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Covenant Regarding Real Property 2015-0210451RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 275 - 292- 09 /MDRA 14 -022 DOC# 2015- 0210451 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII Apr 29, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $18.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Higgins Family Trust Dated October 4, 2006 ( "OWNER" hereinafter), is the owner of real property commonly known as 13631 Rostrata Road ( "PROPERTY hereinafter) and more fully described as: That portion of Section 25 & 36, Township 13 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, According to United States Government Survey thereof as shown as Parcel No. 45 on Record of Survey Map No. 3897, filed in the Office of the County Recorder of San Diego County on April 10, 1956. 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 -1466, a request to construct an attached, single -story addition 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, single -story addition 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. A Dated: Dated: , t ao l Dated: I Z -tk§`ir)sj T ustee (Notar E. H (Notarize) CITi OF P AY: f By: /f ZD ob rt J. Manis, it for f Nerpment Services /I;-- b"9 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County cif J31rf/ lz—.40 ) n On hklL Z_ _d, Zolsr before me, �iyi/L/ /l Date / Here Insert Name and Title of the Officer personally appeared 1( J. t. qs) of Signer(s) �hS 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 13b /shs/they executed the same in I)fsR3Kr/their authorized capacity(es), and that by Mai" arftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PHYLLIS SHINN Commission # 1956275 Z +P,4_ Notary Public - California z San Diego County M Comm. Expires Nov 9, 2015 Place Notary Seal Above 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 and official seal. Signature a_?� Signature of Notary Public OPTKWAL Though this section is optional, completing this information can deter aftemation of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc en Title or Type of Document: noyiwlf Doc ent Date: R�L���✓ Number of Pages: I Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(e) Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907