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Covenant Regarding Real Property 2020-0851226RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0851226 1111111111111111 11111 1111111111 11111 1111 1111111111 11111 1 111111 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: 275-794-05 COVENANT REGARDING REAL PROPERTY Arthur E. Evans and Lori A. Pina Living Trust 09-20-18 ("OWNER" hereinafter), is the owner of real property commonly known as 16290 Summer Sage Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B20-1327, a request to construct an Accessory Dwelling Unit ("ADU" hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the ADU encroaching into the setback area for the main residence must remain an ADU. 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 ADU 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: Dated: OWNER OR AUTHORIZED AGENT: Arthur E. Evans and Lori A. Pina Living Trust 09-20-18 Arthur Eugene Evans Jr.,Truste (Notarize) CITY OF P WAY: By:.,(4"1: R b,rt J. Manis, irectbr o° D elop% ent Services D,7--) % CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w + ig. w wt al, wt vb. v. w w •'w as s Q.ua ^ n .wC.a •. vel.5. _v e_weAm . . 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 17, 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. « .m. AK. ....... A A .e. a .M YVONNE Mv1ANNION Notary Public - California z 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 - ✓vn i-- 1U f'^) 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 B20-1327 Document Date: 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 — 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A A. At.'a CIVIL CODE § 1189 vet A m.= a v. v. vi. v. - At _v.w4ayt v. v. si.as .va _w.R sa - _c. •.va w..vet.v. aa :.v.-.w 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 SO—Air.,› ( On Date personally appeared before me, 7 (Ck E 0 Lr ci V4 0 Notary Public, Here Insert Name and Title of the Officer -'&(Ue T vG e eve V ivs Nam f S per(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s are subscribed to the within instrument and acknowledged to me that(gish€/-they' executed the same in 1g1/her/their authorized capacity(ies), and that by 0/her/their signaturen the instrument the persot (s) or the entity upon behalf of which the person(s)acted, executed the instrument. PATRICK E. O'SULLIVAN Notary Public - California 41 San Diego County Commission # 2283434 My Comm. Expires Apr 25, 2023 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 Cx -17zIede <--'-(94 Signature of Notary Public OPTIONAL 1 Though this section is optional, completing this information can deter alteratio f the document or fraudulent reattachment of this form to an unintended d. ment. 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 ❑ Gener ❑ Individual ❑ Attorney ie act ❑ Trustee ❑ Guar.'- or Conservator ❑ Other: Signer Is Represents. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ 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