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Covenant Regarding Real Property 2017-0082788DOC# 2017-0082788 RECORDING REQUEST BY ) Feb 21, 2017 02:42 PM OFFICIAL RECORDS CITY OF POWAY ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES 518.00 CITY CLERK ) PAGES. 2 CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 314-181-70 COVENANT REGARDING REAL PROPERTY Whereas Eric A. Heidemann, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property commonly known as 13414 Aubrey Street ("PROPERTY hereinafter) and more fully described as: Lots 11, 12 and 13, Block 6 of Piermont, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 331 filed in the office of the County Recorder of San Diego County May 27, 1887 Pursuant to Poway Municipal Code Section 17 08.180(C)3 and in consideration of the approval of Building Permit B16-2153 that includes a request to construct a 305 -square -foot non -habitable storage room addition above the garage at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the non -habitable storage room addition above the garage 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 non -habitable storage room addition 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: a Iui h-7 Dated: 1,915117 OWNER: Notarize) Eric A. Heidemann CITY OF POWAY im Manis, Services 1� X101 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE CN.': U!iitiiCt!a'itiC .tCt(\N✓N<!st[!pf<pJ.SGJyGt<i(t 15U!iSU.rt<�i<t! 3!iC<!iSNiC<!yi<!itN X<C.ltn�Cily2<!\Ct<tuf!GC<!iit!\y'NSKS.iHR<!titN.<ttsif!\[N tiN.iC<!'.iN. SCKLtN. 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 Califomia ) County of la(1 71 PAD ) On before me, ,mCX1)(a .T (Y-hnP�rj�blrc Date L Hem Insert Name and Title of the Offlc4 personally appeared C(lG A. Heldemann 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(es), 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]. MARTINEZ Commission/2115964 Notary Public - California San Diego County Comm. E Wres Jun 1 S, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CM Cie, Signature of Notary 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: ❑ 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 ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other, Signer Is Representing: r.c .. .. • . .r