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Covenant Regarding Real Property 2011-0285937RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 DOC # 201 1 - 0285937 IIIIIIII III IIIII IIIII IIIII IIIII 11111 HE 11111111111111111111 IN II II ' JUN 03, 2011 22 PIVI OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 � I IIIIIIIIIIIIIIIIIIIIIIII IIII IIIII APN: 321- 270 -56 COVENANT REGARDING REAL PROPERTY John Laverne Augustine III and Diana Lynne Augustine, trustees under agreement dated March 18, 1986, are the owners of real property ("OWNERS" hereinafter) commonly known as 17200 Dos Amigos ( "PROPERTY hereinafter), and more fully described as: Parcel 2 of Parcel Map No. 10933, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 29, 1981 as File No. 81- 029888 of Official Records. 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), OWNERS hereby agree 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 OWNERS, 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. O NERSS` Dated: 6"aG John Laverne Augustine lll, Trustee Dated: Diana Lynne Augustine, Triffstee CITY OF POWAY: Dated: #1141 By: Robert J. Mavis / Director of Development /1:070 State of California County o 1'5z y On &Y z�0. Z0 // before me, f/yG /f Ji1 i�YD7" Y I , Date Here Insert Name and Title of theFOfficer personally appeared V f�/U Li9 �L7�i C GPST /�l/�y3 Names) of Signer(s) Z �/ 5/7 7W, PHYLLIS SHINN Commission # 1773898 Notary Public - California San Diego County M m- 80ftNNov�?A11 r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))i/are subscribed to the within instrument and acknowledged to me that )ie /ihe/they executed the same in Ms/tWtheir authorized capacity(ies), and that by tt)fs/hVr/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 han nd official seah Signature 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: c�/dE�� 7i� //l KL - l"✓� ©�G Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER. o f thumb here 1 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 o f thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.Nationa[Notaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827