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Covenant Regarding Real Property 2022-0349289RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 317-110-34 DOC# 2022-0349289 IIIII III III11111111111111111111111111111111111111111111111111111111 Aug 31, 2022 02:39 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) COVENANT REGARDING REAL PROPERTY Pathfinder Tradewinds Poway Holdings, LLC ("OWNER" hereinafter), is the owner of real property commonly known as 13524 Hilleary Place ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-0539, a request to construct two Accessory Dwelling Units ("ADUs" hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if the ADUs are rented, the rental term shall be longer than 30 days. ADUs encroaching into the setback area for the multi -family residences must remain ADUs. Upon granting of the certificate of occupancy in accordance with Building Permit B22-0539, there will be a maximum of twenty-four 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 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. OWNER OR AUTHORIZED AGENT: Pathfinder Tradewinds Poway Holdings LLC Dated:,. Matthew Quinn, (Notarize) Title: AlWty, i CITY OF WAY: Dated: % - By: ooertJ. Manis, EbirecfoF.of D ve pment Services (Signatures must be notarized) 2.7-p0-19 CALIFORNIA• • •• 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 l ea N_)ie p On t�a,��a ' ��. before me._Rmanao. VaN C—,flnAa V— Notary Public, Date Here Insert Name and Title of the Officer personally appeared M a1QV\\t\,r \ b 4.Jt N N Namek4-of SignerW who proved to me on the basis of satisfactory evidence to be the person(o whose name( s are subscribed to the within instrument and acknowledged to me tha she/they executed the same in i5lher/their authorized capacity4es), and that b her/their signatur on the instrument the person(s), or the entity upon behalf of which the perso*( acted, executed the instrument. r✓r AMANDA KAYSNYDER Notary Public • California - San Diego County Commission # 2377903 ��►"�`My Comm. Expires Oct 31, 2025 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 Signature o Not Pu lic Place Notary Seal Above 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: 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .A 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 August 1, 2022 before me, Date personally appeared Robert J. Manis Yvonne Mannion, Notary Public _ Here Insert 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =° motif^ YVONNE MANNION Notary Public - California `N:TNESS my hand and official seal. San Diego County Commission # 2363699 My Comm. Expires Jul 1, 2025 f Signature �-t�A2 t�A_A�._ Signature of Notary Public Place Notary Seal Above 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: Covenant Regarding Real Property B22-0539 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