Covenant Regarding Real Property 2018-0338974C) J
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
j� CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 321-270-77
Minor Development Review Application 17-016
DOC# 2018-0338974
IIIIiI 11111 11111 11111 1111 111111 11111 11111 11111 11111 11111 11111 1111 1111
Aug 17, 2018 11:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $95.00 (SB2 Atkins. $75.00)
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES:3
Whereas Frank E. Rafail and Diane Rafail, PROPERTY OWNERS ("OWNER" hereinafter), is
the owner of real property commonly known as Assessor Parcel Number 321-270-77 ('PROPERTY
hereinafter) and more fully described as:
Lot 7 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 17.02.010 and in consideration of the approval of
Building Permit B18-0949 which is a request to construct a residence at the above -referenced property
by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to the following requirements:
A. Lot 7 of Final Map 14940 is part of a lot -average subdivision and the subject lot cannot be
further subdivided.
B. 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 17-016 project plans outlined in the approval letter dated
April 18, 2018, 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.
C. The proposed guest studio is restricted from ever being leased out as a separate living unit
and complete kitchen facilities shall not be installed without first obtaining the necessary
approvals and permits from the Development Services Department.
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
habitable guest studio 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: ?,- I Y' / B
Dated: -9-kq -� X
Dated: 8
OWNER OR AUTHORIZED AGENT:
Fr4n afail (Notarize)
Diane Rafail (Notarize)
CITY OF
0
Manis, Director of YevkloprV6nt 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 Die
OnOct before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Fro,0L E. ILA t o,; 1 OA d a)A n O A= a I
Name(s) of Signer(s)
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 ff
Commission a 2201766
My Comm. Expires )un 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 ) nom— k I A nn: j 1)
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:
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:
02016 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907