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Covenant Regarding Real Property 2010-0134836RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: r(7 CITY CLERK 0 CITY OF POWAY a � P O BOX 789 nPOWAY CA 92074 -0789 APN: 278- 438 -38 DCC # 2010- 0134836 111111111111111111111111111111111111111111111111111111111111111111 IN MAR 18, 2010 10:48 AM OFFIi_IAL RECORD'S SAN DIEGI-1 COUNT`r' RECORDERS OFFICE DAVID L E'UTLER, COLIW i ' RECORDER FEES: 13.00 PAGES: 2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Andy and Teri Williams, Trustees of the Williams Family Trust ( "OWNER" hereinafter), are the owners of real property commonly known as 14401 Sandhill Road ( "PROPERTY hereinafter), and more fully described as: Lot 18 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 one -story, 845 - square -foot addition, a 412 - square -foot porch, and a 690 - square -foot, attached guest house on the referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached guest house shall' he4er-Ue rented -or - leased =as-a- separate - unit; �no-complete- kitchen-facilities shall- be installed, and 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 guest house 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. Dated: .Z Dated: Dated: M: \planning \intern \nate \Deed Covenant MDRA09- 41.docx 7071N,7�7; Andy Willia '(Notarize) ' Teri Williams (Notarize) CITY OF PO AY: By: wa o ert J. Manis, irect r of ev lopment Services 10 -00-6 CALIFORNIA ACKNOWLEDGMENT State of California County of San Diego OnAtIffI7,0010 before me, Date personally appeared �N� y L✓I L L r {}�•�� PHYLLIS SHINN • Commlulon i 1778898' Notary Public -California San Dlego County C0lnInb . esNoV 2011 Shinn, Notary Public LrA/�S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) X /are subscribed to the within instrument and acknowledged to me. 'that '1*16e /they executed the same in Us /**their authorized capacity(ies), and that by f)is 6& /their signature(s) on the instrument the person(s), 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. WITNESS my hand a official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information 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 of Document: �yffA!� Document Date: f m ✓ 41Y C e /7Z t ZD �� / N/uumber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) -Signer's Name: Signer's Name:. ❑ Individual ❑ Individual.. ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association -9350 De Soto Ave., PD. Box 2402 • Chatsworth, CA 91313 -2402• www.Nlarbrarbbaryorg Item #5907 Reorder. Call Toll -Free 1- 800 -876 -6827