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Release of Covenant 2022-0060992RECORDING 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# 2022-0060992 11111111111111111111111111111111111111111111111111111111111111111111 Feb 09, 2022 11:39 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) PAGES: 6 APN: 321-210-36 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of January 4, 2022, is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of Perico Revocable Trust Dated May 15, 2008 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) 321-210-36 commonly known as 14831 Espola Road ("Property" hereinafter). B. The Owner obtained approval of Building Permit B13-0230 from the City on April 23, 2013, 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 April 24, 2013, as Document Number 2013- 0257444 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Exhibit C. The Owner requested approval of Building Permit B21-2815 from the City on December 6, 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: o •ert J. Mar', Directs o elopment Services OWNER Perico Revoc By: Trust'Dat, Herbert Perico;' (Signatures must be notarized) May 15, 2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rc:(Tc>ecY`c^4.r.�6.e>C.c�c`,c-.C,clycat'.afc L'c:C`,car.,c�cSc;<�.cC'.c;�C.s>oc=�ft':f`sifc-(`.c ,s; C. C:<`;cM<,<!, 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 January 12, 2022 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. aS a a as YVONNE Notary Public - California San Diego County Commission # 2363699 My Comm. Expires Jul 1, 2025 a a .,. MANNION Place Notary Seal Above s 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 officialseal. Signature /✓t7� tom-- dl�(^ )o 3 Signature of Notary Public OPTIONAL 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 — ❑ Limited ❑ General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 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 JAI 17 I eel (I l On (? I t .' f` t Date personally appeared before me, ) g/37!°°' Notary Public, Here Insert Name and Title of the Officer e1 ( )'f'l I (i 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. 0 VAZQUEZ I No. 2351631 NOTARY,. PUBLIC- CALIFORNIA SAN D4EGO'COUNTY Cammmission Expires March 15, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of -Notary u OPTIONAL 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact ❑ 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 ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P0BOX 789 POWAY CA 92074-0789 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON APR 24, 2013 DOCUMENT NUMBE R 2013-0257444 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME: 4:51 PM APN: 321-210-36 COVENANT REGARDING REAL PROPERTY CONFORMED COPY Herbert H. Perico, an unmarried man, ("OWNER" hereinafter) is the owner of real property commonly known as 14831 Espola Road ("PROPERTY hereinafter) and more fully described as: The Westerly 326.52 feet of the South one-half of the Southwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 6, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California according to United States Government Survey. Excepting therefrom the Southerly 177.48 feet thereof. 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 shaft 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 reasons, a attorneys' fees, from the other party. Dated: Dated: 7u// 5T/'/ 3 OWNS : ,F Herben P rico No prize CITY OF POWAY: By: obert J. Man Director of Development Seces CALIFORNRA ALL-PURPOSE ACKNOWLEDGMENT State of California // County of �i1/Y -U/ e2 Oni4/Z // Z 13 before me, �'" yGG/.i f /1//t/ /i//071,- ' 4,y1. C1 Date Here Insert Ntme and Title of the pfficer personally appeared 4NA&?Er � f C 0 Ramis) of SIgner(s) PHYLLIS SHINN Commission # 19.56215 Notary Public - California San Diego County M COMM. E ins Nov 9. 20 5 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name( is/al subscribed to the within instrument and acknowledged to me that heidtiettrk executed the same in his/ttirltit ic-authorized capacity(ii, and that b his/Er/thr signature(,on the instrument the person(, 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 hand ;Si • official seal. Signature OPTIONAL rTh Signature of Notary Public Though the information below is not required by taw, 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 ocument Title or Type of Document: D//e /149/P%~?,6+ ,976/A4 / t t 1p"6 J Document Date: .%% L I c l Z' O /3 Number of Pages: / Signer(s) Other Than Named Above: F i9 6'6 ! : N/( • / IS Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other. Signer Is Representing: RIGHTT OF S< HUIMPRINT. GNER '.. . Top of thumb here Signer's Name: O individual ❑ Corporate Officer — Titie(s): O Partner — ❑ Limited 0 General 0 Attorney in Fact O Trustee ❑ Guardian or Conservator Q Other: Signer Is Representing: RIGHTTHUMSPR)NT OF. SIGNER •