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Covenant Regarding Real Property 2016-0088306RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 341 -22 DOC# 2016- 0088306 II I I II I III II II I II I I I I II Illll I II Feb 29, 2016 04:34 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $18.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 2 The Sharp Family Trust dated October 20, 2006 ( "OWNER" hereinafter), is the owner of real property commonly known as 16840 Orchard Bend Road ( "PROPERTY" hereinafter) and more fully described as: ALL OF LOT 165 TOGETHER WITH THAT PORTION OF LOT 166 OF GREEN VALLEY ESTATES UNIT NO. 11, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4586, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1960, LYING NORTHERLY OF A LINE DRAWN FROM THE MID POINT IN THE EASTERLY LINE OF SAID LOT 166 TO THE MID POINT IN THE WESTERLY LINE OF SAID LOT 166. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B15 -2405, 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. OWNER: SHARP FAMILY TRUST Dated: Z11-311(, 1 Sre-L- Willia R. �Sharff, TRUSTEE (Notarize) Dated: oZ. / 3 1 c Sherri L. ha p, TRUSTEE (Notarize) CITY OF AY: Dated: ,2 By o ert J. Manis, irect r of evel pment Services r CALIFORNIA . • •D C• �..a•�<.aCa<C- �.!�<_..La.�<�: <_a.!�c �._�L�.::�<- ��c�S,�t_�ga�{ -. -- =- •�..__�._._�r�,,<:c _..1::4 �. �r_•..<.a"<.�..a.- �.G- �<_c�<_. ¢-�'�. 3<.�.�. -�<r 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 J ) On � r t 13 .. 4 before me, Z N <G , Zate Here ffsert Name and Titl of the Officer personally appeared VV/ / N me(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person (ss) whose name(s) i are subscribed to the within instrument and acknowledged to me that he /shq- 2p the same in his/her/ eir uthorized capacity(ies), and that by his /her ei ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFK,;IAL SEAM ANN TUY TU .Y . !fORNIA NIY�Fo N7Y ' •` 3f 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ij 144 , 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: !.:\✓ �: J: � ✓.i�.G'riX ✓:�✓.:��/. " ✓i�✓,:<✓.A :\✓ i�✓ 6\✓ �±'/.:�.i�✓,Td6�✓.:�i \Jl.�%:� ✓, i�✓.i " ✓1'L.'• ✓:�✓ 'eii�✓.4�✓.i "nom.\✓: \ ✓:'•J 'L4C ✓i \�:\'�:C ✓.iC✓ Vi 6�✓.i� ✓•:�. 02014 National Notary • • www.NationalNotary.org 1-800-US 90