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Covenant Regarding Real Property 2015-0265314RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 323- 262 -39 DOC# 2015 - 0265314 11111111111IIIII1IIII IIII 111111 IIIII IIIII IIIII IIIII VIII VIII IIII IIn May 26, 2015 02:09 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr SAN DIEGO COUNTY RECORDER FEES. $18.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES 2 WestBay Housing Corporation, a California Nonprofit Public Benefit Corporation, ( "OWNER" hereinafter) is the owner of real property commonly known as 13904 Chancellor Way ( "PROPERTY hereinafter) and more fully described as: Parcel 1 of Parcel Map No. 18776, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 20, 2001, as Instrument No. 01- 592159 of Official Records. Pursuant to Poway Municipal Code Section 17.08.180(B)6, and in consideration of the approval of Building Permit B14 -0401, a request to construct an attached habitable structure at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached habitable structure 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 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. OWNER, WestBay Housing Corporation Dated: f 2 (Notarize) Will' Picket Its: un, lei n Gr Executive Director / CITY OF P WAY: Dated: 1(/ By: ert J. Ma s, br6ct of Development Services CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of j On /a ad ! before me, ti V � Tlot Det ^ Hare Insert Nam and Title of the Orfk personally appeared ALTS 1 Y COMER ftl f br / 19010722 �...iRISo r1YC.- t1l t w.....R Iln r, zm# who proved to me on the basis of satisfactory evidence to be the person(fi) whose name(s) Were subscribed to the within instrument and acknowledged to me that heA*mtfty executed the same in his /Hefteir authorized capacity(Ies), and that by his/he;U'4ek signatureN 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 hand and official seal. Signature: r�°�U Place Notary Seal Above Signature of Notary Public OPTIONAL the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ToI Attached Document Title or Type of I Document Date: Signers) Other Than Named Abov . Capacity(ies) Claimed by Slgner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partni Limited ❑ General Top of thumb her ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer I presenting: Signer's Number of Officer — Title(s): • Partner — Imlted ❑ General • Attorney in Fad • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: here 0 2009 National Notary Association - NationalNotarvorg - 1- 800-US NOTARY (1- 800 - 876 -6827) Item #5907