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Covenant Regarding Pervious Asphalt Maintenance Ageement 2020-0851223RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0851223 1111111111111111 11111 1111111111 11111 1111 1111111111 11111 1111 111 111 Dec 31, 2020 02:16 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: 323-070-56 COVENANT REGARDING PERVIOUS ASPHALT MAINTENANCE AGREEMENT Jeffrey P. Wimbrough and Jeanine K. Wimbrough, (hereinafter "Owner"), are the owners of that certain real property commonly known as 15121 Sycamore Canyon Road, Poway, CA 92064. Owner has installed pervious asphalt pavement on the property in -lieu of installing permanent stormwater treatment facilities. The precise location and extent of the pervious pavement are indicated on the approved grading plans on file with the City of Poway's Development Services Department as G19-0010. By entering into this covenant, Owner hereby agrees to maintain the pervious asphalt pavement, in perpetuity, per industry standards set forth for pervious asphalt. If the City of Poway finds that the pervious pavement has failed due to lack of maintenance and is no longer functioning properly, Owner hereby agrees to conduct proper maintenance and/or replace in-kind the compromised pervious pavement. If replacement is not possible, Owner agrees to install permanent stormwater facilities to be designed by a registered civil engineer. This Covenant shall run with the land, inure to the benefit of and be binding upon Owner, future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, and is hereby expressly declared to be enforceable by the City of Poway. 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. IN WITNESS WHEREOF, the OWNER has executed this Covenant this I/ " day of December, 2020. Owner: By: VV Jeine K. Wimbrough, Other CITY OF POWAY: By: ert J. Manis Director of Development Se Dated: /2- 22-7 ?,4 TIF`CA S E A TAC E Dated: /2Izelzo (Signatures Must Be Notarized) �- is STATE COUNTY OnliCl personally who subscribed in the I paragraph WITNESS CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA 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. OF CALIFORNIA ) OF f ' ) .J . efore me, 3/4 KO.,)Jt' et C.> ahe (Date) (Here Insert Name and Title of tOfficer) appeared „eiCA iI IX; Vt (1J) ())1)9h , proved to me on the basis of sat actory evidence to be the person(4 whose name(V) is/ate to the within instrument and acknowledged to me that hft/she/th,,6y executed the same h s/her/tI)yir authorized capacity00), and that by I4`s/her/th%'ir signature(') on the instrument person('), or the entity upon behalf of which the person( acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. �, ANNA KOUPRINA Notary Public - California my hand and official seal. San Diego County ;: s x ' Commission # 2261742 ` ' My Comm. Expires Oct 7, 2022 Sjnatur- +- otary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Description of Attached DocumentCQY} Y®�)91 ad Title or Type of Document -k- MGA ' '' L! c mYi� Document Date:1 1j2O( 2 Number of Pages: Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -WO w ..w. _va aheta1.<16.443. w. liNetfiRs. s..A:v: w.VR• ua _ - -tera -.w _n INVit.v. 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 29, 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 # 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. II1 Signature `1 ►��rt n;;J:) Signature of Notary Public 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: Covenant Regarding Pervious Asphalt Maintenance Agreement 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 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907