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Covenant Regarding Real Property 2014-0397284RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 380 -31 D O C # 2014-0397284 , 1111111 II IIIII IIIII IIIII IIII IIIII IIIII IIII IIIII IIIII IIII I II IIII SEP 15, 2014 4:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 PAGES: 2 i (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Van Blerck Family Trust 07 -07 -2003 ( "OWNER" hereinafter), is the owner of real property commonly known as 12927 Corte Juana ( "PROPERTY hereinafter) and more fully described as: Lot 104 of Valle Verde Estates Unit No. 3, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 4933, filed in the County Recorder of San Diego County, March 21, 1962. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B15 -0504, 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 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 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 prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. u / OWNER: ZZ Trust 07 -07 -2003 Dated: / zd/ f Tf -� Q J .Van Blerck, Trustee (Notarize) Dated: / akka Z r C. Van Blerck, Trustee (Notarize CITY OF PO /AY: Dated: F& Vert J. Manis, &rector o ev Io ent Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 PATRICIA S. O'SULLIVAN Commission # 2056665 z ;; d < Notary Public • California z •rte San Diego County My Comm. Expires Mar 22, 2016 Place Notary Seal Ab e evidence to be the perso?iW whose name(S) istarg subscribed to the within instrument and acknowledged to me that he shetthey executed the same in hlsNeritheir authorizeq -; acityitesD and that by hi §/hertthtgjr—signatnr�n the instrument the .4X12WMZor th e entity upon behalf of which the rson (ttacted, 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 and official seal. Signature: / tA.1/(tt ) �- 61L" u SoNitu of Notary Pall 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 Dogpment y7 / Title or Type of Docunme : / C 6 t-A tIn 0 rA A Document Date: 9 (D ,,`-d f � Number of Paa s: f Signer(s) Other Than Named Above: Capacity(ies) C aimed by S�n r s) Q l� Signer's Name.. Qm 1�8igner's Nam � ❑ Corpora fiver — Titte(s): ___ ❑ Corporal oer — TtIe(s): I] Individual El Individual A Partner — C7 Limited Ll General 11 4ttorney in Fact ❑ rustee I ] Guardian or Conservator Other: Signer Is Representing: Top of thumb here ❑ Partner — Limited 11 General Top of thumb here ❑ Attorney in Fact stee Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Associalain - NatbnalNotary.org - 1. 800 -US NOTARY (14100 - 6768927) Item !6907