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Covenant Regarding Real Property 2014-0203106RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: p �(> CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 D o C # 201 4 - 0203106 , 11111111111 IIIII 1111111111111111111111111111111111111111111111111111111 MAY 19, 2014 9:43 AM 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) APN: 273 - 171 -22 ' COVENANT REGARDING REAL PROPERTY James J. Kana and Ann F. Kana, Husband and Wife as Joint Tenants ( "OWNER" hereinafter), are the owners of real property commonly known as 17127 St. Andrews Drive ( "PROPERTY hereinafter) and more'fully described as: ,Lott 22 of Valle Verde Country Club Estates, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 4683, filed in the County Recorder of San Diego County, December 21, 1960. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B14 -0403, a request to construct an attached, non - habitable accessory structure,at the above- referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached, non - habitable accessory structure shall - never be used as habitable -space;- shallrnot- have-- complete kitchen facilities, heating or air conditioning; and the non - habitable structure 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 attached, 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 prevailing ,party shall be entitled to full reimbursement of all costs; including reasonable attorneys' fees, from the other party. - OWNERa Dated: Jam , . Kana (Notarize Dated Ann F. Kana (Notarize) CITY OF P Y. Dated: By Wbolbrt J. Manis, irecto of vel pment Services IA State of California /) County of �Jf//1/ 1/ /E¢� MENT On before me, �Hy<<1s Date I Here Insert Name and Title of Me Moor J��l Es N/. /4V4 ,4�b personally appeared ' F �Ay Names) of Signer(S) PHYLLIS'SHINN ,Commission a 1956215 ro Notary Public • California zx San Diego County M Comm. Ex Ire6No6'.9, 2015 r Plaza Notary Seal Abw 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),Ware subscribed to the within instrument and acknowledged to me that k /sN/they executed the same in his/liWheir authorized capacity(ies), and that by INs/hXr/theirsignature(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 foregoingparagraph is true and correct. WITNESS my hand cl offficial seal..%. , Signature Signature of Nolary Publk 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'snother document. Description of Attached Title or Type of Document: Document Date: /11�tt / 12 Z 0/ Signer(s) Other Than Named Above: Capacity(ies)'Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — d Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU67BPRINT OF SIGNER Number of Pages: - Signer's.Name: • Individual • Corporate Officer - Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT _'OFSIGNER- ®2007 National Notary Association • 9350 De Soto Aw., P.O Box 24M -COae worth; CA 91313-2402 -. NatlonelNotaryorg Item #5907 Reordar Cell Toll -Fee 1- 800476 -6827 11