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Covenant Regarding Real Property 2011-0361414DOC p 2011 - 0361414 IIIIIIIIIIIIII11In11I1111INNIIIYIIIVIIIIIIIIIIIIIIIIIIIIIII11III JUL 15, 2011 1:21 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 I IIIII� �IIII �IIII ��III ��II� II�II �IIII VIII VIII VIII (III VIII VIII ��III ��III ��II III (This space for Recorder's Use) APN: 275- 793 - COVENANT REGARDING REAL PROPERTY Christopher N. Markoff and Joanna J. Palica - Markoff, Husband and Wife as Joint Tenants, are the owners of real property ( "OWNERS" hereinafter) commonly known as 16027 Summer Sage Road ( "PROPERTY hereinafter), and more fully described as: Lot 37 of City of Poway Tract No. 4092 -R, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 11320, filed in the Office of the County Recorder of San Diego County, September 10, 1985. 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. OWNERS: Dated: Christopher N. Markoff Dated: l � _ Joanna J. Palica- Markoff CI OF POWAY: - .n Dated: 1 By: t 6bert J. Manis irector of Development I I -Cq l RECORDING REQUEST BY: ) rj CITY OF POWAY ) WHEN RECORDED MAIL TO: CITY CLERK ) CITY OF POWAY P O BOX 789 ) POWAY CA 92074 -0789 ) DOC p 2011 - 0361414 IIIIIIIIIIIIII11In11I1111INNIIIYIIIVIIIIIIIIIIIIIIIIIIIIIII11III JUL 15, 2011 1:21 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 I IIIII� �IIII �IIII ��III ��II� II�II �IIII VIII VIII VIII (III VIII VIII ��III ��III ��II III (This space for Recorder's Use) APN: 275- 793 - COVENANT REGARDING REAL PROPERTY Christopher N. Markoff and Joanna J. Palica - Markoff, Husband and Wife as Joint Tenants, are the owners of real property ( "OWNERS" hereinafter) commonly known as 16027 Summer Sage Road ( "PROPERTY hereinafter), and more fully described as: Lot 37 of City of Poway Tract No. 4092 -R, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 11320, filed in the Office of the County Recorder of San Diego County, September 10, 1985. 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. OWNERS: Dated: Christopher N. Markoff Dated: l � _ Joanna J. Palica- Markoff CI OF POWAY: - .n Dated: 1 By: t 6bert J. Manis irector of Development I I -Cq l ACKNOWLEDGMENT •■■ �■■■■■■■■■■■ a■•• ��■■■■■ rrrrrf�■■■ rrr • ■■■� ■r�■rr■■■■�■r■. ■ra��r■��■� State of California County of � —�f ►= ) ss. n On j fore me � r Notary Public, appeared who proved to me on the basis of satis6&ory evidence to be the person(s) whose name(s) is/ (@P subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her /tai authorized capacity(ies), and that by his /her natures(s) on the instrument the-person(s), or the entity upon behalf of which the 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. & C#JL F3 Signature OPTIONAL INFORMATION Date of Document / / -/ f Thumbprint of Signer Type or Title of Document ka Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paperadentification io — Credible Witness(es) Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other: Other Information: } 2008 Allstate Notary Preparation, Inc, - (800) 689-845 - lu wwallstatenotary „ coy