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Covenant Regarding Real Property 2018-0493369RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK ) CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074-0789 ) APN. 277-010-15 DOC# 2018-0493369 IIIIIIIIilllllllllllllllllilllllllllllllllllllllllllllllllllllllllllll Nov 29, 2018 01:23 PM OFFICIAL RECORDS Ernest J. Dronenburg,r SAN DIEGO COUNTY RECORDER FEES: $95.00 (SB2 Atkins: $75.00) PAGES: 3 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Affleck Family Trust 10-18-17 and Designright Builders Inc ("OWNER" hereinafter), is the owner of real property commonly known as 18116 Old Coach Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B18-0992, 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 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 AGENT: Dated: j/1 CA>l 7 .Cwi l�J//i(_ �"�' Rhett Lyman Affleck, (Notarize) Lts: Trustee Affleck Family Trust 10-18-17 Dated: �7 / e. / Joe Kefieuer, (Notarize) Lts: Owner Designright Builders Inc CITY 7OFPAY: Dated: l l 6 f E. bert J. Manis, Director o Dev opment Services 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 _ San Diego On I b_r JP�Jibtr 11 , aoi R before me, Yvonne Mannion Notary Public , Date Here Insert Name and Title of the Officer personally appeared Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a)(s7are subscribed to the within instrument and acknowledged to me that he she/they executed the same in k2her/their authorized capacity(1es}and that bQ�his�her/their signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s)�cCed, executed the instrument. YVONNE MANNIDN Notary Public -California 3. San Diego County € Commission # 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 ;� a 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: �Qi Document Date: 11 N A It X 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: of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #6907 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 San Diego ) On AnJftk)l I�, ZoIt before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared _ -7OQ SCheuer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson{s� whose name(aJ is are s scribed to the within instrument and acknow ged to me that he he/they executed the same in ii her/their authorized capacity(jes), and that by is er/their signature a) on the instrument the person,(e), 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. YVONNE MANNION WITNESS my hand and official seal. Notary Public -California San Diego County Commission # 2201766\l My Comm. Expires Jun 18, 2021 Signature iaN 01 Signature of Notary Public 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: C009AW Document Date: ll I to 1,16 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: of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907