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Covenant Regarding Real Property 2015-0358306COVENANT REGARDING REAL PROPERTY Keith J. Wilson and Linda A. Wilson, Trustees of the Wilson Family Trust UTD 07/05/2012, ( "OWNER" hereinafter), are the owners of real property commonly known as 16871 St. James Drive ( "PROPERTY hereinafter) and more fully described as: Lot 9 of City of Poway Tract Map 87 -05, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 12429 filed in the Office of the County Recorder of San Diego County, July 28, 1989. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B15 -0313, a request to construct an attached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached guest house 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 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. TRUST ES: / Dated: Z K6 J. Wilson (Notarize) Dated: � �/ -3._._ !�l Linda A. Wilson (Notari e) CITY OF P WAY: Dated: By: -1��e'rt7.-G'nd, EfIrWto r of D velopment Services DOC# 2015 - 0358306 Illllllllllllllllllllllllilllllllllllllllllllllllllllllliiilllllllllll Jul 08, 2015 04:36 PM RECORDING REQUEST BY: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CITY OF POWAY ) SAN DIEGO COUNTY RECORDER FEES. $18.00 WHEN RECORDED MAIL TO: ) ) PAGES: 2 CITY CLERK ) CITY OF POWAY ) P O BOX 789 POWAY CA 92074 -0789 ) 1 (This space for Recorder's Use) APN: 273 - 820 -35 COVENANT REGARDING REAL PROPERTY Keith J. Wilson and Linda A. Wilson, Trustees of the Wilson Family Trust UTD 07/05/2012, ( "OWNER" hereinafter), are the owners of real property commonly known as 16871 St. James Drive ( "PROPERTY hereinafter) and more fully described as: Lot 9 of City of Poway Tract Map 87 -05, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 12429 filed in the Office of the County Recorder of San Diego County, July 28, 1989. Pursuant to Poway Municipal Code Section 17.08.180(B)6 and in consideration of the approval of Building Permit B15 -0313, a request to construct an attached guest house at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the attached guest house 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 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. TRUST ES: / Dated: Z K6 J. Wilson (Notarize) Dated: � �/ -3._._ !�l Linda A. Wilson (Notari e) CITY OF P WAY: Dated: By: -1��e'rt7.-G'nd, EfIrWto r of D velopment Services 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 of �Uj, - �=JI19 tI) On 4 A 1�3 before Date personally appeared Here Insert Name acrd Title of the Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pars whose name(s) isY <e subsc jbecLo the within instrument and acknowledg to me that he/sh hey executed the same in his/he Lear. uthorized capacity(ies), and that by histhe then ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, =exec the instrument. JEAN R. JOtNI{ON commis 20097Q a,.� Notary Public • Calltorma z '' "t . ` San Oiego County z \" My Comm. Expires Mar 31. 2017 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 an al al. Si re Signal re 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 Document Title or Type of Document: a il e Q i, dltU@IDocy�nent Date: Number of Pages: Signer(s) Other Th n Named Ab ve: m bkJ -F r Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited F1 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey 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