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Covenant Regarding Real Property 2009-0702122 . _ , _ . ; D�C # 2009-a702122 • 4 IIIIIII I I III IIIII IIIII II I IIIII III I II I IIIII IIIII I I II IIII ,,,{{{��� �EC 21, 2009 9:57 AM RECORDING �REQUEST BY: I J{Y�7 OFFIL'IAL RECURDS � GTY OF POWAY j.� SAN DIEGU COUNTY RECORDER'S OFFICE ' Oi DPVID L. Bl1TLER, COUNTY RECORDER FEES: 13.00 WHENRECORDEDMAILTO: ;I�j� PAGES' 2 CITY CLERK � I IIIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIII IlII CITY OF POWAY ) P O BOX 789 � POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 277-020-10 COVENANT REGARDING REAL PROPERTY Whereas Paul Thomas Kassel and Cynthia Lee Kassel, Trustees of the Kassel Family Trust, PROPERTY OWNERS ("OWNER" hereinafter), are the owners of real property commonly known as 18750 Deer Valley Estates ("PROPERTY" hereinafter), and more fully described as: Parcel 3, in the City of Poway, County of San Diego, State of California, as shown on Page 4152 of Parcel Maps filed in the O�ce of the County Recorder of San Diego County, October 17, 1975. In consideration of the approval by the City of Poway ("CITY" hereinafter) of a Building Permit for the construction of a second floor guesthouse, OWNER hereby agrees that no portion of the guesthouse shall ever be rented or leased as a separate uniY, no complete kitchen facilities shall be installed, and no gas line andlor 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 tlie respective parties. In the event that a Building Permit is never obtained to construct the proposed guesthouse at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party incurs costs as a result of filing a civil action 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. OWNERS: / i Dated: � L � b By: i .�/ ' Paul 3�homas Kasse (Notariz ) Dated: � � � � I By: �,�.1rk1�.., �` C nthia Lee Kassel (Notarize CITY OF PO AY Dated: Z By: 4��-(i1 ' ert J. M is, Di ect of evelopment Services M:\planning\cmr\guest house cov\Kassel Cov.docx 09- oa� . . ;. ,. * �i� ACKNOWLEDGMENT State of California County of � �i w ) On �D�e�.w.�r ��� before me, � V�1`�i S� ✓lc� L. «2a� I/VC�/'i/ ����c (insert name and title of the o cer) personally appeared �ia...l1 I�nnnn K an, fl /d�uf� l:�v�4�1l.tG�. �[L ��S-eQ , who proved to me on the basis of satisfactory evidence to be the pers (s) whose name(s) �s/are subscribed to the within instrument and acknowledged.to me that del54ietthey executed the same in Iais9Fter/their authorized capacity(ies), and that by hie/per/their.signature(s) on the instrument the person(s), or the entity upon beFialf of which the person(s) acted, executed the instrument. I certify underPENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �� �� �a �• �� �p�tlt�n I 19d2401 �gqi apo CouM�t / Comm: IkrZB 2019 Signatu � /� �-co (Se