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Covenant Regarding Real Property 2013-041888111 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P'0 BOX 789 POWAY CA 92074-0789 Doc 2013-0418881 11111111111111111111111110111111111111111111111111 11 11 JUL 03, 2013 9:13 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES 3 111111011101110111011101110111011101110111011111100111011101111101111 (This space for Recorder's Use) APN: 314-020-22 COVENANT REGARDING REAL PROPERTY The Bartlett Family Trust ("OWNER" hereinafter) is the owner of real property commonly known as 15209 Hilltop Circle ("PROPERTY hereinafter) and more fully described in Exhibit A. In consideration of the approval of a Building Permit to construct a detached, habitable accessory structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the habitable accessory structure shall never have kitchen facilities installed and that the accessory structure 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 habitable accessory 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. Dated: Dated: A63 OWNER: gThe Bartlett Family Trust Sop ie A. Bartlett, Trustor (Notorize) CITY OF POWAY: By: beetJ M&nis Director of Developmen ervices CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 11 County of JAW J/f c g On \Lie N, Ski .before me, 41/ yzG/S ✓r/,w,v '"0�t744L IC_ Dale /% Here Insert Name add Title of the Officer personally appeared SA/9M( .J A M.-71 r TT Name(s) of Slgner(s) PHYLLIS SHINN` , Commission A 1956215 Notary Public • California San Diego County Comm. Expires Nov 9, 2015 Place Notary Seal Above who proved to me on -the basis of satisfactory evidence to be the person whose nameM is/ats,subscribed to the within instrument and acknowledged to me that bkIshe/tt y executed the sane in ir4/her/thl+Cauthorized capacity(i), and that by Ds/tter/tbJir signature( on the instrument the person(), or the entity upon behalf of which the person(s) acted, executedtheinstrument. I certify under PENALTY OF PERJURY under the laws of the State of. California that the foregoing paragraph is true and correct. WITNESS my hon nd official seal./ r, Signature OPTIONAL Signature of Notary Pudic Though the information below is not required by Jaw, 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: 62014-4,196 ,?53 ei/J �4 i%L r°r;� Document Date: Ju4', /7/ zoo/ / Number of Pages: Z Signer(s) Other Than Named Above: -O/&B • /1/79 / T"9 //7S Capacity(ies) Claimed'by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner.— ❑ Limited_ ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHT-THUMBPRINT- OF IGH -THUMBPRINTOF SIGNER Top'of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): 0 Partner — 0 Limited 0 General ❑ Attorney in Fact D Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: R_IGHTTHUMBPRINT. OF SIGNER Top of Thumb here 02007 Natbnal Notary Association• 9350 De Soto AVE., PC. Box 2402 • Chatsworth, CA 91313-2402• w. vv.NationalNotary.org Item 45907 Aeorder:Call Toil -Free 1-800-876-6827 EXHIBIT A Parcel 1: Parcel 19 of Record of .Survey Map No. 4134, filed in the office of the County Recorder of San Diego County, January 7, 1957 as File No. 3105, being a portion of Lot 4 .in Block "A" of Poway, in the County of San Diego, State of California, according to Map Thereof No. 536, filed in the office of the County Recorder of said San Diego County, May 7, 1888. Parcel 2: An easement for road and public utility purposes over all. of those certain strips of land lying within the boundary of Record of Survey Map No. 4134, filed in the office of the County Recorder of said San Diego County, January 7, 1957 as File .No. 3105, being portions of Lots 2 to 5 inclusive in Block "A" of Poway, in the County of San Diego, State of California, according to Map thereof No. 536, filed in the office of the County Recorder of said San Diego County, May 7, 1888 and shown and designated on said Record of Survey 4134 as "60 -Foot Easement Reserved for Road." EXCEPTING FROM said strips of land those portions thereof lying Southerly of the Southerly line of Lot 4 in Block "A" of Poway as shown on said Record of Survey'Map No. 4134. ALSO EXCEPTING FROM Parcel 2, that portion lying within said Parcel 1 above described.