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Covenant Regarding Real Property 2019-0239776 DOC# 2019-0239776 IIII11I11IIIIIIAIIIIIII1IIIIII VIIIVIIIIIIIIII1I1111111111I11IIII RECORDING REQUEST BY: ) Jun 19, 2019 11 :14 AM ) OFFICIAL RECORDS CITY OF POWAY ) Ernest J. Dronenburg, Jr., ) SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES; $20.00 (S82 Atkins: S0.00) CITY CLERK ) PAGES: 3 CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 321-410-40 COVENANT REGARDING REAL PROPERTY The Philip J. Butzen Trust Dated August 6, 2013 ("OWNER" hereinafter), is the owner of real property commonly known as 14805 Budwin Lane ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)12 and in consideration of the approval of Building Permit B19-0298, 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 if either dwelling unit is rented. 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. ll OWNER\eR AUTHO'IZED AGENT: / Phi '.4 J. i tzen Tr. Dat: ugus 6, 2013 110 Dated: fallr . r.�_ �� tel By: di. A �._ . P flip J. n, r st� ' (Notarize) CITY OF P WAY: Dated: l5By: �/ / R bert J. Manis,�DireCioro De -lop •ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 xTJwAllQ 111, J 0101 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Ro he J • (im/I;s Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/tbetr authorized capacityjies),and that by his/her/their signature(a)on the instrument the person(e), 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. m YVONNE yr-Californiaomy Notary Public- WITNESS hand and official seal. a i. San Diego County 4 •:dipjCommission+2201766 My Comm.Expires Jun 18.2021 SignatureAAL ���%��••� 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: 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): O Partner — O Limited 0 General 0 Partner — 0 Limited 0 General ❑Individual ❑Attorney in Fact ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: x••aesx'sa1Freccc>cz Terra resr-,•L•ctx,Yccv cs cs s:t~tic..zYa=srci..`rz z•rc z=c. xzwztt'Lrz: -r. ;•s,�,'WtRI VEXcx..•s 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item ri5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 wte YR'O.YY•tProrytenkueu"crert i M.:et&^.F:Ce•aFeteetN.NlFC- reursquike cute biyrgtrarl^4`NNtKeyytl^.etc; 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 _tint 1 >y , e201 el before me, Yvonne Mannion Notary Public DateL a THere Insert Name and Title of the Officer personally appeared Ph i I a 1 , ) , )3(A r 7 en 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(ie5),and that by his/harJtheir 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 — 't Notary Public-California z WITNESS my hand and official seal. �� •- San Diego County Commission a 2201766 ""'• My Comm.Expires lun 18,2021 Signature hbelrl2 evJ 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: 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): D 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: ❑ Other: Signer Is Representing: Signer Is Representing: a•r r• rqr w _4 a, r • r v _w el `{aT {Favero .ci {iL'Tzt p ,v r ro• r•M"Iv r r N, ra C2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907