Covenant Regarding Real Property 2016-0317379RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 314- 467 -24
DOC# 2016- 0317379
Jun 27, 2016 01:18 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $18.00
PAGES: 2
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Barandiaran Whitehead Family Trust, dated July 1, 2009 ( "OWNER" hereinafter), is the owner
of real property commonly known as 13310 Aubrey Street ( "PROPERTY hereinafter) and more fully
described as:
LOT 42 OF POWAY MESA UNIT NO. 1, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6961, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 9, 1971.
Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval
of Building Permit B16 -0678, 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 net be rented or !eased 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 partv.
Dated: 6
Dated: (0 ! i y " 20 I (0
TRUST
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Aleix Bar n (Notarize)
Sarah Whitehead (Nota
CITY OF P A
Dated: (J/ By:
R649rt J. Manis
,..',-ASE SCE ATTACHED
NOTORIAL
CERTIFICATE
Development Services
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 S cr, rt
On w ° I Ll f L before me, _
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personally appeared !-&II)I. cLv\d SQX k ' L�Kt
who proved to me on the basis of satisfactory evidence to be the perso whose
name is /a r) subscribed to the within instrument and acknowledged to me that
he /she/ a executed the same in his/herhi el puthorized capacity(e4 and that by
his/her/fl,ljel bsignaturII4 on the instrument the person s9 or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lawsf
the foregoing paragraph is true and correct.
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WITNESS my hand and official seal. SAN DIEGO COUNTY
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Notary Public Signatur (Notary Public Seal)
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OFFICIAL SEAL
PAULA FALCONIERI
NOTARY PUBLIC- CALIPORNIA�
COMM. NO. 2083467 --
MY COMM. EXP. OCT. 24, 2018
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