4rrC.'EG4J84,ZS4'F, m�>` ci;`. �l1cf'. zz. � (^�(9Kacf;`CU�t:�fe6�QR."�.ez�e 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907