Covenant Regarding Real Property 2018-0149865APN: 321-180-98
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Tony L. Betancourt ("OWNER" hereinafter), is the owner of real property commonly known as
14052 Iris Lane ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A) and in consideration of the approval
of Building Permit B18-0259, a request to construct an attached second dwelling unit at the above -
referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that either the
main residence or the second dwelling unit must be occupied by OWNER at all times that either unit is
held out for rent.
Also, pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Building Permit B18-0260, a request to construct a detached non -habitable, accessory
structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees that the detached non -habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating, or air conditioning; and the non -habitable structure
shall never 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 the Building Permits are never obtained to construct the proposed attached
second dwelling unit and the detached, non -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.
41— OWNER OR AUTHORIZED—AGENT:
Dated:
Tony L. Be co
CITY OF POWAY:
Dated: By: / "t�L
R bert J. Maris, Dir cto of D velopment Services
DOC# 2018-0149865
RECORDING REQUEST BY: )
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII
Apr 16, 2018 01:16 PM
CITY OF POWAY )
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
WHEN RECORDED MAIL TO: )
SAN DIEGO COUNTY RECORDER
FEES: $92.00 (SB2 Atkins: $75.00)
CITY CLERK )
CITY OF POWAY )
PAGES: 2
P O BOX 789 )
POWAY CA 92074-0789 1
APN: 321-180-98
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Tony L. Betancourt ("OWNER" hereinafter), is the owner of real property commonly known as
14052 Iris Lane ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A) and in consideration of the approval
of Building Permit B18-0259, a request to construct an attached second dwelling unit at the above -
referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that either the
main residence or the second dwelling unit must be occupied by OWNER at all times that either unit is
held out for rent.
Also, pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the
approval of Building Permit B18-0260, a request to construct a detached non -habitable, accessory
structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees that the detached non -habitable accessory structure shall never be used as habitable space;
shall not have complete kitchen facilities, heating, or air conditioning; and the non -habitable structure
shall never 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 the Building Permits are never obtained to construct the proposed attached
second dwelling unit and the detached, non -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.
41— OWNER OR AUTHORIZED—AGENT:
Dated:
Tony L. Be co
CITY OF POWAY:
Dated: By: / "t�L
R bert J. Maris, Dir cto of D velopment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 )
Onj-o 1 8 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public -California
San Diego County
Commission M 2201766
My Comm, Expires Jun 18.2021 +
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 and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
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: col
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
('e/G(✓�'v 'v vGL✓.GVG"✓'ems \✓G�UG�✓G�NdT'✓GCd<'✓G\✓�✓G\'`/.`e/'!/G "✓ e/G"✓'✓('
• • • • • . • •• • gra � iea � L•e