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Covenant Regarding Real Property 2019-0591860RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2019-0591860 111111 VIII VIII VIII IIII111111 VIII VIII VIII VIII VIII VIII IIII!III Dec 18, 2019 12:44 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APN: 321-270-75/MDRA 19-014 COVENANT REGARDING REAL PROPERTY Whereas Adam Wilson, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property commonly known as Assessor Parcel Number 321-270-75 ("PROPERTY hereinafter) and more fully described as: Parcel B of Certificate of Compliance for City of Poway Boundary Adjustment BA NO. 18- 001 filed in the office of the County Recorder of San Diego County, February 26, 2019 as instrument No. 2019-0068855 of official records. Pursuant to Poway Municipal Code Section 17.02.010 and in consideration of the approval of Building Permit B19-1645 which is a request to construct a residence 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 19-014 project plans approved September 27, 2019, 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: Dated: /2-1:2,111 1 Adam Wilson (Notarize) CITY OF P 1£ Y: By: Robe J ,' Manis, Direct e eI• • m - t Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ws.t. , wVre,;ays ws.4/a�C:�.. <;si�$��: .�..a�C.�.. :a��;� a1.C!�.. ,. 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 12, 2019 before me, Date personally appeared Adam Wilson Yvonne Mannion Notary Public Here Insert Name and Title of the Officer 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. z YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 2 2 Place Notary Seal Above 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 ki vo A 0 --- OPTIONAL Signature of Notary Public 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: Covenant Regarding Real Property B19-1645 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.: CIVIL CODE § 1189 vaiter's av,C. �.Q/.T`: ,;s�,.4�� v,.a�d��.�, 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 <eMba f�, e/oIq before me, Yvonne Mannion Notary Public Date personally appeared Robert J. Manis Here Insert Name and Title of the Officer 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 Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above 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. SignatureskJ6,44.,u4) OPTIONAL Signature of Notary Public 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: Covenant Regarding Real Property MDRA19-014 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 ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: �� •�.. 'ate . _ _ _ _ �• _ _. = 7 NZ ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907