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Covenant Regarding Real Property 2019-0239808 DOC# 2019-0239808 IIIIIIIIIIIIIIIIIllIIIIIIIIIIIII11111 iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ) Jun 19, 2019 11:23 AM RECORDING REQUEST BY: OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CITY OF POWAY ) SAN DIEGO COUNTY RECORDER FEES: 520.00 (SB2 Atkins: 50.00) WHEN RECORDED MAIL TO: ) PAGES: 3 CITY CLERK CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 317-241-15 COVENANT REGARDING REAL PROPERTY Payne Family Trust Dated July 18, 2008 ("OWNER" hereinafter), is the owner of real property commonly known as 11982 Old Pomerado Rd ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)12 and in consideration of the approval of Building Permit 819-0605, a request to construct a detached accessory dwelling unit at the above- referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that either the main residence or the accessory dwelling unit must be occupied by the owner of the property at all times. 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 second dwelling unit 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. OWNER OR AUTHORI D AGENT: • Payne Family Trust ed July 18, 2008 /t Dated: By: Lee W. Payne, (Notarize) Trustee CITY OF PO , AY: Dated: /77//47 By: 4 . Rob rt J. Manis, Dir(ctor of Develo.r ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .n.n.n.n.n.w.v.Mt-.w.M.nVn-w.wKr..n .w.n-n.w.F. .w.w..a,. .wKaY..w_w€w.n.N.P✓n..w.wtn w f._.<!C-.n.w<! 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 kk,A0 -1 a0I1 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared tj o heir T. Mon.'s 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public-Cali'ornla WITNESS my hand and official seal. 1 E San Diego County �^ - r Commission II 22017E5 'I' My Comm.Expires Jun 18.2021 I Signature` JVein nQ &Jan^;:"--) 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: Co Wont aiCi -- 0 6 oS- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited 0 General 0 Partner — 0 Limited 0 General El Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: :O¢CtR^C4"SR:'LZ4.Z'R3'.G�Z^5�.. . •• - - - -s?cc`L,s..•..-w... . .rn«... ,. . a. .. .. ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Wert^,.,sRtw.rerr ttne.wrc:=t.-r to t,Wr.F».e e. CM2P>rrmtBoc'et^.rrrC.r-firrrrt't`.Mert=ct.RW1C/ xxzT:Errrrtrk>2.th.Pr3 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 Tune / 21 ,07oil before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Lte t4. patgoe Nam (s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)"whose names) is/are subscribed to the within instrumept and acknowledged to me that he/st+e/thfy executed the same in hisAaer/their authorized capacity(t6s),and that by hist/their signature(e)on the instrument the person(5), or the entity upon behalf of which the person(s`facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph yvONNE MANNION is true and correct. �• Notary Public-California San Diego County i WITNESS my hand and official seal. // Commission•2201766 •"' My Comm.Expires Jun 18,2021 Signature n/14-- kjat,ii 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: C01)Pi C9(1 t lel 4 -0 b0 5 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer - Title(s): - 0 Corporate Officer - Title(s): ❑ Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: zszewss.•ceccQ.zrvnccc>sa • -.- a ,•• d a' a' -•••••• a ......a .. . a p.;4x,•.g 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907