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Covenant Regarding Real Property 2010-0249510RECORDING REQUEST BY: APN: 275 - 270 -36, MDRA 09 -37 D O C # 2010-0249510 1111111111111111111111111111111111111111111111111111111111111111111111 MAY 18, 2010 3:59 PM OFFICIAL RECORDS SAP! DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 1100 PAGES: (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Whereas Paul E. Smithers and Kristine P. Smithers, PROPERTY OWNER ( "OWNER" hereinafter), are the owners of real property commonly known as 13657 Paseo De La Huerta ( "PROPERTY" hereinafter), and more fully described as: Lot 48 of City of Poway Tract No. 88 -15 Unit No. 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 12466, filed in the office of the County Recorder of San Diego County, September 22, 1989. In consideration of the approval of a Building Permit by the City of Poway ( "CITY" hereinafter) for the construction of a 1,100- square -foot, detached guest house and a 971- square- foot, detached, non - habitable accessory building, OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit and complete kitchen facilities shall never be installed; additionally, the non - habitable accessory building shall never be rented or leased as a separate unit, a kitchen shall never be installed, and it shall never be improved as conditioned space (improved with heating and /or cooling duct - work). 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 and /or non - habitable accessory building 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: q 1 —:50 1 20 i 0 Dated: y/30/2010 Dated: 14? M: \planning \cmr\guesl house cov\smithers.docx OWNE : By: Paul E Smithers (Notarize) By: yKrigtine P. Smithers (Notarize) CITY O By: U. 'L R60ert J. Mar/s, Dir ct r o evelopment Services ID—D-0— CITY OF POWAY IV �i WHEN RECORDED MAIL TO: CITY CLERK \ CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 270 -36, MDRA 09 -37 D O C # 2010-0249510 1111111111111111111111111111111111111111111111111111111111111111111111 MAY 18, 2010 3:59 PM OFFICIAL RECORDS SAP! DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 1100 PAGES: (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Whereas Paul E. Smithers and Kristine P. Smithers, PROPERTY OWNER ( "OWNER" hereinafter), are the owners of real property commonly known as 13657 Paseo De La Huerta ( "PROPERTY" hereinafter), and more fully described as: Lot 48 of City of Poway Tract No. 88 -15 Unit No. 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 12466, filed in the office of the County Recorder of San Diego County, September 22, 1989. In consideration of the approval of a Building Permit by the City of Poway ( "CITY" hereinafter) for the construction of a 1,100- square -foot, detached guest house and a 971- square- foot, detached, non - habitable accessory building, OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit and complete kitchen facilities shall never be installed; additionally, the non - habitable accessory building shall never be rented or leased as a separate unit, a kitchen shall never be installed, and it shall never be improved as conditioned space (improved with heating and /or cooling duct - work). 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 and /or non - habitable accessory building 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: q 1 —:50 1 20 i 0 Dated: y/30/2010 Dated: 14? M: \planning \cmr\guesl house cov\smithers.docx OWNE : By: Paul E Smithers (Notarize) By: yKrigtine P. Smithers (Notarize) CITY O By: U. 'L R60ert J. Mar/s, Dir ct r o evelopment Services ID—D-0— Apr 13 10- 03:06p Paul E. Smithers 858 -486 -9404 p.11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT c�Ci�•[M - .F- f`:y»:Cav+- ,C-'f'c.CC ". _ _ ZY'2y'-�i` .n�(" _ M.GaC�^l..•Y`=M��^C� !i - -_- - State of California �� County of �\ A4�� personally appeared NCN 3 y CHRISTINE E. BURGER CDMM.fi 1812776 xorAllr PUMC- CALIFORNIA \, Sul DNGo COUNTY \c, Mr Coles. RxP. 5� e�pp�� Pbce rotary Seal Above who proved to me on The basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that haisheithey executed the same in histherRheir authorized capacity(ies), and that by his/her/their signatures) 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 and official seal. Signature 9lgnatum d Ncb,, Pobic OPTIONAL Though the mfomration beliAv is not required by law, it may pmve vatuabie 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — D Limited C General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUi�iBPRINT AF SIGNER..' Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — _—) Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Consemalcr ❑ Other: Signer Is Representing: nIGHTTBUMBPRINT x,: ,of SIGNER N ®ZJOT[.'alionar Notary A'•soculim•93iD D¢ SCb AR., ?O.em �d02•CNatmonN, CA 91J112102•w�vw,NatimalNOlary:ig I-eT:590T Recrtler. CaIITa1Fr�1BOD356 &']