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Covenant Regarding Real Property 2015-0480220RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 323 - 180 -09 DOC# 2015- 0480220 Sep 10, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $21.00 PAGES 3 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Fanny Lengua, a single woman, ( "OWNER" hereinafter) is the owner of real property commonly known as 14153 Melodie Lane ( "PROPERTY hereinafter) and more fully in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B15 -0978, 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 including reasonable attorneys' c fees, from the other party. , /� OWNER: Dated: 9 / 1 k— CITY OF Dated: 2% S By: ob J. ua (Notarize) Services /s -orgy 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 SA.t/ /Z-6 O On�D%Eb�Z ��� /Jl,efore me, Y /yyLl /j �i>'y/Y N�TA�2! �I�LCC Date Hem Insert Name and Ttle of the Officer personally appeared W Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) (whose name is /arrX subscribed to the within instrument and acknowledged to me that Wshe/ttykexecuted the same in ?)"erRWauthorized capac'ity(i* and that by )/her/t* signature(, on the instrument the person{ or the entity upon behalf of which the person)"cted, executed the instrument. PHYLLIS SHINN Commission ! 1956215 Notary Public • California = San Diego County My Comm. Ex Tres Nov 9, 2015 r Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. Signature Signature of Notary Public 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 Docu�^e,�j- / ZB�J Title or Type of Document: vAr'L/U//Pr Doc ent Date: �� Number of Pages: 2— Signer(s) Other Than Named Above: 08t ✓717914115, CapacRy(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual [I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rl Other: Signer Is Representing: 02014 National Notary Association - www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Poway, County of San Diego, State of CA, and is described as follows Parcel 1 The North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, County of San Diego, State of California, according to the Official Plat thereof. Excepting Therefrom the North 200.00 feet of the West 483.00 feet. Also excepting therefrom that portion lying Southwesterly of a line that begins, at the Southeast corner of said North 200.00 feet of the West 483.00 feet and runs Southeasterly in a straight line to an intersection with the Easterly line of said North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 18 distant thereon 30.00 feet Northerly from the Southeast corner thereof. Also excepting the North 125.00 feet of said Northeast Quarter of the Northeast Quarter of the Northwest Quarter. Except therefrom all oil, gas, minerals and other hydrocarbon substances, lying below a depth of 500 feet, without the right of surface entry . Parcel 2 An easement for public utility and road purposes over the North 20.00 feet and the East 30.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, County of San Diego. State of California, according to the Official Plat thereof. Excepting therefrom that portion lying South of the North lire of Parcel 1 above described. Also excepting therefrom the West 503.00 feet thereof. Parcel 3: An easement for public utility and road purposes over the East 20.00 feet of the West 503.00 feet of the North 125.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, County of San Diego, State of California, according to the Official plat thereof. APN 323- 180 -09 -00