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Covenant Regarding Real Property 2023-00564873/6/23 , 2 :12 PM RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) ) APN : 323-060-08 Batch 15425358 Confirmation DOC# 2023-0056487 111111111111 lllll 11111111111111111111 lllll 1111111111111111111111111111 Mar 06, 2023 01:12 PM OFFICIAL RECORDS JORDAN Z. MARKS , SAN DIEGO COUNTY RECORDER FEES : $20.00 (S82 Atkins: $0.00) PAGES :3 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY RAHIMZADEH FAMILY REVOCABLE TRUST 11-13-06 ("OWNER" hereinafter), is the owner of real property commonly known as 13016 Claire Drive ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-0308, a request to construct a Junior Accessory Dwelling Unit ("JADU" hereinafter) at the above-referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the JADU is rented, the rental term shall be longer than 30 days . OWNER hereby agrees that the garage conversion to an JADU cannot be converted to a main residence addition without parking replacement. OWNER hereby agrees that either the main residence or JADU must be owner occup ied at all times . Upon granting of the certificate of occupancy in accordance with Building Permit B22-0308, 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 JADU 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: /0-/J-.202.2 Dated: _/_D+--l5-+-/_2,_7-_. _ , t OWNER OR AUTHORIZED AGENT: RAHIMZADEH FAMILY REVOCABLE TRUST Hassan Rahimzadeh, Trustee By : ..,,._.µL...~~____,=-,r..-=--..,.£,-J.,-4-~"'-"----1--- Services (Signatures must be notarized) httn<::·//n<:: s:.,,,, ir1>-r1>r.nrrlinn r.om/R::itr.h/Confirm::ition/1 !i42 !i~!i8 1/2 RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) ) (This space for Recorder's Use) APN : 323-060-08 COVENANT REGARDING REAL PROPERTY RAHIMZADEH FAMILY REVOCABLE TRUST 11-13-06 ("OWNER" hereinafter), is the owner of real property commonly known as 13016 Claire Drive ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit 822-0308, a request to construct a Junior Accessory Dwelling Unit ("JADU" hereinafter) at the above-referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the JADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the garage conversion to an JADU cannot be converted to a main residence addition without parking replacement. OWNER hereby agrees that either the main residence or JADU must be owner occupied at all times. Upon granting of the certificate of occupancy in accordance with Building Permit 822-0308, 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 JADU 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: RAHIMZADEH FAMILY REVOCABLE TRUST Dated: /0 -// -.202.2 Hassan Rahimzadeh, Trustee Dated: Ioli,/ t-Z... --,,---,.., ----By: +.-4JL-¥~~....!::::::~__,.£l....,q..~::::::+::...:...._1--__ Services (Signatures must be notarized) 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 October 11 , 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n~, _N_o_ta_r~y_P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared ________ H_a;_s_s;;_a_n_R_a_h_i-'--m_z_a_d_;_e~h ___________ _ 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. ........ l YVONNE MANNION Notary Pub lic • California z San Diego County ~ Commiss ion # 2363699 - y Comm. Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------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 822-0308 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact □ Individual □ Attorney in Fact D Trustee D Guardian or Conservator D Trustee □ Guardian or Conservator D Other: _____________ _ □ Other: _____________ _ Signer Is Representing : _________ _ Signer Is Representing: _________ _ ~~~~~~~~~~~'g(;.~~~~~ ©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 San Diego on October 11, 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n~, _N_o_t_a~ry~P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared ______ R_o_b_e_rt_J_. _M_a_n_i_s _______________ _ 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 YVONNE MANNION Notary Public • California z San Diego County ~ Commission # 2363699 My Comm . Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------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 APN: 822-0308 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title{s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~%~'g:,__~'g(,~~~'%~~~~~'%~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907