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Covenant Regarding Real Property 2014-0283814RECORDING REQUEST BY: �j CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 490 -06 D O C # 2014-0283814 111111111111111111111111111111111111111111111111111111111111111111111 JUL 08, 2014 4:54 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 Robert F. Dey and Helene Auerbach ( "OWNER" hereinafter), are the owners of real property commonly known as 13583 Orchard Gate Road, Poway, CA ( "PROPERTY hereinafter) and more fully described as: Lot 62 of Green Valley Highlands Unit No. 1, in the County of San Diego, State of California, according to map thereof No. 6228, filed in the Office of the County Recorder of San Diego County, November 20, 1968. Pursuant to Poway Municipal Code Section 17.08.180(B)6, and in consideration of the approval of Building Permit B14 -0675, a request to construct an attached habitable structure on the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached guest house 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 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. Dated: v .3 Dated: 6 7 Dated: % Z /� Helene Auerbach (Notarize) CITY OF POWAY: By: AQ F.C� I..V Za;T. VV\W t Robert J. is, Director of Development Services MA State of California /')l 1 County of �f/N !dl J} OnJLiAIC 3oi before me, 4yL Xwrw I,mwrl ntl i Ma a1 Me driver personally appeared PHYLLIS SHINN Commission • 1956215 y Notary Public - California San Diego County My Comm. Ex Tres Nov 9, 2015 r Place Ndary Seel Alime F. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )!§fare subscribed to the within instrument and acknowledged to me that bb /s*Ahey executed the same in "r/their authorized capacity(ies), and that by fyt lft/their 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 han nd official seal. Signature Signanre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: 1. n &-,i✓�.yT Kt �jr4r2 "l,,yj .C�EAZ sU /c Document Date: Gf d/E "Va Z o Number of Pages: Signer(s) Other Than Named Above: C PL F Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT 711 UMBPRINT OF SIGNER 02007 National Notary Awocia11om9350 De Son Ave.,Po Box 2402•Chatsivgrih,CA 91313-2402 -w NatiomlNotary.org Ilemk5907 ReorCer Call Tdl -Free 1 d0M7"I27