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Covenant Regarding Real Property 2020-0362809RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0362809 1I 11 1t 1 I II 11 IIII 1I 1111 111 1 I II Jul 09, 2020 09:42 AM 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: 323-070-56-00 COVENANT REGARDING REAL PROPERTY Jeffrey P. and Jeanine K. Wimbrough ("OWNER" hereinafter), are the owners of real property commonly known as 15121 Sycamore Canyon Road ("PROPERTY" hereinafter). The PROPERTY is located within the Very High Fire Hazard Area. As such, pursuant to Poway Municipal Code Chapter 15.24, the development of a residence on the PROPERTY requires the implementation of a landscape and irrigation plan designed in accordance with the City of Poway Landscape and Irrigation Design Manual ("MANUAL" hereinafter). Pursuant to Minor Development Review Application 18-036 on file with the City of Poway ("CITY" hereinafter) and in consideration of the approval of Building Permit B20-0229, a request to construct a single-family residence and accessory dwelling unit at PROPERTY, by the CITY, the OWNER acknowledges and agrees to maintain in perpetuity the improvements specified on the approved landscape and irrigation plan, Landscape Plan 20-009 ("PLAN" hereinafter), on file with the CITY. The OWNER also acknowledges and agrees that proposed changes to the improvements specified on the PLAN require CITY approval before they are made to ensure compliance with the MANUAL. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY may require an amendment to the PLAN and the payment of plan review and inspection fees. 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 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 AUTHORIZED AGENT: Dated: G. 17 - 7,0 Dated: &/// hD Jeanine K. Wimbrough, (Notari CITY OF P AY: "6141A o ert J. Manis, Dire or of3velopment Services By: `Gc7-Ulf CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �,�,�-rc-�,��,�: r,�c��ci^r,�.�,�-rc; c.�,�,c r,�: e�.;� rc�,�;�, r,�c�-.�;�,t> <-rtcr.,c;c�,e,r�.� r•,c-:rc�,�mcr;� t�,.�ri 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 June 11. 2020 before me, Date ) Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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. Signature W tin rl . A ,i(onnl �! 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 B20-0229 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 D 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 CIVIL CODE § 1189 r ▪ sa - - v.tersidat..v.AK! IN. , w aa- - 11,4411.. v a _ e.' = w �. -' .w asC aa- v. suite,W• v. w •.w� . a 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 c-Sa-�'1 J On U(,Lv) & 12 av z/ before me, W Notary Public, Date HereIInsert Name and Title of the Officer personally appeared jc� �' n �v' wl (� uC( f'S Name(s) of Signer(s) J 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. WITNESS my i and and official seal. Signature Signature of Notary Public GWEN BESSEMER Notary Public — California San Diego County Commission # 2198515 My Comm. Expires Jun 17, 2021 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: ❑ 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: e� ez�c ec zvn <nu��•c ce r ecce eti� �c�� cc ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907