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Covenant Regarding Real Property 2014-0478692RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 278- 240 -01 /MDRA13 -034 D O C # 2014-0478692 111111111111111111111111111111111111 1111111111111111111 111111 3P 1111111 1Con NOV 03, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES: 3 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY WTW Properties Inc. ( "OWNER" hereinafter), is the owner of real property commonly known as 15223 Skyridge Road ( "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(B)6 and in consideration of the approval of Building Permit B14 -0649, a request to construct a residence having a habitable lower level at the above - referenced property, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the habitable lower level area 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 habitable structure, attached guest house, detached 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: I a J O Dated: l5 OWNER: WTW Properties Inc. CITY OF POWAY: By: 1"I'4,Kv 'IL Ro ert J. Mani g, Director o e lopment Services I- Exhibit A LEGAL DESCRIPTION Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE ALONG THE WESTERLY LINE THEREOF; SOUTH 02005101" WEST (RECORD -SOUTH 02°04'51" WEST), 357.00 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED UNDER PARCEL I, IN DEED TO GILVERT C. MILER ET US, RECORDED FEBRUARY 4, 1957 IN BOOK 6442 PAGE 502 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1, OF MILLER'S LAND, SOUTH 31 °34'33" EAST, 173.94 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 75 °1449° EAST, 113.37 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WESTERLY 205.00 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 205.00 FEET; NORTH 0200501" EAST, 47537 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, THENCE ALONG SIDE NORTHIERLY LINE NORTH EFY4YS7 WEST, 205.00 FEET TO THE POINT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of County of On U'A..p.U, ;13 jo / personally appeared me, PATRICIA S. O'SULLIVAN Commission # 2058865 -s Notary Public - California s Z - San Diego County My Comm. Expires Mar 22, 2018+ Name and Title of the Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persofi(s�L whose name(p) Is subscribed to the within instrument and acknowledged to me that he /s4/they executed the same in his/her/their authorized capacity(ieg), and that by his/he0itheir signatur�(� on the instrument the person(, 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-rrw �chta�nd "an_d official seal Place Notary Seal Above Signature -.Tmu: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Document: l.0 Number of Pages: t + er(s) Other han Capacity(ies) Cie Signer's Name: I =�� ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ,/Individual -1 Attorney in Fact 7N Trustee Fl Guardian or Conservator ❑ Other: Signer Is Representing: Date: —L Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — -1 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: o 2013 National Notary . www.NationaiNotary.org :rr . :00 •a