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Covenant Regarding Real Property 2011-0584170RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 314 - 192-40 DOCd 2011- 0584170 NOV 02, 2011 4:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg. Jr.. COUNTY RECORDER FEES: 19.00 PAGES: 2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Dennis C. Poe and Mary Poe, Husband and Wife, are the owners of real property ( "OWNERS" hereinafter) commonly known as 14423 Midland Road ( "PROPERTY hereinafter), and more fully described as: The Northerly 120.00 feet of the Southerly 270.00 feet, measured along the Easterly line of all that portion of Section 12, Township 14 South, Range 2 West, San Bernardino meridian, in the County of San Diego, State of California, according to United States Government Survey. In consideration of the approval of a Building Permit to build a detached storage unit at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNERS hereby agree that the detached storage unit shall never be converted to habitable space without first obtaining a Building Permit and that the detached storage unit 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 detached storage unit 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. Dated: (/c. i/, z o / Dated: OWNERS: Dennis C. Poe Mary Poe CITY OF P Y: Dated: By: obert J. Ma is Director of Development S ices 1 I- X03 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ;\ County of.X�(�1 `JIPO On 10 [1 11 � Date personally appeared CIVIL CODE § 1189 who proved to me on the basis of satisfactory �u, C qwe evidence to be the person(o whose name(# i 30Cton 0 1787479 subscribed to the within instrument and acknowledged NotatV c � to me Pjr hetstret�ie� executed the same in 116A.A. San =he r/ authorized capacity es , and that by D�°�►Z011 signature(®? on the instrument the perso the entity upon behalf of which the person(�si 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. WITNES and and off I I off seal. Signature: Place Notary Seal Above Slgnatu of OPTIONAL Though the information below is not required bylaw, it may prove valuable to person on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc n ,- (� _ 1 �/ (1 Title or Type of Document: (� ,~ Document Date: �"j- Num of Pages: Signer(s) Other Than Named Above: _ `l( 1k0.r l A,-] Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual Wahl Wi • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact ❑ Trustee - ❑ Guardian or Conservator ❑ Other. Signer Is Representing: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NallonalNOtary.org - 1- 800-US NOTARY (1.600- 876.6827) Item #5907