Covenant Regarding Real Property 2022-0449314RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074-0789
APN: 314-611-11
DOC# 2022-0449314
Nov 28, 2022 08:45 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)
COVENANT REGARDING REAL PROPERTY
Michael D. and Jennifer M. Harty ("OWNER" hereinafter), are the owners of real property
commonly known as 12767 Casa Avenida ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17,08.180(A)(14) and in consideration of the
approval of Building Permit B22-0626, a request to establish 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 garage conversion to an ADU cannot be converted to a
main residence addition without parking replacement. Upon granting of the certificate of occupancy in
accordance with Building Permit B22-0626, 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:
Michaql D. and Jennifer M. Harty
Dated: — 71
Michael D. Harty, Owner
Dated: 'I I I 12o2- -7
�fifer M. Harty, Owner
CITY OF PQWAY:
Dated: By:
RobjR J. Manis, DTjectorSrVeV lop nt Services
(Signatures must be notarized)
2.2--115
CALIFORNIA ALL-PURPOSE• • ,
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 1, 2022 before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Jennifer M. Harty and Michael D. Harty
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.
OYVONNE MANNION WITNESS my hand and official seal.
Notary Public California Z
rSan Diego County
Commission # 2363699
My Comm. Expires Jul 1, 2025 Signature
f ~ Signature of 6tary 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 B22-0626
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.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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 San Diego
)
On September 1, 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.
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
WITNESS my hand and official seal.
.= - California
Z == San Diego County
Commission # 2363699
/
j
Signature A'a
My Comm. Expires Jul t, 2025
' 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 B22-0626
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] 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