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Covenant Regarding Real Property 2018-0149854APN: 314-641-06 COVENANT REGARDING REAL PROPERTY RobertA. & Dale E. Walder Family Trust, dated 09-09-1999 ("OWNER" hereinafter), is the owner of real property commonly known as 15335 Poway Springs Court ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B18-0408, 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: U l Dated: J F, OWNER OR AUTHORIZED AGENT: o ert A. Waider, Trustee (Notarize) CITY OF PCIWAY: M of Debelooment Services DOC# 2018-0149854 RECORDING REQUEST BY: 1 II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 CITY OF POWAY I Apr 16, 2018 01:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $92.00 (S132 Atkins: $75.00) CITY CLERK ) CITY OF POWAY ) PAGES: 2 P O BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 314-641-06 COVENANT REGARDING REAL PROPERTY RobertA. & Dale E. Walder Family Trust, dated 09-09-1999 ("OWNER" hereinafter), is the owner of real property commonly known as 15335 Poway Springs Court ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B18-0408, 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: U l Dated: J F, OWNER OR AUTHORIZED AGENT: o ert A. Waider, Trustee (Notarize) CITY OF PCIWAY: M of Debelooment Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE �GGX.L�t aGa .a at.a . .M,�t aL4� .a .L�<_a .a�G:� .aLc�•.a . .cK.a .Mf4� .LY.L�t. LL��LmL a .L�tmGv_a .aL.a . 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 Diego ) On Opt" ( J n o J Y before me, Yvonne Mannion Notary Public I Date Here Insert Name and Title of the Officer personally appeared �obert F}. IJILI d ee- 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(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. YVONNE MANNION Notary Public - California San Diego County Commission N 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above 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. Signature w mn, ; ,.J Signature of Notary Public 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(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: 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: -e/L'+/5�✓L'+/'v ui\�:'✓L�: i\v4 "✓' 'Vi'✓4'L 'si4'+/'+/ v:\v5\dSLvi�✓`./`!/S"✓."✓L'+/L'�/'✓ '✓L'�/LVS'�/L'�/'✓ O 1 a a a . . •. •, ., .���� :11 •1•