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Covenant Regarding Real Property 2016-0445977RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 271 -32 -00 DOC# 2016- 0445977 II I II III III III II Illi I III I I II i IIII II II Aug 29, 2016 08:57 AM OFFICIAL RECORDS Ernest J. Dronenburg; Jr.. SAN DIEGO COUNTY RECORDER FEES: $24.00 PAGES 4 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Alan and Dawn McEwan ( "OWNER" hereinafter), are the owners of real property commonly known as 13775 Highlands Terrace ( "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 B16 -0818, a request to convert an existing detached accessory structure into a detached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the detached 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 convert the detached accessory structure into a 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: 212314 Dated: 1�23 ZI 6 Dated: 2zf/� OWNE R: 2� ,n Alan McE n (Notarize) awn McEwan (Notarize) CITY OF POWAY: M J. Manis,Airector 6f gevelojiment Services EXHIBIT "A" Legal Description For APN /Parcel ID(s): 275 - 271 -32 -00 PARCEL A: PARCEL 4 OF PARCEL MAP NO. 14000, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85- 404022 OF OFFICIAL RECORDS . wel AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 14000, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985, AS FILE NO. 85- 404022 OF OFFICIAL RECORDS, LYING WITHIN THE "PROPOSED 40 FOOT ROAD AND UTILITY EASEMENT' AS DELINEATED AND DESIGNATED ON SAID PARCEL MAP. CLTA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed 03.28.15 @ 06:47AM CA -CT -F WDO- 02180.055820 -S P 5 -1 -15- 73715004733 CALIFORNIA • • • 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 b before me, 0 ni i C`� yr a,' n l,i C Date Here Insert Name and Title of the Officel personally appeared a T� a n C �k-J c3 n 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. MARTINEZ Commission # 2115964 Notary Public - California D San Diego County My Comm. Egeires Jun 18. 2019 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 '7 ! Signature of Notary Pubiff 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(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — CI Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee j Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — LI Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association ' www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 CALIFORNIA • • • • 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 0 I PCI C7 On Date before me, O(11C a (Y)3 C. neZ 001- ?U b)1 C , Here Insert Name and Title of the dkicer personally appeared "Dr,)UjC) Y`n C wan 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. MARTINEZ COMMON #t 2115961 i Notary Public - California i San Diego County My Comm. Expires Jun 18, 2019 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 Publi 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(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — �] Limited L1 General ❑ Individual ❑ Attorney in Fact ❑ Trustee j Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 1-1 Limited ❑ General ❑ Individual E Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Q • • • • WN, WN • • • • i•• i•• i • •i ••