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Covenant Regarding Real Property 2017-0216405RECORDING REQUEST BY [41kWK9]Z?iViV_,M WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 275-032-01-00 DOC# 2017-0216405 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII May 15, 2017 11;25 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 Ludek Kubis and Chia Shih Lin ("OWNER" hereinafter), is the owner of real property commonly known as 16851 Avenida Florencia ("PROPERTY" hereinafter) and more fully described as: An approximate 1 -acre parcel on the southeast corner of Espola Road and Avenide Florencia. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B17-0444, 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. OWN�HQj21ZED AGENT: Dated: 3 17 Ludek Kubis (Notarize) CITY OF PO AY: Dated: f By: R rt J. Ma' nis, irect r of a elopment Services ACKNOWLEDGMENT 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 an Diego On Mau 3, 2D1 before me, Nicole Murphy, Notary Public (insert name and title of the officer) personally appeared L--kL4C,'�_ Y --(AVID who proved to me on the basis of satisfactory evidence to be the personvwhose namem is/aw subscribed to the within instrument and acknowledged to me that he/sbd/tlwy executed the same in his/Vr/tWr authorized capacity(W and that by his/Fief/tpdir signatureW on the instrument the person(g,, or the entity upon behalf of which the person>j 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. NICOLE MURPHY COMM # 2024000 4Z SAN DIEGO COUNTY WITNESS my hand and official seal. f NOTARY PUBLIC-CALIFORNIAZ C MY COMMISSION EXPIRES -' MAY 17, 2017 •�•'����ruyu►ii/�irr�FE�1l