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Covenant Regarding Real Property 2012-0104537RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO F� CITY CLERK OF POWAY 3CITY P P O BOX 789 POWAY CA 92074 -0789 APN: 321 - 133 -02 DOC p 2072 - 0104537 FEB 23, 20112 4:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 15364 PAGES: 3 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIlI IIIII IIIII IIIII IIIII IIII Ills (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Whereas David M. Corbin, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property commonly known as 13863 Putney Road ( "PROPERTY" hereinafter), and more fully described in the attached Exhibit A. In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building Permit for the construction of a 560- square -foot, detached, non - habitable storage /shed building, OWNER hereby agrees that no portion of said building shall ever be rented or leased as a separate unit, and no kitchen facilities will be installed, and the building shall never be improved as conditioned space (improved with heating and /or cooling duct - work). This Covenant shall run with the land and be binding upon and inure to the benefit of the 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 building at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party incurs costs as a result of filing a civil action 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: Dated: Z & 1Z M: \planning \cmr \guest house cov\corbin Cov.docx In CITY OF POWAY By: � //�;4 vz�jlao Ro ert J. Manis, irec or 6f D velopment Services Exhibit A 15365 That portion of Lot 4 (Southwest Quarter of the Southwest Quarter) of Section 7, Township 14 South, Range I West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at a point on the Westerly line of said Lot 4, distant thereon South 00 degreesl2'48 "East, 1141.66 feet from the Northwest corner thereof; thence South 81 degrees32 '27 "East, 376.08.feet to the center Hue of that certain strip of land shown and designated on Record of Survey Map No. 3461, as "Existing 60 Foot Easement Reserved For Road"; thence along said center line, South 00 degrees34'SO" East, 10.38 feet to the Southwesterly corner of that certain Parcel of Land conveyed to Glen L. Rawlins, et us, by Deed recorded July 19,1956 in Book 6184, Page 508 of Official Records and the True Point of Beginning; thence along the Southerly line of said Rawlins' Land, South SS degrees 11 '40" East, 324.28 feet to the Westerly Line of that certain Parcel of Land conveyed to Lucille L. Davenport by Deed recorded January 3, 1957 in Book.6402, Page 312 of Official Records; thence along said Westerly line, South 00 degreWl 4'5 "East, 153.77 feet to the Southerly line of said Lot 4; thence along said Southerly line North 88 degrees09'40" West, 345.80 feet to the center line of said easement above mentioned, being a point on the arc of a 200.00 foot radius curve concave Northwesterly, the center of which bears North 64 degrees 17'10 "West; thence Northeasterly along the arc of said curve, 91.78 feet through a central angle of 26 degreesl7 140 1;thence tangent to said curve North 00 degrees34 'SO "West, 64.11 feet to the True Point of Beginning. ACKNOWLEDGMENT 15366 ................ ............................... 0 a 0 a M 0 ...... 0 W R 0 0 0 5 E 0 a 2 W 0. State of California County of San Diego} ss. On f LP a before me Notary Public, personal) ppeared who proved to me on the basis of satisfactory evidence to be the persorT( hose name(s)re subscribed to the within instrument and acknowledged to me that e he /th executed the same in is er /their authorized capacity(i d that by er /their signatures(6s on the ins ent the person the entity upon behalf of h the personks-}-aried, 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. (I il 6QA �94 4,LUO Signature S.K. GILL- BROWNELL COMM. 01824134 CqNotary Public - California r� SAN DIEGO N salon Explrea Nov. 23,201 2 ............................... ............................... 0. 0 0. 0 .... . 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