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Covenant Regarding Real Property 2010-0516694t D O C # 2010-0516694 . 'RECORDING REQUEST BY: ; `i\ y IIII III I III I �I II I I II III I I I 1 11111 1 1 1 II CITY OF POWAY ; SEP 28, 2010 3:35 PM WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE CITY CLERK ) DAVID L. BUTLER, COUNTY RECORDER CITY OF POWAY ) FEES: 1900 P O BOX 789 ) PAGE IIII S: 2 POWAY CA 92074 j IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIII 17351 APN: 275- 570 -12 COVENANT REGARDING REAL PROPERTY Brunton Bruce K. Revocable Trust 09 -05 -08 ( "OWNER" hereinafter), is the owner of real property commonly known as 13077 Camino del Valle ( "PROPERTY hereinafter), and more fully described as: Parcel 1: Lot 32 of Silver Saddle, in the City of Poway, County of San Diego, State of California according to Map thereof No. 7478 filed in the Office of the County Recorder of San Diego County, November 2, 1972. Parcel 2: Easement for equestrian trails and incidental purposes thereto over those portions of said Silver Saddle Rancho, Map No. 7478 as more particularly described' in that certain deed recorded March 1, 1973 as File No. 73- 054567 of Official Records of San Diego County, California. Excepting therefrom the Westerly 9 feet of the Easterly 25 feet of Lot 176 of Silver Saddle Ranch, according to Map No. 7478. In consideration of the approval of a Building Permit to construct a detached, two -story structure consisting of a 742- square -foot guest house and a 724- square -foot garage on the referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest house shall never be rented or leased as a separate unit, and no complete kitchen facilities shall be installed; and the garage shall not be converted to habitable space without approval of the appropriate permits. This Covenant shall run with the land and be binding upon and inure to the benefit of the 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 guest house at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party incurs costs as Covenant, the prevailing party shall be attorneys' fees, from the other party. Dated: l lei Dated: Iv ld H \Covenants\Brunton g h & gar.dou i result of filing a civil action to enforce the provisions of this entitled to full reimbursement of all costs, including reasonable OW E Brunton evoc rust 09 -05 -08 Bruce K. Brunt n, rustee CITY OF P AY: By: ert J. Mani , Dire or o evelopment Services ! C - 160 s� 17352 CALIF ORNIA • ACKNOWLED : Y.L iiitC M! C' f;'. iffif�yS� cifL:>. N@ f:.' nS��L. ii!: if:) Ctiui�ff) f: Kf,. 3tf.» Y:> S;: �aY'+ fu7u '.>S:�iS�.• >f:�if�:>JViS£ :ji. State of California County of San Diego Ort� %E/?1 7?ZZ / before me, Phyllis Shinn, Notary Public Date � � I I Here Insert Name and Title of the officer � personally appeared /)2 U c V PHYLLIS SHINN C ommiaaion # - 17 - 78 - 8 .'e Notary Public - California San Diego County Comm Nov9 4011 who proved to me on the basis of satisfactory evidence to be the person( whose name(}() is / subscribed to the within instrument and acknowledged to me that he /s)�/IrAy_executed the same in his /hX /t*r authorized capacity(ik, and that by hiJWr /t%r signature(( on the instrument the person(,, or the entity upon behalf of which the persl 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 d official seal. Flare Notary Seat Above Signature Signature of Notary Public 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 Document Title or Type of DOCliment: Document Date: / �(��� Nurnber of Pages: Signer(s) Other Than Named Above Copacity(ies) Claimed by Signer(s) Signer's Name: U Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney In Fact ❑ Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT ,,5 - OF.SIGNERUW i Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — F1 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHnTHU RU INT iii }OF.SIGNEF.7}+'