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Covenant Regarding Real Property 2017-0484674RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 321-020-55-00 DOC# 2017-0484674 IIIIIIIIIIIIIIIIIIIIIIIIilllilllllllllllllllllllllllllllllllllllllllll Oct 18, 2017 03:30 PM 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 Russell P & Yumiko Wolfkiel ("OWNER" hereinafter), is the owner of real property commonly known as 14836 Espola Road ("PROPERTY" hereinafter) and more fully described as: A 0.5 -acre property on the west side of Espola Road, south of Durhullen Drive, in the City of Poway. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B17-1269 , 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. OWNER OR AUTHORIZED AGEN 0 i Dated: Rus II P Wolfkiel (Notarize) CITY Of POWAY: Dated: /OZ —7 By: o ert J. M nis, ector of De I ent Services -1— 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 ✓ On ��oZ �✓ % before me fb E)V*1 S ,l Date Here personally appeared. Name and Title of the Officer Name(s}of Signer(s)-- who proved to me on the basis of satisfactory evidence to be the persons} whose name(e) isfars— subscribed to the within instrument and acknowledged to me that he/elaeAbey executed the same in his/berAtheir-authorized capacity(iesj,.and that by his/haUtheir signature(s)-on the instrument the person(&),, or the entity upon behalf of which the person(a)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 correeI r WITNES y h d angl ffidal se . DENNIS DEAN BUTTS; Cammisslon # 2698709 a ca oiary Public California San Diego County Signat My Comm Expire Ian 11 2013 i Signature of Notary 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(les) 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 ❑ Other: Signer Is Representing: O 1 , M1, ILI.Ali. . . . . .✓ ,`G