Loading...
Release of Covenant 2021-0415820RECORDING 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# 2021-0415820 IEEE! 11 11111 1111 1111 1 1 1111 111 11111 11 1111111111 11111 1 EIII Jun 04, 2021 09:19 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 APN: 314-020-22 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of November 20, 2020, is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of the Bartlett Family Trust 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) 314-020-22 commonly known as 15209 Hilltop Circle ("Property" hereinafter). B. In 2013, the Owner obtained Building Permit B13-0636 from the City to construct a habitable accessory structure. Prior to the approval of the Building Permit, 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 2013-0418881 ("Covenant") that prohibited the installation of kitchen facilities and renting the structure as a separate unit. A true and correct copy of the Covenant is attached hereto as Exhibit "A". C. The Poway City Council adopted Ordinance 837 on December 17, 2019, that amended the ADU regulations to allow for the conversion of an existing legally permitted garage, accessory structure or portions of an existing main single-family residence to an ADU or JADU. The Owner has requested the City to release the Covenant. D. The Owner obtained approval of Building Permit B20-0986 from the City on October 7, 2020 allowing the conversion of a detached habitable accessory structure to an Accessory Dwelling Unit (ADU) (the "Project"). 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 By: obe4 J. Manis, irecor of neve +p <`ent Services 1/7/ij47).a.di Sophia' Ann Bartlett (Notarize) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �!`,�.c-C,c^!�`.t'� -.c�`.ccs:Y�s�:�:c�,c�^`�c�-.k-r..�rc�-,�',�>te—:rc�',�`.<�c�.c:e>�;rf,4•:ec�fu�.c:e-.�h.�,c�^ '.i<�c-.c�t�:c:c�.t,�-.cY�',�-Y`,�.�=:c�,�.r;c.Fe�.�a�`;c: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 San Diego On December 2, 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. 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 — 0 Limited 0 General 0 Individual 0 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 ❑ Trustee 0 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 as vs vslvirvtAri.. - z. . w.. liseVilitra:w v.�• Qs. A- w. .-w,�c w;�_w< "Mt% v. vt. _w _o�-.v. _w. c:aa _v. is,4474 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 /4n1 On 05/2 #/ Q 2 / before me, Date L / Here Insert Name and Title of the Officer personally appeared 5 p4 ' 427T GcT? 6-71,‘„,rs. 734 it Notary Public, 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. DENNIS BUTTS Notary Public - California San Diego County Commission 2271018 My Comm. Expires Jan 11, 2 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 ane officia Sianat OPTIONAL i/ Signatur- f 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 Downent Title or Type of Document: C6.2 S f or Cd /r f/frfivt,r 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 — ❑ Limited ❑ General 0 Partner — 0 Limited 0 General 0 Individual ❑ Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: qw; 4�• • H:'"4�`l/Nd ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 APN: 314-020-22 EXHIBIT A ) ) ) ) ) Fiocalved City Clerks Office JUL 0 8 2013 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUL 03, 2013 DOCUMENT NUMBER 2013-0418881 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 9:13 AM (This space for Recorder's Use) CITY OF POWAY COVENANT REGARDING REAL PROPERTY CONFORMED COPY The Bartlett Family Trust ("OWNER" hereinafter) is the owner of real property commonly known as 15209 Hilltop Circle ("PROPERTY hereinafter) and more fully described in Exhibit A. In consideration of the approval of a Building Permit to construct a detached, habitable accessory structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the habitable accessory structure shall never have kitchen facilities installed and that the accessory structure will not be rented or leased as a separate unit. 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 habitable accessory structure 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: The Bartlett Family Trust Dated: ‘-/V-'/, i'ladihit Sop le A. Bartlett, Trustor (Notorize) Dated: (V)//! 3 CITY OF POWAY: By: obert J. Minis Director of Developmen' ervices r3 -D4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c\Y:. c�G�%v:.'.'.�' Y:1 : 5 .•/-•3i. wr\' �3S�.SSC' ' Sri'':�i✓: ' ...4S,:sv"y-:'ulsaR--wqs.•• t 'a:!_:j.e1c:: State of California County of �%1rr/ 1)I6 On \lUNW fY) ZiP/3 before me, 4Iyi$/////// /'47:%2j1T �cgL (C_._ Date I ere Insert Name arra Title of tie Officerpersonally appeared ., S /I/e ,447e,77-46-17— Name(s) of Stgner(e) PHYLLIS SHINN Commission # 1956215 Notary Public • California San Diego County My Comm, Expires Nov 9, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( j„whose name( is/a s subscribed to the within instrument and acknowledged to me that (she/t(y executed the same in Wherftl-MILauthorized capacity(i.), and that by /her/tb61r signature( on the Instrument the person(, 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 handy nd official seal. Signature OPTIONAL Signature of Notary Public 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: 0 iV'L/ . ij i 's /4 46-79t, I/ i"622% Document Date: J/j%/ I 2vir Number of Pages. 2. Pal;? - J J. 4//,_s- Signer(s) Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHTTH OF S'. 1BPRINT VER Top of thumb here Signer's Name: 0 individual ❑ Corporate Officer -- Title(s): ❑ Partner Limited 0 General ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TNJP;IBPRIN'r OF SGNER Top of thumb here ?r."ery�r�<�4?sl'e;'S�erG`e'<l"4':�✓ -e+q i:'e�rrr<t�' •.v.".', ryc`�.�G�"✓:�.'er'�'?%!ti✓: <u< tC�:��< '<�y«ra..rs�ei,Cy.'e�.'dC�erc�s�C�<'rr<'✓. v:.,t�. er �C�er•-vim✓ 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 =Chatsworth, CA 87313.2402 • www.NalionalNotary.org Item 415907 Reorder. Call Toil -Free 1-a0-876.6827 EXHIBIT A Parcel 1: Parcel 19 of Record of Survey Map No. 4134, filed in the office of the County Recorder of San Diego County, January 7, 1957 as File No, 3105, being a portion of Lot 4 in Block "A" of Poway, in the County of San Diego, State of California, according to Map Thereof No. 536, filed in the office of the County Recorder of said San Diego County, May 7, 1888. Parcel 2: An easement for road and public utility purposes over all of those certain strips of land Tying within the boundary of Record of Survey Map No. 4134, filed in the office of the County Recorder of said San Diego County, January 7, 1957 as File No. 3105, being portions of Lots 2 to 5 inclusive in Block "A" of Poway, in the County of San Diego, State of California, according to Map thereof No. 536, filed in the office of the County Recorder of said San Diego County, May 7, 1888 and shown and designated on said Record of Survey 4134 as "60 -Foot Easement Reserved for Road." EXCEPTING FROM said strips of land those portions thereof lying Southerly of the Southerly line of Lot 4 in Block "A" of Poway as shown on said Record of Survey Map No. 4134. ALSO EXCEPTING FROM Parcel 2, that portion Tying within said Parcel 1 above described.