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Covenant Regarding Real Property 2009-0459558 r-- . DOC # ~009-0459558 11111111111111111 11111111111111111111 11111111111111111111111111111 1111 .' , RECORDING REQUESTED BY: CITY OFPOWA Y AUG 17, 2009 1 :40 PM WHEN RECORDED MAIL TO: OFFICIAL RECORDS ',;MI DIEGO COUNT'! RECORDEF:'S OFFICE DAVID L, BUTLER, mUNTY F:ECORDER FEES: nuo ~ \ cr APN CITY CLERK CITY OF POWAY POBOX 789 POWA Y CA 92074-0789 PAGES: 2 I~""~~"""""""""m~ 278-300-73 COVENANT REGARDING REAL PROPERTY Thomas P. McCollum and Angela J. McCollum, husband and wife, as Community Property, ("OWNER" hereinafter), are the owners of real property commonly known as 15164 Oak Canyon Road ("PROPERTY hereinafter), and more fully described as: Parcel No. 2 of Parcel Map No. 11180, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on April 9, 1981 as File No. 109265 of Official Records. In consideration of approval by the City of Poway ("CITY" hereinafter) of a Building Permit to construct a 1,107 -square-foot, detached, two-story structure consisting of a barn with a bathroom and an attic storage space on the PROPERTY, OWNER hereby agrees that no portion of the detached structure shall ever be rented or leased as a separate unit, that kitchen facilities shall never be installed, and that no gas line 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 garage 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 OWNER, Dated: '3' -I it- -OGj ~L f? ~ ~ Thomas P. McCollum ,^,,^ 11 J A (l JII t}o1J (vY'f-/ An~~ccoIIUr' . , CITY OF POWA Y: Dated: ~-I~~09_ Dated: 6/lllocr By: Robert J. Manis, Director of Dev ~ 09- {)lor ..........-. . .,.' . . CALIFORNIA AlL"PURPOSE ACKNOWLEDGMENT :ftt:~=^~.""~~~~=^"",A~'.';"~-;'--~~'~:;';.'.;:'-:';'~~~~~~Bib~~ County of San Diego On t!;;6I1SnZ, W09 before me, Phyllis Shinn. Notary Public personally ap;:'ared mOft1/16 /. /!/Z/}; /fA4 ;;"4"'j:7u..~hcDLL w H1 Name(s)otSigner(s) } State of California I~ - ~~~~~:~ ~I s. NotOryPutlllc, , . C, aIIflImIo I I 'eon DIOgO Caunly . J. _ _ _ _ .'t_wr~~ who"proved to me on the basis of satisfactory evidence ,to be the person(s) whose name(s) ~are subscribed to ,the within instrument and acknowfedged to me that l)W$eJthey exec'!ted the sarpe in I'jIsih)Wthelr :authorized capacity(ies), and ,that by l)iGI~their signature(s) on the instrument the persoh(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the lal/ls of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature OPTIONAL Though the'rnformation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and 'reattachment of this form .to another document. Description of Attached Document """';\ Title or Type ot Document: (!.(}j/f-/II/I/!/T kE t;~d//'/6 Kt/'rL- ~DPc.~TY Document Date: /fut; fA <;;'7 I ( 2. tJ !J 9 Number of Pages: I /L;rf ( 75.4 I /f/~ i- (;;.- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer.'s Name: D Individual D Corporate Officer - Tille(s): D Partner - 0 Limited D General D Attorney in Fact D Trustee o Guardian or Conservator D Other: Top a/thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee o Guardian or Conserv~tor DOther: Top of Ihumb here Signer Is Representing: Signer Is Representing: ~~~~~~~~~~v~~.~~~~v'""'V=~~~~~~ @2007 National Notary Association' 9350 De Soto Ave, P.O Box 2402' Chatsworth, CA 91313.2402' www,NallonalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827