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Covenant Regarding Real Property 2008-0202567 .-- - - - ~ '. DOct , - . ., 2008-0202567 - ~ i' 11111111111111111l1li1111111111111111111111111111111111111111111111111 RECORDING REQUEST BY ) ) ---~- APR 16, 2008 -- 315 PM CITY OF POWAY ) ) OFFIClo,L RECOR["" WHEN RECORDED MAIL TO' :n ="ClJl ~iln11] CUUHT'I F:ECUF;[JEPiC, CiFFII_.E GF1[I;iUFi", J ~;~,,'iITH cour'H'1 FiEIJJFi[IEF: CITY CLERK !~ FEES. 1 -: IllI CITY OF POWAY PAGES: 2 POBOX 789 11111111111111111111111111111111111111111111111111111111111111111111111111111111 POWAY CA 92074-0789 ) rfln {Th\s space for Recorder's Use\ APN: 278-439-29 COVENANT REGARDING REAL PROPERTY Lawrence M Hinman and Virginia Lewis Hinman, husband and wife, as joint tenants ("OWNERS" hereinafter), are the owners of real property commonly known as 14338 Sandhill Road ("PROPERTY" hereinafter), and more fully described as Lot 119 of City of Poway Tract No 4091-R, in the City of Poway, County of San Diego, State of California, according to Map thereof No 11361, filed in the Office of the County Recorder of San Diego County, October 24, 1985. In consideration of the approval of a Building Permit to construct a 570-square-foot, detached pool house on the referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached pool house shall never be rented or leased as a separate unit; no complete kitchen facilities shall be installed; and no gas line, except for that necessary for the on-demand water heater, and/or 220 ampere electrical service shall ever be installed. This Covenant shall run with the land and be binding upon and inure to the benefit of the 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 pool house 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 The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against the OWNERS /' Dated: 4/~~<B- ~ -: ~ ~ - ':; .. Lawrence M, inman, Owner \ tIllt? /l'6 /~ . W ~ Dated: . i L~ . ~ ffA,-t""-- 'rginia Lewis Hinman, Owner Dated: 1/4/ ~ <{ R lfty(Y0 . . . ,. - -. . CALDFORNIA AlL~PURPOSE ACKNOWLEDGMENT , ~~~~M:M~E;;;~~~~~~~~~~~~~~~ State of California } County of San Diego On IP~ I L / I , 2tJlJ! before me, Phyllis Shinn, Notary Public Date L/f vJ~ E-/1/Ct:: (YI 11//1 ;;;;;'"'A';i Olthy:;:e 6 (1/ fA personally appeared Lf:;~ is M jV'~;V/ Name(s) of Slgnar(s) who proved to me on the basis of satislactory evidence to be the person(s) whose name(s) }&Lare subscribed to the within instrument and acknowledged to me that r@;:=~~l P)e/s~/they executed the same in t)ls11iJ(r/their authorized capacity(ies), and that byhis/I'itll/their signature(s) on the i Notary Public . Call1ornla I instrument the person(s), or the entity upon behalf of Son Diego County . which the person(s) acted, executed the instrument J_____)t~~~t~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Place Notary Seal Above Signature OPT/ONAL Though the information below is not required by law, it may prove valuable topersons relying on the document and could prevent fraudulent removaf and reattachment of this form to another document. Description of Attached Document Title or Type of Document COtlC,lt/r/;V;- ?2C4/f1?j,rA/6 12fY7L.- jJ;Vo;9~ Document Date: Hfl/<2/ L'( 20 CJ f N~mber of Pages: / Signer(s) Other Than Named Above: ':/20.1 t5>Vr J t/YJq ,A/ If Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer -Titil'(s): o Corporate Officer - Tille(s): o Partner - 0 Limited 0 General DPartner-D Limited 0 General o Attorney in Fact o Attorney in Fact . o Trustee Top of thumb here o Trustee Top of thumb here o Guardian or Conservator o Guardian or Conservalof o Other' o Other' Signer Is Representing: Signer Is Representing: ~~~~~"W.>~~~~~~~~~~~~~~~~~~~ @2007NationalNotaryAssocialiono9350 De SotoAve., P,Q.Box 2402 oChatsworlh, CA 9'1313.2402oW',",w,NallonaINolary_org Item #5907 Reorr:Jer:CaIfTolt-Free 1-BOO-876-6827