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Covenant Regarding Real Property 2021-0703314RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0703314 11111111111111111111i1111111111111111111111111011111111111111111111 Oct 07, 2021 04:51 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: 273-901-54 COVENANT REGARDING REAL PROPERTY Mark J. and Kathleen E. Hughes ("OWNER" hereinafter), are the owners of real property commonly known as 13530 Old Winery Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B21-1707, 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. Upon granting of the certificate of occupancy in accordance with Building Permit B21- 1707, there will be a maximum of two permitted housing units on the PROPERTY. 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 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. 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. Dated: d q r Dated: / OWNER OR AUTHORIZED AGENT: Mark J. and/Kathleen E. Hughes Kathleen E . Hughes, Ovvrer CITY OF PIt AY: Bv: b=rt 1 Manis, Drect6r ofrbevlopnnt Services (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. ia a a a aa a A a a a a 1 YVONNE MANNION Notary Public - California San Diego County Commission # 2363699 y Comm. Expires Jul 1, 2025 Place Notary Seal Above 1 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 (/1761h� 11LJt�✓lian� 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 B21-1707 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited El General El Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: cerstz u car r cr < re�c z�cz v ©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 E. 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, 202 Place Notaty Seal Above 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:Covenant Regarding Real Property B21-1707 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited ❑ General 0 Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 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