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Release of Covenant 2021-0703290RECORDING 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# 2021-0703290 11111111111111111111i1111111111111111111111111011111111111111111111 Oct 07, 2021 04:43 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $104.00 (SB2 Atkins: $75.00) PAGES: 6 APN: 273-901-54 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of September 9, 2021, is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of Mark J. and Kathleen E. Hughes 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) 273-901-54 commonly known as 13530 Old Winery Road ("Property" hereinafter). B. The Owner obtained approval of Building Permit 08P939 from the City on August 29, 2008, allowing the construction of a detached non -habitable accessory structure. Prior to the aforementioned approval, 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 Recorder's Office on August 18, 2008, as Document Number 2008- 0440549 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Exhibit «A" C. The Owner requested approval of Building Permit B21-1707 from the City on August 5, 2021, allowing the conversion of the detached non -habitable accessory structure to an Accessory Dwelling Unit (ADU) ("Project"). D. 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. 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: Robfrt J. Manis, Director 5f D vel'pment Services OWNER Mark J. and Kathleen E. Hughes 1 By: Kathlep Hughe,)Owner (Signatures must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. State of California County of San Diego On September 20, 2021 Date before me, Yvonne Mannion, Notary Public 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. A A A j A A A A YVONNE 'AMNION Notary Public • California San Diego County Commission # 2363699 My Comm, Expires Jul 1, 2025 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 &I I r+A 4.140A.A-; )") 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 08P939 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 ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ 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 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 September 22, 2021 Date personally appeared } before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Kathleen Hughes 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public • California San Diego County Commission # 2363699 My Comm, Expires Jul 1, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL VUrta e it [Ann; nl 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 08P939 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 ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©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 O BOX 789 POWAY CA 92074-0789 EXHIBITA DOC, 20080440549 AUG ie, 2008 a as PM OFFICIAL REI_ORU'-• SAID PIEGCI CI IUPJI", RE! i IRC'EFI"; URI.E GREGOR') •I '.;t•AITH 0II JNT , REi_:i �FIUER FEES 1=IUU PACES: 2 1IIIM1I IIIIl11111I1111111111111I111111111111I1I111I1Illl11111111111111II111111I1 (This space for Recorder's, Use) AP N: 273-901-54/G1591-07 COVENANT REGARDING REAL PROPERTY Katherine Ries, as Trustee of the Ries Family Trust Dated April 17, 1991, as Amended, Trust A an undivided 50% interest, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property commonly known as 13530 Old Winery Road ("PROPERTY" hereinafter) and more fully described as: Lot 14 of City of Poway Tract No 81-01 Unit No 2, in the City of Poway., County of San Diego, State of California, according to map thereof No 11844, filed in the Office of the County Recorder of San Diego County, June 24, 1987 .Ini*consideration_of_the approvai_by_the Qity_of Poway ("CITY" of Grading Permit (G)1591-07 and a Building Permit, to add a detached, 1,180-square-foot garage, with 954 square feet of unhabitable/attic space, and a 324-square-foot. game room at an existing single-family residence, OWNER hereby agrees that no portion of the game room or garage area shall ever be rented or leased as a separate unit, and complete kitchen facilities shall never be installed, which means that no natural gas connection or 220V electricity is permitted in a kitchen area. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that the Grading Permit and/or Building Permit expires or is never obtained to __...construct_.the detached garage/game room .at the request of the OWNER, CITY shall expunge this Covenant fromthe 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 The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenantagainsf the OWNER. Dated: /VI /WO/ • Dated: 7/3 // VS By' By. 0 NER: K • herine Ries, Trustee tt/4 U ` ob • rt J Manis, b jrector • '1 • pment Services T2.4))1,1-56 otarize) M:lplanning\Lisa\Projectslries covenant.doc ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CJ On Da e personally appeared ebefore me, Lala_ Here Insert Name and T' ref the Officer Name(s) of Signer(s) LISA C. WANG comm. 81567313. sovixt# Klink • CALTORNIA g SAN.DIEGO'ii3OU0N'TY " Glnrn. cap.AMR_ ,8, 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(t) IC„�'ate subscribed to the withi instrument and acknowled to me that jyay executed the same i er/ pir'authorized capacity(t s) and that by j:liatOhgir-signatureN on the instrument the person(t, or the entity upon behalf of which the person() 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 h d and official seal. Signatu OPTIONAL \I�r Signature .f Notary 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer — Title(s): 0 Partner — 0 Limited ❑ General O Attorney in Fact Top of thumb here Signer's Name: ❑ Individual 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHIINBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827