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Covenant Regarding Real Property 2016-0345967RECORDING 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- 0345967 IIIII III I II I IIII IIII I II I II II III IIII I I IIIII II I III IIII Jul 12, 2016 08:29 AM OFFICIAI RECORDS Ernest J Cronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES 818.00 (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 Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B16 -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 to not oppose the granting of a public trail easement overlapping a segment of Del Poniente Road through the Williams Ranch Subdivision to the satisfaction of the City of Poway Director of Development Services. 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 residence 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: la ZO�(o oe Scheuer, President (Notarize) CITY OF P WAY: Dated. / f° By: "Nbbert J. ManTW, Dire o of De elopment Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Sin �►�9tt'> ) On (DT' (6 before me, M a,;�_AA (j Date Here Insert Name and 7& of the Officprl personally appeared —3O 2 SC h2LSex' 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. MONICA I. MARTINET Commission 0 2115961 Notary Public - California San Diego County Comm. E= Jun 18 2019 Place Notary Seal Above 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 — Signature of Notary P lic 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(ies) Claimed by Signer(s) Signer's Name: CI 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 I General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /4�✓,4'r/4'• 4'✓ SAS'✓ 4�4��' �4�4���4' L4�4�4�4��✓ S��Li-S4✓i-• ✓i'•✓St/4•✓4•✓ 'aii•✓Sdi-.v ti4✓ �S.L . ✓4. • ✓�. ✓4.� v4.��.� .L�.� .y . 02014 • nal Notary Association • • • • 211 " (1-800-876-6827) 91