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Covenant Regarding Real Property 2020-0788244RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 DOC# 2020-0788244 111111111111111 1111111111111111 111111111111111111 111111111 Dec 09, 2020 09:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 3 APN: 323-190-51-00 COVENANT REGARDING REAL PROPERTY Alva A. Diaz ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as 13424 Olive Tree Lane ("PROPERTY" hereinafter). In consideration of the approval of Parcel Map 20-001, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to the installation of 6 -inch asphalt berm instead of 6 -inch concrete curb and gutter, as required by City of Poway Resolution No. P-19-17, to remain consistent with the existing road improvements along Olive Tree Lane. The City agrees to defer the requirement of the installation of 6 -inch asphalt berm fronting Parcel 2 until future development of Parcel 2. Improvements must be completed prior to, or concurrently with, the issuance of a permit or other grant of approval for the development of Parcel 2. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that the approval for the subdivision TPM19-001 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation 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: l� /6� �2c7 Iva r i is r 201 rust 03-05-12 va . Dia , Trustee (Notarize) CITY OF POWAY By: Rob rt J. Manis, Director of De ,elo ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 personally appeared "- MI—C- at- Ot et 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. if /l6 / 2-0 '1=. � , before me, Youngjae Kim , Notary Public, I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. YOUNGJAE KIM Commission No. 2225346 NOTARY PUBLIC - CALIFORNIA v ommission Expires December 15, 2021 SAN DIEGO COUNTY PLACE NOTARY SEAL. ABOVE WITNESS my hand and official seal. Likqvziii SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: u€ v4 & 'eLrhj Veol Pl - pe/L tY Document Date: Number of Pages: r Signer(s) Other than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v� va v.ViR• A. wt oa w An-VAC/it w. welt ei. wed wea wda as. - . va4e4. v. weft• ci. w•_a .v. w._wt^ . wt 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 November 25, 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. YVONNE MANNION Notary Public -California San Diego County Commission n 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 0./c.„‘ OPTIONAL vV Ar a,') 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 TPM19-001 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 LI General ❑ Individual ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) item #5907