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Covenant Regarding Real Property 2017-0034943A� to RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 275-120-03 DOC# 2017-0034943 I I IIIII II III IIII I IIII IIII III III I Inl I III I IIIII IIIII I Inl IIII I IIII II II Jan 23, 2017 03:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $18.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES.2 Brian A. Rhew and Christine S. Rhew, husband and wife as joint tenants, ("OWNER" hereinafter), are the owners of real property commonly known as 16440 Martincoit Road ("PROPERTY" hereinafter) and more fully described as: Lot 85 of Green Valley Estates Unit No. 8, according to Map thereof No. 3854, filed in the Office of the County Recorder. of San Diego County, April 2, 1958. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B16-1947, 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 Dated: 111 23 Dated: N% ) 2 3 ) 16P Dated: % T_ l& MN Brian A. Rhew, Owner (Notarize) � v Christine S. Rhew, Owner (Notarize) CITY OF POWAY a ment Services Its -w j I If CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE L<!'�tNAtrAMi<H 44!S«!AY. A2!:LL!i��H�t!'Tt Xt!K</AK:tKAt/sifrry'v:�<!wHit<�itN attat�M!it41nNA2!tilt!At!AN.ry'vA<!:�'L!wN.tiU!i�t!sCN.A✓.stKa<t!NN. 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 woe! 20 ) On 11123 1 1 to before me, M dM C A S (`r"1aC-tin2 a n�-ZC%_ ?.QbC1C. Date Here Insert Name and Title of the Offrce> personally appeared PS - wno.) 2n 1 C h 64h(142 5.12h�t,) Names) 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 official seal. MON" I. AIAItTINEZ i :- Corl•mtttan • 2115964 Signature // / �f/ • ��� Z ' "may PUNIC - CtllforNt = Stn DHpo Courcy £ Signature of Notary Pu Conon. E Iret Jun 18, 2019 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: Signers) 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other - Signer Is Representing: ........ .. C� 1 • • • • • • • • :11 • :11 '1