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Covenant Regarding Real Property 2011-0272505RECORDING REQUEST BY: 1 CITY OF POWAY i WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 DOC# 2011-0272505 11111111111111111111111111111111111111111111111111111111111111 IN IN MAY 26, 2011 10:52 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 1111111111111111111111111111 IN I Hill 1111111III II IIIII N11111 Hill IN Hill 11111 I III APN: 273 - 183 -21 COVENANT REGARDING REAL PROPERTY Robert H. Bowser, as Trustee of the Bowser Family Trust, is the owner of real property ( "OWNER" hereinafter) commonly known as 13817 Tam O'Shanter ( "PROPERTY hereinafter), and more fully described as: Lot 339 of Valle Verde Country Club Estates, in the County of San Diego, State of California, according to Map thereof No. 4683, filed in the Office of the County Recorder of San Diego County, December 21, 1960. In consideration of the approval of a Building Permit to build a non - habitable accessory structure at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the non - habitable accessory structure shall never be converted to living space without first obtaining approval and appropriate permits from CITY, that no kitchen facilities will be installed, and that the accessory structure will not be rented or leased as a separate unit. This Covenant shall run with the land and be binding upon and inure to the benefit of 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 non - habitable accessory structure 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. OWNER: Dated: .S .Z� Ro ert H. Bowser, Trustee CITY OF Dated: 5 10 2 Y: Robert J. Manisf - j Director of Development 1 I -e�7S CALIF ORNIA • ACKNOWLED State of California County of On before me, nL11i Jf/� 1l, wonw Ac�LIG —. D ate Here Insert Name and Titl of the Officer personally appeared 490t'dsG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personk whose name(o is/* subscribed to the within instrument and acknowledged to me that he /0(e,/t* executed the same in his*/tl authorized capacity(i*, and that by his/ *r/t%k signature(k on the instrument the person(,, or the entity upon behalf of which the persoAA acted, executed the instrument. PHYLLIS SHINN I certify under PENALTY OF PERJURY under the laws Commission #r 177$896 of the State of California that the fore para -•► Notary Public - California foregoing g para ra San Diego County true and correct. Carrrn. Nov9 TOIi WITNESS my ha and officials I. Place Notary eal Above Signature ry 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 D cu//meAntt Title or Type of Document: Document Date: ZIP Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .• of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER