Loading...
Release of Covenant 2020-0442770RECORDING REQUESTED BY: Clerk, City Council City of Poway WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk DOC# 2020-0442770 1101IMOMM11111 HMI 1II II 11 Aug 10, 2020 10:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) PAGES: 5 APN: 322-011-29 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of July 15, 2020, is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of the ROY AND KIM ASHCROFT and their successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 321-011-29 ("Property"), more particularly described as Parcel 1 of Parcel Map 13884, in the City of Poway, County of San Diego, State of California, as recorded in Book of Parcel Maps, File 1985-267341 B. The Owner obtained approval of Building Permit B19-0482 from the City on June 24, 2019 allowing construction of a detached Accessory Dwelling Unit (ADU) (the "Project"). C. Prior to the aforementioned approval, Owner and the City executed a document entitled "Covenant Regarding Real Property" as required by the Poway Municipal Code, which was recorded with the San Diego County's Recorder's Office as Document Number 2019- 0239802 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Exhibit „A» D. The Poway City Council adopted Ordinance 837 on December 17, 2019, that amended the ADU regulations including eliminating a requirement of owner -occupancy of one of the dwellings. The Owner has requested the City to release the Covenant. E. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property, and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: 1. The requirements imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. 2. This Release shall inure to the benefit of Owner and its successors and assigns and shall be binding on the City and its successors and assigns. IN WITNESS WHEREOF, City and Owner have executed this Release as of the date first written above. CITY OF POWAY, A MUNICIPAL CORPORATION By: OWNER rt J. Manis, Direct•r ofb- elopment Services Roy Ashcroft (Notarize) EXHIBIT A RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2019-0239802 IIIIII INTI IIIII IIIII IIII IIIIIIIIIII IIIII 11111 1I11I 11111 II11I illi IIII Jun 19, 2019 11:21 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20,00 (SB2 Atkins: $0:00) (This space for Recorder's Use) PAGES: 3 APN: 321-011-29 COVENANT REGARDING REAL PROPERTY Roy and Kim Ashcroft ("OWNER" hereinafter), are the owners of real property commonly known as 15020 Espola Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)12 and in consideration of the approval of Building Permit B19-0842, 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 AUTHORIZED AGENT: Dated: � c� 7 By: Dated: 617/1 Roy Ashcroft, Owner CITY OF POWAY: By: I/ V vvv r o ert J. Manis sI •f 'evelo•ment Services (Notarize) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Q.w•. .w .a: ma , w—leR.w 44 s w w. ane v.. atm - v., ave WORV,Pi . w.Laa w w..:e'R 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 July 21, 2020 before me, Yvonne Mannion Notary Public Date 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. 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. cn YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above Signature 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: Release of Covenant 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 CIVIL CODE § 1189 rc�cccfc�oFrc� �cr�trc �<cr >cr e�Pe e< tl ccA ryec F,cr.c F rc c�cecA��r cct cc 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 Sa_n \I e 0 On 0 4- / Z / 2_G 20 before me, S�d Cki9 �- - rc� �' Notary Public, 1 Here Insert Name and Title of the Officer personally appeared � Ul Name(s) of Signer(s) Date 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. .111111/111111111111111111111111111,111116, F -� STACEY LYNN HERRLE �"z' 7 COMM. #2266370 z E. lD=';��;, , r. �, NOTARY PUBLIC - CALIFORNIA CiS) z� � SAN DIEGO COUNTY My Commission Expires 11/10/2022 ,:, 11111111111111111111111111111111111IIr Place Notaty 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 .fficial seal. Signature OPTIONAL otary 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: 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 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: C�s,�C _ n LW.�TaG�cW�>,���fZe .. J V -ate L V�G"ok`• ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907