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Covenant Regarding Real Property 2016-0632403RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 321 - 312 -02 DOC# 2016- 0632403 Nov 18, 2016 10:42 AM 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 David R. Bautista and Valerie L. Bautista, ( "OWNER" hereinafter), are the owners of real property commonly known as 14543 Twin Peaks Road ( "PROPERTY" hereinafter) and more fully described as: Lot 16 of Range View Estates, in the City of Poway, County of San Diego, State of California, according to map thereof No. 7381, filed in the office of the County Recorder of San Diego County on July 26, 1972. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B16 -1406, 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, inc)Ajding reasonable attorneys' fees, from the other party. OWNER: -- -- Dated: � (/, id R. Bautista, Owner (Notarize) Dated: Valerie L. Bautista, Owner (Notarize) CITY OF PO/PAY: Dated: �N " By: Z4"Vdl Rob rt J. Manis, Ifireffir of D vel ment Services I (�-os 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §118Q 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 dooumen� � r�_ State of California County of On before me,,, Date H re Insert Name and Title of the Officer . ... .. it . ... . .... -Aa:_ -) 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/mhe/dleyexecuted 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. Commission # 2019074 Z Notary Public - California Z San Diego County My Comm. Expires Apr 11, 2017 | certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph io true and correct. WITI` ESS m. a, a official seal. Signatuvir -- — Signature of Notary Public Place Notary Seal Above OPTIONAL Though is section is optional, completing this information de lteration of th document or fraudulent reattachment of this form to 4aint u4niet. Description of Attached Docurrie Title or Type of Document: Document Date: 0 Signer(s) Other Tha/n Nar Ved� Above: Signer's Name: _ O Corporate Officer — Title(s): [J Partner -- [] Limited []<3unera| �7��dividue| []Attorney in Fact []Trustee [] Guardian or Conservator [] Other: ________________________________ Signer |oRepresenting: 5�neruNane� tl,& '. 't, O Corporate Officer —Title(s):__________ []Padner — [_j; Limitad F1 General Individual L] Attorney in Fact |]Trustee [] Guardian or Conservator []Other: Signor Is Repr*eenbng:______________.___ @2016 National Notary Association ^www.NaUomdNotary.ong^1-800'US NOTARY (1-800'87G'0827) Item #5907