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Covenant Regarding Real Property 2013-0591437RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO 17 D 0 C# IIIIIIIIIIIIIIIilllllllllllllllllllllllllll 11111111 111 IIIII IIIII 1111111 SEP 27, 2013 2:32 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Einest J. Dionenburg, Jc, COUNTY RECORDER FEES: 25.00 PAGES: 4 COVENANT REGARDING REAL PROPERTY G. Bryan Cornwall and Deeanne Cornwall, husband and wife, as joint tenants, ( "OWNER" hereinafter) are the owners of real property commonly known as 15112 Huntington Gate ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of a Building Permit to construct a detached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest house shall never have kitchen facilities installed and that the guest house 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 guest house 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. rp1dG1_:11 7 Dated: °I 12o/ 13 'D r" �'I,�N L (- 1 � G. Bryan Cornwall (Notorize) Dated: D) IY�C beeanne Cornwall (Notorize) CITY OF POWAY Dated: By: 4�Q. Robert J. Ma is Director of Development Se ces II)YuK CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 17 D 0 C# IIIIIIIIIIIIIIIilllllllllllllllllllllllllll 11111111 111 IIIII IIIII 1111111 SEP 27, 2013 2:32 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Einest J. Dionenburg, Jc, COUNTY RECORDER FEES: 25.00 PAGES: 4 COVENANT REGARDING REAL PROPERTY G. Bryan Cornwall and Deeanne Cornwall, husband and wife, as joint tenants, ( "OWNER" hereinafter) are the owners of real property commonly known as 15112 Huntington Gate ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of a Building Permit to construct a detached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest house shall never have kitchen facilities installed and that the guest house 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 guest house 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. rp1dG1_:11 7 Dated: °I 12o/ 13 'D r" �'I,�N L (- 1 � G. Bryan Cornwall (Notorize) Dated: D) IY�C beeanne Cornwall (Notorize) CITY OF POWAY Dated: By: 4�Q. Robert J. Ma is Director of Development Se ces II)YuK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a »_ »s_' »C•i »9fatG' :it asiC•" » » - ».' .•Sv a. -'. »» . »Lv a »x, Fit State of California County of fi Omy6m' iL) ZZJkjfore me, Data personally appeared Pe PHYLLIS SHINN Commission 11958215 y Notary Public - California San Diego County Comm. Expires Nov 9, 2015 Place Notary Seal Above L (C_ who proved to me on the basis of satisfactory evidence to be the person whose name(A is /op, subscribed to the within instrument and acknowledged to me that '6/e /she/t% executed the same in btAer /tikauthorized capacity(io), and that by )S/her/thkr signature( on the instrument the person, or the entity upon- behalf of which the person() 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 official sea_ Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document . and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: / K 0 ��Nummber of Pages: Signer(s) Other Than Named Above: �i Dam T r /k )-llyl� S Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner-0 Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT: OF.SIGNER in Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rRIGHTTHUMBPRINT `OFSIGNER 02007 National Notary Assodathw- 9350 De Soto Am. P.O. Boa 2402- Chatswort h; CA 91313 -24M- www.NationalNotary.org Item #5907 Reorder.Call Toll -Free 1- 800 - 8]&682] OA State of" California County'of _ii ✓�'L� oil 'q X20 L I',1_ i)efore me4 ,.e — >Inu personally appeared _ A LA.. P.,I�i, W.. C, who proved to rne;on the basis of satisfactory',evidence to betiflie helsonjs) %whose,naine(s) Is /fie :'subscl br;d -to the wltY m instrument. and acknowleelged to' me that Py . he /sj executed the same'm his /l�rlt authorizbd capacity(ips� and that by his%lyer /JL�eG, signature(aj oil the ulslriunent the lierson�sj or the entity' upon. behalf of whichaJ�e pei`so�i(,�- actee;,ezecuted tl5e liist7umeiil. I certify, under `PENALTY" ,'OF PERJURY, under the „laws of tlie;Slate ofCalilornla,lPial the,foregorng paragralih is tiue and correct. Seg0lpoCounty WITNE y hai dtand;oflicial5rs J. ae 82015 Sign _ I4ncaIJnIUIXSniil Alnvu — — -- 511 'tlli i I ❑al uyIPW &c OP. �TIONA �` • Though Ilia inlorm9iion Below is not required bylaw, it may piuve v li ible Id persons relyiiry on Ilie, docamein and could 'iumvent'b'audulenl °iemoval nnd.ie �naclinitinl nl IbrS lorzri to ailolhei-dnri unenl. pescinption,of Attached �D'ocurnent•. I Title of Type of Document:— cUve.r_\CLa -- 1_ \ PrpQe�%^1 Document Date: � nl)ei of Pages: _% Signer(s) Olhel Than Nalned Above: Cppacity(ies), Claimed 6y Signers) Signer:'s.Name: ❑ lndi3idual LI' CorpolaleOfficei — Tille(s), - IJ Pa the — -1 Limited ❑ General ❑ Attomey iri Fact 7r D ul Ihmrib'heie ❑ Trustee, D Guartl6i3 or Conservator ❑ Other; Signer Is Representing: Signers Name: If IndiGidual p'Oorporale Officer - Title(s); CP Partner f9 Limited ❑ General ❑ Attorney in Fact 1 P ny'Iln_mih hem ❑Trustee ❑' G uardiamorCoriservator ❑ Other: Signer Is Representing: _. - 02f67 N I a it Numiy Ais nlf m ,LLU Dn mu An„ P,0 B.r 2409 CIi;ILVro II C4 913132AU2 viww.H1 Iiun:IlNol ,yn,q ,Ilan) U 907 AnmUnI:CnIIIMI riou 1.0IX1 N]G1fiN27 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 17 OF THE CITY OF POWAY. TRACT'N0. 86 -01, UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,. ACCORDING TO MAP THEREOF NO. 11802, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 6, 1987. EXCEPT THEREFROM ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER OR THAT MAY BE PRODUCED, FROM A DEPTH. BELOW 500 FEET FROM THE SURFACE WITHOUT RIGHTS OF SURFACE ENTRY AS RESERVED BY GREEN VALLEY RIDGE ESTATES,,INC., A CALIFORNIA CORPORATION IN DEED RECORDED AUGUST 15, 1988 AS FILE NO. 88-175690 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE EASTERLY 40.00 FEET OF LOT 13 OF CITY OF POWAY TRACT NO. 86 -01, UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11802, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 6, 1987. SAID EASEMENT IS APPURTENANT TO ALL OR ANY PART OF LOTS 14; 16 AND 17 OF SAID CITY OF POWAY TRACT NO. 86 -01, UNIT 1, MAP NO. 11802. ASSESSOR'S PARCEL NUMBER: 321- 400 -17 -00