Covenant Regarding Real Property 2023-0003059RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 314-020-57
DOC# 2023-0003059
II II III I III I IIII II I IIII I III I IIIII II II I I IIIII I I I III III
Jan 05, 2023 11:31 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $20.00 (SB2 Atkins: $0.00)
PAGES: 3
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Martinez Family Trust Dated 10-25-94 ("OWNER" hereinafter), is the owner of real property
commonly known as 15246 Hilltop Circle ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B22-0727, 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 B22-0727, 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 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.
Dated:i''
Dated: h� Z,
OWNER OR AUTHORIZED AGENT:
Martinez Family Trust 10-25-94
Albert 1-66 Martinz, Trusted
CITY OF POWAY:
J. Man
(Signatures must be notarized)
ment Services
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 December 8, 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.
5� "L 0, YVONNE MANNION
Notary Public ` California
Z = San Diego County 5;
Commission # 2363699
My Comm. Expires Jul 1, 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 B22-0727
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
n Other -
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthPr-
Signer Is Representing:
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 —
Name and Title of the Officer
who proved to me on the basis of satisfactory evidence to be the person whose nae
Qh
bscribed to the within instrument and acknow edged to me that he executed the samn
is °/tfier authorized caacitys), and that b is h t signature on t e 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 and official sea!`
90my
JESSICA MILLSNotary Public - CaliforniaSan Diego County
Commission N 2410424 Comm, Expires Aug 7, 2026 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 C
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
M
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Fl 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
I I Other:
Signer Is Representing:
02015 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907