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Covenant REgarding Real Property 2014-0264785RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 16- 321 -01 D Q C # 2014-0264785 II I I III I IIII I I III II I I I I III IIIII IIII I I IIII IIII JUN 25, 2014 2:31 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 COVENANT REGARDING REAL PROPERTY Michael J. Murphy and Kelly J. Murphy, husband and wife as joint tenants ( "OWNER" hereinafter), are the owners of real property commonly known as 12240 Sage View Road ( "PROPERTY hereinafter) and more fully described as: Lot 24 of City of Poway Tract Map 88 -03, in the City of Poway, County of San Diego, State of California, according to map thereof No. 12683, filed in the Office of the County Recorder of San Diego, County, August 14, 1990. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B14 -0600, a request to construct an attached habitable structure at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached habitable structure shall never have complete kitchen facilities installed and 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 attached habitable 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. Dated: Dated: I Dated: 00 M: \planning\scott \covenants \Murphy Guest House.docx [930 NO s Signer Is Representing: Signer Is Representing: 92007NaGOnel Notary Aesq#eUOn•9300 De SOW AM.RO.Bm 2402•Cirebxarlt,, CA 913132#02•www.NaronalNdary.OM Item #5907 ReO r:C ITdFFree 1-80# 76 7 State of California County of �JAy L /E4� On .11,�A/E ! Z� / before me, �yy < <�s J!a //�if� �C- D.af Here Insert Nan* and TIBe of the OffWer personally appeared PHYLLIS SHINN Cammtaalon N 1956215 Notary Public - California San Diego County ' M Comm. Ex ifes Nov 9, 2015 r / ✓L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) OVare subscribed to the within instrument and acknowledged to me that WsWhey executed the same in 1164A/their authorized capacity(ies), and that by *1*dheir 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 my hand d official seal. Signature Place Notary Seal Above Signature of Notary Pudic 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: C /.•+ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUh1BPRiNT OF SIGNER Signer's Nat C Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact C Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: NGtn IIIUMRPRINT of s'lcnFR 02007 National Notary Aaf oation- 9350 Do SOW Am., PO.eox 2902 -Chat M. CA 91313-2902,w Nabonall Wmfyorg Item95907 Reorder. Call TG4r-ree 1- 800-876-W27