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Covenant Regarding Real Property 2014-0166408RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: D O C ## 2014-0166408 �� I I I II II I I VIII II I I I I II III I I II I IIII III APR 25, 2014 1:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY The:Miller Family Trust dated February 23, 2006 ( "OWNER" hereinafter), is the owner of real property commonly known as 13951 Rock Creek Road ( "PROPERTY hereinafter) and more fully described as: Lot 23 of City of Poway Tract No. 4093 -R, in the City of Poway, County of San Diego, State:of California, according to Map thereof No. 11396, filed in the Office of the County Recorder of San Diego 'County on December 19, 1985. Pursuant to Poway Municipal Code Section 17.08.180(C)3, and in consideration of the approval of Building Permit B14 -0289, a request to construct a detached, non - habitable accessory structure at -the above- referenced property by the-City of Poway ( "CITY_" hereinafter), OWNER hereby agrees that the detached, non - habitable accessory structure shall-never be�used as habitable space; shall not have complete kitchen facilities, heating, or air conditioning; and the non - habitable structure shall never be rented.or leased.as aseparate 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 detached, 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 pfe`vailing party` shall'be'entitled to full reimbursement of all costs - including _reasonable attorneys' fees, from the other party. i�- OW Miller )Family �Trust dated February 23, 2006 Dated: t�{rT( 22� Z[nl� } I�(IUVV�/ obert Michael Miller, Trustee (Notarize) CITY OF POWAY: Dated: - % By: la4l"J. W 'If R6beh J. Manis, Dkecto'r-0 bevv ment Services IN-Q 12- - - r CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 D O C ## 2014-0166408 �� I I I II II I I VIII II I I I I II III I I II I IIII III APR 25, 2014 1:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY The:Miller Family Trust dated February 23, 2006 ( "OWNER" hereinafter), is the owner of real property commonly known as 13951 Rock Creek Road ( "PROPERTY hereinafter) and more fully described as: Lot 23 of City of Poway Tract No. 4093 -R, in the City of Poway, County of San Diego, State:of California, according to Map thereof No. 11396, filed in the Office of the County Recorder of San Diego 'County on December 19, 1985. Pursuant to Poway Municipal Code Section 17.08.180(C)3, and in consideration of the approval of Building Permit B14 -0289, a request to construct a detached, non - habitable accessory structure at -the above- referenced property by the-City of Poway ( "CITY_" hereinafter), OWNER hereby agrees that the detached, non - habitable accessory structure shall-never be�used as habitable space; shall not have complete kitchen facilities, heating, or air conditioning; and the non - habitable structure shall never be rented.or leased.as aseparate 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 detached, 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 pfe`vailing party` shall'be'entitled to full reimbursement of all costs - including _reasonable attorneys' fees, from the other party. i�- OW Miller )Family �Trust dated February 23, 2006 Dated: t�{rT( 22� Z[nl� } I�(IUVV�/ obert Michael Miller, Trustee (Notarize) CITY OF POWAY: Dated: - % By: la4l"J. W 'If R6beh J. Manis, Dkecto'r-0 bevv ment Services IN-Q 12- - - r CALIFORNIA ALL-PURPOSE r aaY•v%' »i= -�3_asax.�ae. �.eC:� a4 a a.a;.atG: :ivwa .a �aLaY_�i. ti.. �. a a _a.C.aia._ »�. a. a a »• ai State of California //�� Eye ! County of �A/1/ L / O L oremeZZ ZO/ �y L/J Cate Hera Insert Rme and The of the OMicer personally appeared 0'6tw-1 r,mer., n, 9nnuan, i sS'SHINN Commission p 19S62t5 - Notary Public .California San Diego County. My Comm. Expires Nov 9, 2015+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personA,whose nameM is/c* subscribed to the within instrument and acknowledged to me that he*/t* executed- the.same in hisilt*r/thbiCauthorized capacity(i4), and that by his/F}er/tf& signature( on the instrument- n the perso 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. WITNESSmy,ha rid official seal: Signature Sgnetura o otary Pudic OPTIONAL Though the, information below is not required by law, it may prove valuable to persons.. relying on the document and bou/d prevent . fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of,Documment t- (1V1 ,1V1Y/V 1 1I L [71/KJ/ N9 /t- r-,fz. j/ yr ` i Document Date: AIC l L Z 2 0 i � y / N/u,m, bber of Pages: / Signer(s) Other Than Named Above: IC ,9,&E%?T' Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 'Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited. ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: El Individual ❑Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General El Attorney nFact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ®2007Nelbnal N=ry4ssadabn•9350De Sod Aw.,P.D.B 2402•Chal M,CA913132412 ..NatlonalNodryoM tem #5907 Reorder:.CallTdl- Ffeet-80 78 827