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Covenant Regarding Real Property 2014-0548644RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: D O C # 2014-0548644 111111111111111111111111111111111111111111111111111111111111111111111111 DEC 12, 2014 10:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 21.00 PAGES: 3 CITY CLERK CITY OF AY O BOX 789 P ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII POWAY CA 92074 -0789 ) 2 n (I his space for Recorder's Use) APN: 275 - 331 -15 COVENANT REGARDING REAL PROPERTY Monty's Maintenance, Inc., a California Corporation ( "OWNER" hereinafter), is the owner of real property commonly known as 16772 Martincoit 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 approval by the City of Poway ( "CITY" hereinafter) of Building Permit B14 -1092, a request to construct an attached guest house at the above - referenced property, OWNER hereby agrees that no portion of the attached, single -story addition shall ever 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: /Z j �/7 7.i'& .0% Dated: Z OWNER: Monty's ' (Notarize) Its: MidA&j � -0.1C^ Ones: CITY O7,z Y: 1 By: R b rt J. Manis, treclor qf De loqfment Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I �A/1/ �/ /E40 On,�%iE%fY�7 ZQ /� before me, Date personally appeared PHYLLIS SHINN Commission 1 1956215 Notary Public - California z Z v ' San Diego County MY Comm. Ea ires Nov 9, 2015 r 2 Z/s lkA:t.d L tG who proved to me on the basis of satisfactory evidence to be the personX whose named is/** subscribed to the within instrument and acknowledged to me that he /Opk/tdQy executed the same in his/1W/ttIniir authorized capacity(i8S), and that by his/FA4r/t*r signature(jo 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 my han and official se Signature , Place Notary SOW Above Slgr a re d 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: If- Document Date: //B L "CM,5e -C '7 - ,Z� LVI Y / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here Top of thumb here E] Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ® 2007 National Notary Aesociefon • 9350 De Soto Ave., P.O. aox 2402 • Chatewrlh, CA 91313-2402 • w NaWm[Ndaryorg Item X590] Reorder Call Tdl -Rae 1- 800576682] EXHIBIT A ALL OF LOT 146 TOGETHER WITH THAT PORTION OF LOT 148 OF GREEN VALLEY ESTATES UNIT NO. 11, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4586, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1960, LYING SOUTHERLY AND WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 146