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Covenant Regarding Real Property 2015-0523211RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317- 651 -15 DOC# 2015 - 0523211 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII VIII IIII IIII Oct 05, 2015 01:55 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 Marc Craig Fishstein and Veronika Robles Fishstein, Husband and Wife as community property with right of survivorship ( "OWNER" hereinafter), are the owners of real property commonly known as 12205 Buckskin Trail, 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 -0911, a request to construct an attached guest house 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. Dated: q 1281Is Dated: 2� 5 Dated: /5 6— OWNER: rara c Craig Fishstein (Notarize) v - Ver iiaRobles Fishstein(Notarize) CITI 0 s CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a ^,ono ,cr,Ccsxxae .x., eerr_e, erne. Er, E- air.F.rrnsssri>rsrrcmocc csr,�r..rasars esr�rcrs�.;~cdr�x :rm,GCSCrrxr.�.roe.� 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 1 ) County of ✓fli✓ �J/ lzz Dr On 5rGa�9% before me, 7 y1L '11.j �y7/yi�, /f/�T RI t �I�LIc- Date �/ Here (Insert Name and Title of the Officer personally appeared y 4� PNI KI` Namej EXHIBIT "A" Legal Descripition For APNfParcel ID(s): 317451-15 Lot 24 of Casa Real Poway Unit No. 1, In the City of Poway, County of San Diego, State of California, according to Map thereof No. 6944, filed in the Office of the County Recorder of San Diego County, May 27, 1971. EXCEPTING THEREFROM all oil, mineral, coal, petroleum, ga; and kindred substances under and in said Land, but without right of entry of surface thereto, but with right however Ic drill in, through or under said hand or to explore, develop or take all minerals, coal, oil, petroleum, gas and other kindred substances in and from said land, al such operations to be conducted only below a depth of 200 feet below the surface ldtereef, as reserved by San Marcos Development Company, a California corporation in deed recorded July 3, 19T,2 as File No. 171074 of Offeal Records.