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Covenant Regarding Real Property 2021-0769390RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0769390 11111111111111111111i11111111111111111111111111111111111111111111111 Nov 04, 2021 04:59 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: 323-122-08 Project No: VAR 21-002 COVENANT REGARDING REAL PROPERTY Mark A. and Mary P. Supanchick ("OWNER" hereinafter), are the owners of real property commonly known as 13409 Neddick Avenue ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Variance (VAR) 21-002, the existing detached non -habitable accessory structure at the above - referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached non -habitable accessory structure shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non -habitable structure shall never be rented or leased as separate unit. 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 In the event that VAR 21-002 expires or is rescinded by City Council, or the OWNER terminates VAR 21-002, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and VAR 21-002 shall be of no further force or effect. 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: / Oig OWNER OR AUTHORIZED AGENT: Mark A. and Mary P. Supanchick Mak A. Supanchick, ner CITY OF P WAY: By. oGert J. Manis,Director of (Signatures must be notarized) ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 art-r,�cc�.cr,�<�.�=r,�>ccrmi,r,�.�:arc.�c�r.�=�,�-r.�.rt=ocr,�=c•.e>rcr,�-e��ri=:rc:c�,c�c�.c�.��.�=r,�:c�.�t�.�=c�,i c,��,e;c�,�-r.�-e;ercci=<�,�=�.�-e�;� 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 O(,. On Date personally appeared )cps-r.- before me, _ f kte/Lor Notary Public, ere I Bert Name and Title/of the Officer 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANA DEE MILLER Notary Public • California San Diego County Commission k 2352274 My Comm. Expires Apr 11, 2025 P/ace Notary Seal Above WITNESS my __.n• . '..I seal. Signature OPTIONAL ignature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 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): 0 Partner — 0 Limited 0 General 0 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 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 Or,1-0 be/ II t /0.2I before me, Date ) 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a a a a a a a a a a a a °`,y YVONNE MANNION t Notary Public • California sF=ro San Diego County 7 T .{ � Commission # 2363699 1 ' moo°"` My Comm, Expires Jut 1, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature VOW_ 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 VAR21-002 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 ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General 0 Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator El Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907