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Covenant Regarding Real Property 2016-0533624RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 530 -17 DOC# 2016- 0533624 1!11111 IIII! VIII VIII IIII VIII! Ilil! VIII IINI VIII VIII Illll IIII !III Oct 05, 2016 12:38 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $18.00 COVENANT REGARDING REAL PROPERTY PAGES: 2 Tartre Family Trust 08 -02 -90 ( "OWNER" hereinafter), is the owner of real property commonly known as 12941 Avenida La Valencia ( "PROPERTY hereinafter) and more fully described as: Lot 133 of Valle Verde Estates Unit No. 5, in the City of Poway, County of San Diego, State of California, According to Map thereof No. 6806, Filed in the Office of the County Recorder of San Diego County, December 16, 1970. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B16 -1349, including a request to construct a 740 - square -foot, second story residential addition at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that said addition area 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 for the 740 - square -foot addition is never obtained or regulations are changed that would allow the subject habitable space to be converted to a separate unit, at the request of the OWNER, the CITY will expunge this Covenant from the record title of the PROPERTY. If either party is required to incur costs to enforce th provisions of this Covenant, the prevailing party shall be entitled to full reimbursem t c sts, including reasonable attorneys' fees, from the other party. p� t OWN R: Dated: - l- " \`� onald David Tartre (Notarize) Dated: G G �ihTl Lee Maciel Tartre (Notarize) CITY OF PO AY: Dated: � By: Ro ert J. Manis, 15ire'ctof of eve pment Services 1(o-OS 2 . r 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 ti ) t c� O ) On gll beforeme, ✓1.0 -�.� Date n Here Insert Name and Tittle of the Officer personally appeared ©V^9-, + p l0a,.A-d 0- V% L,n ct i 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 o ' MATTHEW 8. KEEN Commission # 2083253 z -m Notary Public - California D Signature Z , San Diego County Signature of Nota My Comm. Expires Oct 23, 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: ...... ... ... 02015 National Notary Association - www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907