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Covenant Regarding Real Property 2015-0480221RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 277 - 140 -28 DOC# 2015- 0480221 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sep 10, 2015 04:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER FEES. $18.00 PAGES: 2 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY Jerry M. Richardson, as Trustee of the Jerry M. Richardson Trust, dated July 22, 1998 ( "OWNER" hereinafter), is the owner of real property commonly known as 16363 Espola Road ( "PROPERTY hereinafter) and more fully described as: Parcel 1 of Parcel Map No. 10783, in the City of Poway, County of San Diego, State of California filed in the Office of the County Recorder of San Diego County December 11, 1980 as File No. 80- 417559 of Official Records. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B15 -1452, 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. 10lhT @!7:1 _ n ` r Dated: dC -f Jerry Richardson, Trustee (Notarize) p CITY OF P WAY: Dated: O �� 1/ 5 By: bert J. Manis, 6ir4cto r of ve pment Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identty of the individual who signed the 1 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Aiti GnPT�%6%Z Zfore me, �H �/ AR/ff LLC_ b Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose namelk is/aoZ subscribed to the within instrument and acknowledged to me that he /se/tody executed the same in his/f* /tA*Lr authorized capacity(W, and that by his/ItL Ah%# signature(4,on the instrument the person(* or the entity upon behalf of which the person(,q 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. PHYLLIS SHINN WITNESS my hand and official seal. Commission 19562ni � _ Notary Public •California i 10 San Diego County = Signature m. Expires Nov 9. 2015 /Signature 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 Attached Docu nt ZO /J- Title or Type of Document: �D/�E/y�%�% Doc ant Dat Number of Pages: Signers) Other Than Named Above: ant ✓- Capacityfies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attomey 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 ❑ Dither, Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907