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Covenant Regarding Real Property 2012-0670474COVENANT REGARDING REAL PROPERTY Stephen W. Spooner and Valerie R. Spooner, Husband and Wife as Joint Tenants, are the owners of real property ( "OWNERS" hereinafter) commonly known as 15085 Eastvale Road ( "PROPERTY hereinafter), and more fully described as: The Westerly 270.00 feet (measured along the Southerly line) of the Southerly 424.00 feet of that portion of the South half of the Southeast quarter of Section 32, Township 13 South, Range 1 West, San Bernardino base and meridian, in the County of San Diego, State of California, according to the official plat thereof. In consideration of the approval of a Building Permit to build a detached accessory structure, including a 704 - square -foot garage and a 704- square -foot guest house, at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNERS hereby agree that the detached accessory structure, or any portion thereof, shall never be rented or leased as a separate unit. Furthermore, the OWNERS hereby agree that no part of the 704 - square -foot garage area shall ever be converted to living space. 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 detached accessory structure at the request of the OWNERS, 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 cost, including reasonable attorneys' fees, from the other party. 0 I Dated: )D sr rz Stephen W. Dated: —10 1 Z i (1 Z �it� IL Dated: Z Valerie R. Spooner CITY OF PWVAY: 0 J. Mains ' / of Development D O C # 201 2 - 0670474 RECORDING REQUEST BY: ) 1111111111111 IIIII 111111111111111 IIE 1111111111111111111 IN CITY OF POWAY ) OCT 30, 2012 12:50 PM WHEN RECORDED MAIL TO: li r OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ✓� Ernest J. Dronenburg, Jr COUNTY RECORDER CITY CLERK Ct i FEES: 19.00 CITY OF POWAY ) PAGES: 2 X POWAY CA 92074 -0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII�IIIIIIIIIIII (This space for Recorder's Use) APN: 278- 301 -10 COVENANT REGARDING REAL PROPERTY Stephen W. Spooner and Valerie R. Spooner, Husband and Wife as Joint Tenants, are the owners of real property ( "OWNERS" hereinafter) commonly known as 15085 Eastvale Road ( "PROPERTY hereinafter), and more fully described as: The Westerly 270.00 feet (measured along the Southerly line) of the Southerly 424.00 feet of that portion of the South half of the Southeast quarter of Section 32, Township 13 South, Range 1 West, San Bernardino base and meridian, in the County of San Diego, State of California, according to the official plat thereof. In consideration of the approval of a Building Permit to build a detached accessory structure, including a 704 - square -foot garage and a 704- square -foot guest house, at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNERS hereby agree that the detached accessory structure, or any portion thereof, shall never be rented or leased as a separate unit. Furthermore, the OWNERS hereby agree that no part of the 704 - square -foot garage area shall ever be converted to living space. 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 detached accessory structure at the request of the OWNERS, 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 cost, including reasonable attorneys' fees, from the other party. 0 I Dated: )D sr rz Stephen W. Dated: —10 1 Z i (1 Z �it� IL Dated: Z Valerie R. Spooner CITY OF PWVAY: 0 J. Mains ' / of Development CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T..@. . A i?'.13. 0 %? State of California ,l 1 County of ly. ✓J /E?iP Ji On �T�f�iiZ" 2�zi /`Z- before me, ?"/f { `L l �f 1f //V/./ jJ�T99 Date - i�t Here Insert Nam e aria in of the Officer ' personally appeared -J /t / / Names) of Signers) PrPubk Cemmftticn ae /950215 Nobly Vublil: - Catlibrnit Sam Diego Conmy COMM. Expires Nov 9.2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) j)(/are subscribed to the within instrument and acknowledged to me that 06A a /they executed the same in (t4s/Ffl4dtheir authorized capacity(ies), and that by hib/lif3r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 acid official seal. Signaturee� -, 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 Document: 1 7 Document Date: '� i �.wr'"� a L'- �tr 2.- Number of Pages: Signer(s) Other Than Named Above: IC!. c.0 Capacity(ies) Claimed by Signer(s) Signer's Name: E Individual I._ Corporate Officer— Title(s): — E Partner — J Limited ❑ General J Attorney in Fact E Trustee I-- Guardian or Conservator Other: Signer Is Representing: RIGHTTHUM'PRINT OF SIGNER 0 Signer's Name L I Individual E Corporate Officer — Title(s): C Partner — J Limited E' General C Attorney in Fact J Trustee E Guardian or Conservator E Other: Signer Is Representing: RIGHTTHUMRPRINT OF SIGNER ®2007 National Notary Assoaation• 9350 De Soto A,, PC Box 2402 • Chatsxorth, CA 91313- 2402•n NationalNctaryorg Item #5907 Reorder: Call T011-Free 1- 800 -8]6 -682]