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Covenant Regarding Real Property 2012-0383763RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 AP N: 275 - 380 -03 /M D RA 10 -030 D O C # 2012-0383763 IIIII II III I I 1 IIII IIIII IIIII IIIII IIIII IIII IIII IIIII IIIII IIII IIII r^ JUL 02, 2012 12:06 PM M OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 I (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII COVENANT REGARDING REAL PROPERTY Joseph S. Kelchlin and Theresa L. Kelchlin, Husband and Wife as Joint Tenants, ( "OWNERS" hereinafter), are the owners of real property commonly known as 12916 Camino del Valle 'PROPERTY hereinafter), and more fully described as: Lot 76 of Valle Verde Estates Unit No.3 in the County of San Diego, State of California, according to Map thereof No. 4933, filed in the Office of the County Recorder of said San Diego County, March 21, 1962. In consideration of the approval of Minor Development Review Application 10 -030 and a Building Permit to construct a detached structure consisting of a 1,345- square -foot guest house and a 1,485- square -foot workshop and storage area on the referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest house shall never be rented or leased as a separate unit, and no complete kitchen facilities shall be installed; and the workshop and storage area shall not be converted to habitable space without approval of the appropriate permits. 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 structure at the request of the OWNERS, 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: `� v Dated: &/6/11- rnAplanntnglodMmdraslmdra 10 -30 Kelchlin covenant.docx OWNE S: ,,-'�Josepfi S. Kelchlin Thesa er L. Kelc Im CITY OF 0 J. ManTs! Di Services —C:'q6 ATE OF CALIFORNIA) )UNTY OF - i e60 ) (a 1Zj q,012 before me, Notary Public in and for said State personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /ate subscribgd,to the within instrument and acknowledged to me that he /she /t e executed the same in his /her /tie t authorized capacity(ies), and that by his/her/ el 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 m hand and official seal. KIMBERLY A. GINSBERG my UQ COMM. # 1837866 NOTARY "ILIC • CALIFORNIA W7 SAN DIEGO COUNTY n Signature _ (Seal) CONY. EXPIRES FES. 27, oo