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Covenant Regarding Real Property 2014-0447408APN: 323 - 180 -59 COVENANT REGARDING REAL PROPERTY The Anthony J. Tait and Deborah R. Tait Living Trust dated March 12, 2013 ( "OWNER" hereinafter), is the owner of real property commonly known as 14051 Earie Lane ( "PROPERTY hereinafter) and more fully 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 -1422, 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: /0 • Dated: /D — Z;/— 14 �7 Anth ny J. Tait, Tlrustee (Notarize) lie— _� Deborah R. Tait, Trustee (Notarize) CITY OF P AY: Dated: d / By: Ro ert J. Manis, Dkecr&_oAievtP11ent Services M:\planning\scott\covenants \Tait Non - Habitable Accessory Structure.docx ly-077 a O C # 2014-0477408 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII RECORDING REQUEST BY: ) IIIII IIIII IIII IIII NOV 03, 2014 3:57 PM CITY OF POWAY ) OCOUNTY SAN DIEGO RECORDER'S OFFICE WHEN RECORDED MAIL TO: ) µ1 Ernest J. Dronenburg,Jr.. COUNTY RECORDER FEES: 22.00 CITY CLERK ) PAGES: 3 CITY OF POWAY ) O BOX III11111 Hill Hill Hill IIIIIIIIIIHill illHill Hill Hill IIII Hill Hill Hill 1111111111 POWAY A 92074 -0789) (This space for Recorder's Use) APN: 323 - 180 -59 COVENANT REGARDING REAL PROPERTY The Anthony J. Tait and Deborah R. Tait Living Trust dated March 12, 2013 ( "OWNER" hereinafter), is the owner of real property commonly known as 14051 Earie Lane ( "PROPERTY hereinafter) and more fully 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 -1422, 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: /0 • Dated: /D — Z;/— 14 �7 Anth ny J. Tait, Tlrustee (Notarize) lie— _� Deborah R. Tait, Trustee (Notarize) CITY OF P AY: Dated: d / By: Ro ert J. Manis, Dkecr&_oAievtP11ent Services M:\planning\scott\covenants \Tait Non - Habitable Accessory Structure.docx ly-077 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE EASTERLY 247.5 FEET " EXCEPTBNG THE SOUTHERLY 132 FEET THEREOF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE NORTH 36 OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 18. PARCEL 2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT TO OTHERS OVER, UNDER, ALONG AND ACROSS THE EASTERLY 20 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 3: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT TO OTHERS OVER, UNDER, ALONG AND ACROSS THE EASTERLY 20 FEET OF THE SOUTHERLY 132 FEET OF THE EASTERLY 247.5 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876. APN: 323 - 180 -59-00 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California /� l County of cJ'�p On Ld ZIPIV before me, 4yz z/f � Hate - _ Here Ireert ame arM Title of the olacar personally appeared V, ., PHYLLIS SHINN Commission N 1956215 Z= Notary Public - California i = San Diego County n M Comm. Expires Nov 9, 2015 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that t)A #eAhey executed the same in Phi A*Aheir authorized capacity(ies), and that by tyNQ*Aheir 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 and official se Signature � Place Notary Seal Abme 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 2 k%AI %S Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUM IRINT OF SIGNER 02007Nabmal Notary ASSO bm•9350De Solo Ara.. PO. Bm2#02•Chalavath,CA91 31 3 -240 2,w ..Nadb Notwy.org Item #5907 ReonJer CellTdl- Free1E00 -876 -6827