Covenant Regarding Real Property 2017-0611677RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
DOC# 2017-0611677
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Doc 28, 2017 01:18 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $21.00
PAGES: 3
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 321-270-74
Minor Development Review Application 17-019
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Whereas Michael Neil Davis and Pamela Ann Davis, Co -Trustees of the 1996 Davis Family
Trust, May 13, 1996 PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property
commonly known as Assessor Parcel Number 321-270-74 ("PROPERTY hereinafter) and more fully
described as:
Lot 4 of City of Poway Tract 01-03, in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 14940, filed in the office of the County Recorder
of San Diego County, December 29, 2004.
Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval
of Building Permit B 17-1699 which is a request to construct a residence and a non -habitable storage
room addition at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees that City approval shall be obtained from the Development Services Department,
Planning Division prior to the removal of habitat beyond the building pad, fire management zones,
access driveway and areas reserved for primary leach field as shown on the approved Minor
Development Review Application 17-019 project plans approved September 9, 2017, on file in the
Development Services Department, Planning Division. Mitigation for any additional removed habitat
shall be completed by the property owner to the satisfaction of the Director of Development Services.
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 residence and
non -habitable storage room addition 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: 12-Z£,'—!7
Dated: (Z Zf3 ' �
Dated: /Zt� [/7
CITY OF PO UAY:
By: xj - J/z j
Robert J. yanis, Directdr of beelo V
Services
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 San Diego }
On December 28, 2017 before me, Jasmine L. Pernicano, Notar Public
ere lnsetl name an Lleot eo ce�
personally appeared Michael Neil Davis and Pamela Ann Davis
who proved to me on the basis of satisfactory evidence to be the person s3whose
named isAgosubscribed to the within instrument and acknowledged to me that
he/shet(t executed the same in his/he el uthorized capacity es and that by
his/her el signature(Q on the instrument the personT�js` , or the entity upon behalf of
which the personls�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.
JASMINE L PERNICANO
WITNESS my hand and official seal_ coinlsslnn N„ 2195589
F,rn
-n
l =' NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY
Mr Comm ErOires MAY S. 202
No a Public ig atul
(Notary'rub I Beat)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Covenant Regarding Real Property
(Title or description of attached document)
APN: 321-270-74; MDRA 17-019
(Title or description of attached document continued)
Number of Pages Document Dale
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
www.NotaryClasses. conn 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
Thisfom!compliesivah current California statutes regarding notary wording and.
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that stare so long
as the warding does not require the California artery to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fors (i.e.
Wshe/they, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording
-
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date-
. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (Le. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.