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Covenant Regarding Real Property 2016-0222500RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 314- 840 -05 MDRA 15 -018 DOC# 2016 - 0222500 II I I IIII I I I I IIII II I I I Itl (IIII I I II Iltl III May 10, 2016 12:16 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 DESIGNRIGHT BUILDERS, INC. ( "OWNER" hereinafter), is the owner of real property commonly known as 13495 Del Poniente Road, Poway, CA ( "PROPERTY" hereinafter) and more fully described as: Lot 5 of City of Poway Tract 89 -09, in the City of Poway, County of San Diego, State of California, According to Map thereof No. 14091, Filed in the Office of the County Recorder of San Diego County, December 5, 2000. Pursuant to a mitigation requirement for the approval of Tentative Tract Map 89 -09 as specified in Resolution No. P- 90 -87A, and in consideration of the approval of Building Permit 616- 0391, a request to construct a single - family home and an attached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that all structures on the PROPERTY are limited to one story and that a second story addition is prohibited. 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. OWNER: Dated: AZ - ' Zoe( XW-SIcheuer, President (Notarize) 1:1�"110,t bok,IA,164 xw. CIT/OFP WA Y: A Dated: By: I j L, Ro ert J. a ire6for evelopment Services CALIFORNIA • • •D Ct_.�.•�t.a�s�C�t.A�s�C.��L.� s�t�Cs��CS��..�t�t,��.z� . vt,. �t� ..v....�t.v�t�C.a•.at�C.�ts�t ts�Cc�t�Cc�Cc� ..�t.a..c�t�Cs�ts�t,r'�tst. 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 San On L-A ) 1 tO before me, O6t '�>v b I i C, Date Here Insert Name and Itle of the 07#icer personally appeared soe Sche ve Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. A 1. VAN NO GMM�INiC11 1 21 /5064 �, NMI Pd* - COO"" Signature 6a omp C Signature of Notary Pu Gem Jun t6 2019 9 rY 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(lies) 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 — C! Limited I General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: