Covenant Regarding Real Property 2022-0348515RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
DOC# 2022-0348515
II II III I III I IIII IIII IIII I IIIII IIII IIII II II I III I III I II III
Aug 31, 2022 11:19 AM
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: 275-231-27
COVENANT REGARDING REAL PROPERTY
Atkins Trust Dated 02-07-11 and Marie -Jo Atkins Separate Property Trust Dated 12-08-10
("OWNER" hereinafter), are the owners of real property commonly known as 12738 Indian Trail Road
("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B22-0262, 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. OWNER hereby agrees that the ADU encroaching into the setback area for the main residence
must remain an ADU. Upon granting of the certificate of occupancy in accordance with Building Permit
B22-0262, 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.
OWNER OR AUTHORIZED AGENT:
Atkins Trust Dated 02-07-11
Marie -Jo Atkins Separate Property Trust Dated 12-08-10
Dated:
Marie -Jo Atkins, Trustee
Atkins Trust Dated 02-07-11
Dated:
Marie -Jo Atkins, Trustee
Marie -Jo Atkins Separate Property Trust Dated 12-08-10
CITY OF POWAY:
Dated: L/h;z,
By:
R b rt J. Mavis, ect r of bevlop ent Services
(Signatures must be notarized)
y?- - 01'1
CALIFORNIA•. • •D
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 24, 2022 before me,
Date
Yvonne Mannion, Notary Public
Here Insert Name and Title of the Officer
personally appeared Marie -Jo Atkins
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.
*my
YVONNEMANNION
Notary Public . CaliforniaSan Diego County
Commission 9 2363699
Comm. Expires Jul t, 2025
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
r' Signature of Notary Public
Lrs
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 B22-0262
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:
- - ----- -- - - - -- ---- -- - -
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA• . •D
-A � A .A .A .A .A .�. m1 .W .W 91 .. W .W Q• .A W .W W .A ., M .W .A N .W .W .W .A W .W, .A .W .W .A .W .A A .O?..W .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 24, 2022 before me, Yvonne Mannion, Notary Public
Date 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.
• - > F YVONNE MANNION
Nctary public - California
` San Diego County >
Commission k 2363699
`• .�"'� My Comm. Expires Jul t, 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 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 B22-0262
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
f l 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:
02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907