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Covenant Regarding Real Property 2011-0632204RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 920740789 APN: 323 - 060-40 a O C ## 2011-0632204 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III 3g NOV 28, 2011 1:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES: 3 I IIIIII IIIII IIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Michael Locke, an unmarried man, is the owner of real property ( "OWNER" hereinafter) commonly known as 12915 Claire Drive ( "PROPERTY hereinafter), and more fully described in Exhibit A. In consideration of the approval of a Building Permit to build a detached non - habitable accessory structure at the above - referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the accessory structure shall never be converted to habitable space without first obtaining any required permits, that the accessory structure will not be rented or leased as a separate unit, and no gas line and /or 220 ampere electrical service shall ever be installed. 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: 1 Dated: f �' C, - ,14 C Michael'Locke, Owner CITY OF POWAY: Dated: By: Aobert J. KMalKis Director of Development S ices CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of — ��i'� /�7r D OnA40fj6a before me, �}`yGr;�J fir r✓ A0 %4 y: " d'Gr C_ Date '� were Inted Name and riflVof the Officer personally appeared ��� ( C /yjGZ Z. 06K,! ,s, ol signs (s) PHY" SFi1111R1 who proved to me on the basis of satisfactory evidence to Commission # 1956215 be the personN whose nameN, is/ .subscribed to the Public - California Son Die" C,my + within instrument and acknowledged to me that MY ron Car ices Nov 9.2015 he/she/t 4 executed the same in his/tte`rAIJALa thorized capacity(i0Q, and that by hisftr /thffir_signature(. on the instrument the person„ or the entity upon behalf of tNN which the person(Aacted, executed the instrument. Cgsnnfffssion at 1455215 Motary Public - California San Diego County Comm. EXDires Now 9. 2015 Place Notary seal Atrwe 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 seal. Signature Signature of Notary Public oPrioNaL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of D Document Date: Signer(s) Other l Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — O Limited D General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing 81131 rTliuneePRINT OF`SIGNEti Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGIfirTFIUMSPRINr OF;StGNER Top af thumb here L - 'N'QLd! 'f/ 'd "L 'b 'Gf 'L ''!/ 'b 'dQ�b[`d 'd 'V 'd 'L 'd '!Y '✓ 'L 'b 'U 'LQ`d 'b 'd 'N 'b 'Lj�U 'b 'tY 'H�'b 'd 'L 'b 'b 'b 'L .- 'U 'L. Exhibit "A" Parcel is All that portion of the West Half of the West Half of the Southeast Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, lying Easterly of the Easterly line of the Westerly 260 feet of said West Half of West Half of Southeast Quarter, Described as follows: Commencing at the center of said Section 18; thence South along the West line of said Southeast Quarter a distance of 660 feet to the Northwest comer of a Parcel of land conveyed to Kenneth C. Helswanger and wife by Deed dated April 1, 1948, and recorded April 23, 1948 in office of recorder of said San Diego County; thence East parallel with the North line of said Southeast Quarter and along the Northerly line of Helswanger's Land 260 feet to the Northeast comer thereof and the true point of beginning; thence continuing East 400 feet more or less along the Easterly prolongation of said Northerly line of said land to the East line of the West Half of the West Half of said Southeast Quarter; thence South along said East line 1980 feet more or less to the South line of said Southeast Quarter; thence West 400 feet more or less along said South line to the East line of the Westerly 260 feet of said West Half of the West Half of the Southeast Quarter of Section 18; thence North along said East line 1980 feet more or less to the true point of beginning. Excepting therefrom the Northerly 871.40 feet also Exception therefrom the South 5 acres. Parcel 2: A right of way for road purposes over and across the Easterly 20.00 feet of the Westerly 270.00 feet of the Northerly 660.00 feet of the Northwest Quarter of the Southeast Quarter of Section 18, Township 14 South, Range I. West, San Bernardino Meridian, in the County of San Diego, State of California, according to United State Government Survey approved February 24, 1976 and also over and across the Easterly 10.00 feet of the Westerly 260.00 feet of the Southerly 600.00 feet of the Northerly 1260.00 feet of said Northwest Quarter of the Southeast Quarter of Section 18. Said right of way is for the benefit of and appurtenant to all that Portion of the West Half of the West Half of said Southeast Quarter of Section 18 conveyed to Howard E. Harwell and wife by deed dated June 23, 1948 and recorded in Book 2860, Page 476 of Official Records and shall insure to the benefit of and may be used by all persons 'who may hereafter become the owners of said appurtenant property or any parts or portions thereof. Parcel 3: A right of way for road purposes over and across that portion of the Easterly 10.00 feet of the Westerly 260.00 feet of the Southeast Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State California, according to United States Government Survey approved February 24, 1876, lying Southerly of the Southerly line of the Northerly 1260.00 feet of said Southeast Quarter. Said right of way is for the benefit of and appurtenant to all that portion of said Southeast Quarter of Section 18 conveyed to Howard E. Harwell and wife by Deed dated June 23, 1948 and recorded in Book 2860, Page 476 of Official Records, and shall insure to the benefit of and may be used by all persons who may hereafter become the owners of said appurtenant property or any parts or portions thereof.