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Covenant Regarding Real Property 2014-0058177APN:'323- 430 -11 COVENANT REGARDING REAL PROPERTY Theodore R. Stephens and Candace A. Stephens, Husband and Wife as Community Property, ( "OWNER hereinafter) are the owners of real property commonly known as 13764 Paseo Bonita ( "PROPERTY" hereinafter), and more fully described as: .Lot 11 of City of Poway Tract No. 4278, in the City of Poway, County of San Diego, State of California, according to map thereof No. 11326, filed in the office of said county, September 13, 1985. In consideration of the approval of a Building Permit to construct a 1,031- square -foot, detached garage at the above - referenced property by the City of Poway ( "CITY" hereinafter),, OWNER hereby agrees that the detached garage shall never be converted to habitable space without first obtaining a Building_ P_e_rmit and that the detached garage shall never 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 garage 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. Dated: Dated: / ,Y// OWNER: Theodore R. Stephens (Notarize) C ate+ aLa a2- ox Candace A. Stephens (Notarize) CIT` Dated: ? S I By: / y- 008 D O iC ## 201 4 -00581 77 RECORDING REQUEST BY: ) IIIII I III III III 1111111 IIIII II I I I IIIII III II I IIII III FEB 11, 2014 4:06 PM CITY OF POWAY ) OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER CITY CLERK ) FEES: 19.00 CITY OF POWAY ) ^ PAGES: 2 X POWAY CA 92074 -0789 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i lJ \ ' (rnis space Tor Kecortler's use) APN:'323- 430 -11 COVENANT REGARDING REAL PROPERTY Theodore R. Stephens and Candace A. Stephens, Husband and Wife as Community Property, ( "OWNER hereinafter) are the owners of real property commonly known as 13764 Paseo Bonita ( "PROPERTY" hereinafter), and more fully described as: .Lot 11 of City of Poway Tract No. 4278, in the City of Poway, County of San Diego, State of California, according to map thereof No. 11326, filed in the office of said county, September 13, 1985. In consideration of the approval of a Building Permit to construct a 1,031- square -foot, detached garage at the above - referenced property by the City of Poway ( "CITY" hereinafter),, OWNER hereby agrees that the detached garage shall never be converted to habitable space without first obtaining a Building_ P_e_rmit and that the detached garage shall never 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 garage 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. Dated: Dated: / ,Y// OWNER: Theodore R. Stephens (Notarize) C ate+ aLa a2- ox Candace A. Stephens (Notarize) CIT` Dated: ? S I By: / y- 008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .asG•is:�a,000C.h w.:•vge_.yGa >_ae.:> T. �.. -.it:.>;s_n� Y.v�vs3i:a s�S:nsegLrti ,� ai ..:SLaL» � • *�*,.a;: => •i•_:a a nx_n a.. yi State of California County of .Ji�/1/ 1J/Ey/0 // J} On 1'2-& ,�°y 3 Z ��� before me, ; /7 L //5 'L 1 personally appeared /fif r/-5 U.r66 F. J76 AHD Names) of Slgna who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)*re subscribed'to the within instrument and acknowledged to me that *4WAhey executed the same in "Aheir authorized capacity(ies), and that.by 06/h dtheir,signature(s) on the instrument the person(s), or the entity upon behalf of PHYLLIS SHINN which the person(s) acted, executed the instrument. Commlaalon ♦ 1956215 Le- 'NolaryPublic • California 1 certify under PENALTY OF PERJURY under the laws San Diego County of the State of California' that the foregoing paragraph is M Comm. Ea irea Nov 9,2015+ true and correct: WITNESS my hand official seal. — -- - — Signature Place Notary Seal Abrnre Signature of Notary Pudic OPTIONAL Though the information below is not required bylaw, it may prove valuableto persons relying on the document . and could prevent fraudulent reirlovatand reattachment of this form to another document. Description of Attached Title or Type of.Document Document Date: FErra.ey 3 Z D/ Y Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ 'Corporate Officer — Title(§); ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF.SIGNER: in Signer's Name: ❑Individual. El Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I RIGHTTHl1MBPRINT _ OF SIGNER` in,