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Covenant Regarding Real Property 2016-0533625f RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 314 - 181 -53 DOC# 2016- 0533625 l illi I VIII VIII VIII Illi 1111111111! VIII Illil VIII VIII 11111 hl !III Oct 05, 2016 12:38 PM OFFICIAL RECORDS Ernest J. Dronenburg. Jr SAN DIEGO COUNTY RECORDER FEES $21.00 COVENANT REGARDING REAL PROPERTY PAGES 3 Brad Angle and Vanessa Angle, husband and wife as community property with right of survivorship ( "OWNER" hereinafter), are the owners of real property commonly known as 14309 Old Community Road ( "PROPERTY hereinafter) and more fully in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B16 -1405, 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: C� Dated: ` —) 7— t le, W k Bfad Angle Dated: _I 1 o/ 1 b nessa /Angle ft?t�rize) CITY 2OFP WAY: Da ted: / By: . Manis, irec or De elo ment Services I b-uS3 Seto— Policy No.: CA- FXDC -ICL- 81420 -1 -12- 312380318 File No.: 312380318 EXHIBIT ""A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 9 OF BLOCK 1 OF PIERMONT TRACT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 331, A SUBDIVISION OF NORTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE OFFICE OF THE COUNTY RECORDER, MAY 27,1887. EXCEPT ALL OF RYDAL STREET LYING SOUTH OF AND ADJOINING LOT 9 IN BLOCK 1 AND LYING NORTH OF AND ADJOINING LOT 1 IN BLOCK 6 AND INCLUDING THAT PORTION LYING WEST OF THE SOUTHERLY AND NORTHERLY EXTENSIONS OF THE CENTER LINE OF THE ALLEYS IN SAID BLOCKS 1 AND 6 OF PIERMONT TRACT, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 331, FILED IN THE RECORDER'S OFFICE OF SAN DIEGO COUNTY, MAY 27, 1887. SAID RYDAL STREET HAVING BEEN VACATED AND ABANDONED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, JUNE 8,1894, AND JULY 8,1894. ASSESSOR'S PARCEL NUMBER: 314 - 181 -53 -00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Sc:►Y\, C1 O ) \ \ On bq _ -7 -;,U 1 (p before me, SGV �M \ -0 Date _ Here Insert Name and Title of he Officer personally appeared 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 han and official seal. m >. KEVIN SCOTT MILLER Commission # 2079053 Z .4 a Notary Public - California A Signature ` San Diego County Signature of Notary Public My Comm. Expires Au 22, 2018 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: L," ey Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claim Ad by Signer(s) 1 Signer's Name: KCc�L v►Gt l 19_, ❑ Corporate Officer — Title(s): ❑ Partner — iJ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Paaes: Signer's Name: -a/6D6e_1S S1d kh pi 11-01 ❑ Corporate Officer — Title(s): ❑ Partner — L Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907