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Covenant Regarding Real Property 2021-0022985RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 DOC# 2021-0022985 1111111111111III 1111 1111 11101111111111111111 I1I1I 1111 Jan 12, 2021 11:47 AM 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: 321-241-05 COVENANT REGARDING REAL PROPERTY Arthur G. Robertson and Mary Brumbaugh Robertson, as Trustees of the Arthur G. Robertson and Mary Brumbaugh Robertson Revocable Living Trust, dated April 27, 2014 ("OWNER" hereinafter), is the owner of real property commonly known as 14661 Espola Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B20-0664, a request to construct two detached non -habitable, accessory structures at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached non -habitable accessory structures shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non -habitable structures shall never be rented or leased as separate units. 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 non - habitable accessory structures 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: OWNER OR AUTHORIZED '. ENT: Arthur G. Ro•ertson, Trus ee (Notarize) Trustee of: Arthur G. Robertson and Mary Brumbaugh Robertson, as Trustees of the Arthur G. Robertson and Mary Brumbaugh Robertson Revocable Living Trust, dated April 27, 2014 CITY OFrWAY: Dated: /0 /21 By: J. Manis, ire for 6f 1:6 vel, pment Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ...Cf. .4k :A.� .w= vat.m. _V%•_..! N a v.:VAa.- yr ss;¢ cam. 6a-_w=_m. v d� _a!¢.1, w :in. ;.aa 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 October 13, 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 r 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 t Lid A l�-G A. 0/1-'11 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. Descripiion of Attached Document Title or Type of Document: Covenant Regarding Real Property B20-0664 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): ❑ Partner — ❑ Limited ❑ General 0 Partner — 0 Limited 0 General 0 Individual ❑ 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: 0 Corporate Officer — Title(s): ©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�.i�•.A4.as1 W4/74.1 Va, y •_., Q .31.- M .®.C4s1 M A� 91.' _Gl N. MST M -st..4474. N .igteil.' .N ..ff. '.^ ..P. weal'.R ..M. •.. 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 S-Aii I 0 On ,%YpIIP/o-)AcE II • ,`.?Cic9,Q before m Date j personally appeared A2 -1 -AU R Here Insert Name G. iqr.)be Name(s) of Signer(s) /E. A" Notary Public, nd Title of the Officer saw 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. PATRICIA I. SCHULER Notary Public - California San Diego County Commission # 2254884 My Comm. Expires Oct 22, 2022 Place Notary Seal Above WITNESS my hand and official seal. Signature r ,i. 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. 1 P kt Title Type�oa��mM�°c�v„�e, i R., ,�, R.n e,,.� Description of Attached Document 1 Title or of Document: �c\ Ai R -, 's- j I` 7FJ Document Date: Signer(s) Other Than Named Above: Number of Page 6Q0 -o66 Capacity(ies) Claimed by Signer(s) } Signer's Name: Af.T 14l R • � c �a t� J El Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual El 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