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Covenant Regarding Real Property 2014-0409385APN: 314 - 194 -18 COVENANT REGARDING REAL PROPERTY Joseph Stephen Gormican and Alicia Marie - Shelley Gormican ( "OWNER" hereinafter), are the owners of real property commonly known as 14489 Victoria Estates Lane ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B14 -1187, 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. Dated: : I 1 Dated: 9/1-4 /19 Dated: 1d OWNER: seph StepSe —n Gormican (Notarize) Alicia Marie - Shelley Gormican (Notarize) CITY OF POWAY: By: o ert J. Manis, irecto of De el ment Sery ices D O C ## 201 4 - 3433385 � I VIII I III II I I IIII II I I VIII III I VIII I II RECORDING REQUEST BY: 1 ISEP 22, 2014 3:21 PM CITY OF POWAY ) ICI OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES 25.00 PAGES: 4 CITY CLERK ) CITY OF AY P O BOX 789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII POWAY CA 92074 -0789 ) (This space for Recorder's Use) APN: 314 - 194 -18 COVENANT REGARDING REAL PROPERTY Joseph Stephen Gormican and Alicia Marie - Shelley Gormican ( "OWNER" hereinafter), are the owners of real property commonly known as 14489 Victoria Estates Lane ( "PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B14 -1187, 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. Dated: : I 1 Dated: 9/1-4 /19 Dated: 1d OWNER: seph StepSe —n Gormican (Notarize) Alicia Marie - Shelley Gormican (Notarize) CITY OF POWAY: By: o ert J. Manis, irecto of De el ment Sery ices n._n ';A; � Or _n.:n.,» State of California County of �JfJ/1/ L /Eve -1 // L 1 /�/� 1/ / OR JF ElNd021 Z. z0before me, /7 -f 174'' Date I�_ Here Insert Nan personally appeared .1 LIZ /A #Mexc- EL-Ley who proved to me on the basis of satisfactory evidence to be the person ) whose name©Q is/* subscribed to the within instrument and acknowledged to me that -Ofa/she/t�iy executed the same in tySRter/thXf authorized capacity(i*, and that by r*Wher/MjP(r signature(, on the instrument the person0 or the entity upon behalf of which the person(jo acted, executed the instrument. PHYLLIS SHINN Commission * 1956215 I certify under PENALTY OF PERJURY under the laws -: Notary PuElic - California i Son Diego County > of the State of California that the foregoing paragraph is My Comm. Expires Nov 9, 2015 ! true and correct. WITNESS my handt1d official seal. Signature Place Notary Seal Above Signal of Notary Public 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 D /f9i'cument Title or Type of Document: 1. i:;0V'iyVr2bX Document Date: Ei�Tt i:18 �iQ 7f�Y / Number of Pages: 2 Signer(s) Other Than Named Above: B E i�T V/✓�S Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUPoIUMINT OF' SIGNER Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 Nadoral Notary Association- 9W De Sow A".. P.O.aox 2402•CheteworM, CA 91313- 2402 -w NatlonalNotaryorg hem#5901 Reorder Call TolkFeel- 800 - 876682] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California /')l County of �Ji�/1/ 1J/E4o _ n personally appeared PHYLLIS SHINN Commission * 7956215 i Notary Public • California z Z San Diego County ' M Comm. Expires Nov 9, 2015 r Place Notary Seal A who proved to me on the basis of satisfactory evidence to be the person(h,whose name( is/a�k subscribed to the within instrument and acknowledged to me that he /sWt*y executed the same in his/Ftaf/tW authorized capacity(i*, and that by his/IW/tti* signature(o on the instrument the person(�I), 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. WITNESS my hand nd official seal. Signature SigrwWre & 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 L l,V V' 1" J Document Date: ,_072 rLlVP Signer(s) Other Than Named Above: A 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: Z d l y Number of Pages: RIGHT THUMBPRINT OF SIGNER 0/0,tl (C/-J Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINI OF SIGNER LE 02W7Nafl"Notary Assodatm- MWDe SMAw .,P.0.Bm2402- awW,orM,CA91318290 -• ..Nabs Nataryorg n A5907 RwnIer.Ce11Td4Free1.a0D4766a2] EXHIBIT "A" All that certain real property situated In the County of San Diego, State of Califomia, described as follows: Parcel 1: That portion of the West Half of the West Half of the Northwest Quarter of the Northeast Quarter of Section 12, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereon, described as follows: Beginning at the Southeasterly comer of the North 4 acres of said West Half of the West Half of the Northwest Quarter of the Northeast Quarter; thence along the South line of said North 4 acres, North 89 019'50" West 165.00 feet; thence South 0 026' East, 90 feet to the true point of beginning; thence continuing South 0 °26' East to a point distant 80 feet Northwesterly, measured along the prolongation of the radial line of that certain 1851.00 foot radius curve concave Southeasterly in the Northwesterly line of the 102.00 foot strip of land described In Parcel 68034 -A in Deed to County of San Diego, recorded May 17, 1968 as Instrument No. 82694 of Official Records; thence along the prolongation of said radial line Southeasterly 80.00 feet to said 1851.00 foot radius curve; thence Northeasterly along the arc of said 1851.00 foot radius curve to the East line of said West Half of the West Half of the Northwest Quarter of the Northeast Quarter; thence North 0 026' West along said East line to a line which bears South 89 034' East from the true point of beginning; thence North 89 °34' West, 165.00 feet to the true point of beginning. Parcel 2: An easement and right of way for road, sewer, water, gas, power and telephone lines and appurtenances thereto over, under, along and across a strip of land 52.00 feet In width in the West Half of the West Half of the Northwest Quarter of the Northeast Quarter of Section 12, Township 14 South, Range 2 West, San Bernardino Meridian, In the County of San Diego, State of California, according to Official Plat thereof, the center line of said 52.00 foot strip being described as follows: Beginning at the Southeasterly comer of the North 4 acres of said West Half of the West Half of the Northwest Quarter of the Northeast Quarter; thence along the South line of said North 4 acres 89 °19'50 -- West, 165.00 feet to the true point of beginning of said center line; thence South 0 026' East to a point distant 80.00 feet Northwesterly, measured along the prolongation of the radial line of that certain 1851.00 foot radius curve concave Southeasterly in the Northwesterly line of the 102.00 foot strip of land described In Parcel 68034 -A In Deed to the County of San Diego, recorded May 17, 1968 as Instrument No. 82694 of Official Records; thence along the prolongation of said radial line Southeasterly 80.00 feet to said 1851.00 root radius curve; EXCEPTIONG THEREFROM that portion lying within Parcel 1 above. The sidelines of said 52.00 foot strip to terminate on the North In said South line of the North 4 acres, and on the Southeast In said Northwesterly line of said Parcel 68034 -A. The easement herein described is hereby declared to be appurtenant to and for the use and benefit of the present and future owners of all or any portion of Parcel 1 above: Assessor Parcel No. 314 - 194 -18 -00