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Covenant Regarding Real Property 2014-0483462RECORDING REQUEST BY: ) 1 CITY OF POWAY ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074 -0789 ) APN: 323 - 442 -25 D O C ## 2014-0483462 III I I 111111111111111111111111111111111111111111111111111111111 III NOV 05, 2014 4:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES. 19.00 pp PAGES: 2 d (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Susan T. Smuller Trust and Donna M. Rocheleau Trust ( "OWNER" hereinafter), are the owners of real property commonly known as 15839 Quiet Valley Lane ( "PROPERTY hereinafter) and more fully described as: Lot 112 of City of Poway Tract No. 83 -02, in the City of Poway, County of San Diego, State of California, according to Map Thereof No. 12090, filed in the Office of the County Recorder of San Diego County, June 3, 1988. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B14 -1054 , a request to construct an attached guest house at 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: ID loll Dated: # I-A2/a Dated: lb 63 OWNER: T J usan T. Smuller, Trustee (Notarize) i Donna M. Rocheleau, Trustee (Notarize) CITY 7PAY: By: obert J. Manis/Difectof of bevefopment Services M:Vlanning\ scoff \covenants\Smuller- Rocheleau Guest House.docx CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of �J;w I �/E40 / /1/ On ZO/ before me, 4yZZ1S Date \ \ Here Insert Name anti TNe of the OfBOer personally appeared PHYLLIS SHINN Commission N 1956215 i �� Notary Public - California i San Diego County M Comm. Expires Nov 9, 2015 r Place Notary Seal ADwe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Dare subscribed to the within instrument and acknowledged to me that *?(@Ahey executed the same in tWA*Mheir authorized capacity(les), and that by f1&Wheir 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 p3d official seal. Signature signature of Notary Ptbic OPTIONAL Though the information below is not required by law, B 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 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: it 11 {Ur1BPRINT OF SIGNER Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 02007Ne el Notary AS ciaflw- 9350De SO AW.,P.O.BM23 - Chatawo ,CA9131 &2302 -w ..NaWnWNotary.org Item35907 Reorder Cell To1kFree18008]6592]