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Covenant Regarding Real Property 2020-0356463RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0356463 1111 I II II 11111 !IIIII 1 I I 1111111 I I II I I! I II II 11111111!! 1111 Jul 07, 2020 011:45 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (S82 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APN: 314-791-29-00 COVENANT REGARDING REAL PROPERTY Bithell-McCallen Family Trust 03-07-17 ("OWNER" hereinafter), is the owner of real property commonly known as 12742 Briarwood Place ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(6)6 and in consideration of the approval of Building Permit B19-1350, a request to construct a detached habitable accessory structure at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached habitable accessory structure shall never have complete kitchen facilities installed and will not be rented or leased as a separate unit. 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 habitable accessory structure 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: 47/ 7 // 0 i(2 Dated: 7gAe OWNER OR AUTHORIZED AGENT: Randy Bithell, Trustee CITY OF P By: AY: (Notarize) Rob rt J. Manis, Dir tor pment 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 C County of 3a Y) On I "7+ U.0 202-U before me, C,1 G Here Ck r-1 Cl LA Date personally appeared Notary Public, nsert Name and Title of the Officer -Bi-i--An I Name(s) 7 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(sr'acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CISSVSONWLIA t Notary Public • California WITNESS my hand and official seal. r San Diego County Commission % 2321254 My Comm. Expires Mar 9, 2024 Place Notary Seal Above Signature l' OPTIONAL Si ure o ary 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: C .v zvtex,4 f Document Date: X5/2 C7 -20 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 D Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: 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 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 3 -LAA -e- I v o2bo2.0 Date before me, Yvonne Mannion Notary Public 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. Signature OPTIONAL I�%i NCS ij.i 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 B19-1350 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