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Covenant Regarding Real Property 2023-00621723/10/23, 11 :57 AM RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY CA 92074-0789 APN:2752703700 Batch 15447979 Confirmation DOC# 2023-0062172 1111111111111111111111111111111111111111111111111111 ll1111111111111111 Mar 10, 2023 11 :42 AM 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 Cohn Family Trust dated 05-05-1999 ("OWNER " hereinafter), is the owner of real property commonly known as 13663 Paseo De La Huerta ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17 .08.180(A)(14) and in consideration of the approval of Building Permit 822-2486, 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 residenc 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 822-2486, 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: Dated: _3..:::...)J_~_1JJ_t.::_3_ Cohn Family Trust dated 05-05-1999 f)W"fl'>.~~r~e. David Cohn, Owner!Tru'stee Dated: _.3--'-/_7-'--/ ?-_(l_t'3 __ Dated: _:3 ___ /lo ............. {__.._t:3_ (Signatures must be notarized) https ://gs .secure-recording .com/Batch/Confirmation/1544 7979 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 :2752703700 COVENANT REGARDING REAL PROPERTY Cohn Family Trust dated 05-05-1999 ("OWNER" hereinafter), is the owner of real property commonly known as 13663 Paseo De La Huerta ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17 .08 .180(A)(14) and in consideration of the approval of Building Permit B22-2486, 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 residenc 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 B22-2486, 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: Cohn Family Trust dated 05-05-1999 f)~ "ft). Ci.-7r vih,e, David Cohn, Owner/Tru'stee Dated: J /7 /?.JJJ_;?i ---'----'------- Dated : (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 ind ividual 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 March 6, 2023 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n~, _N_o_ta~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_is _____________ _ 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. J e e : •• ;o:N;MA:Nl;N •• f -' '~ Notary Public · Californi : ! · ; San Diego County ! ; · f 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. Signature of Notary Public ----------------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 822-2486 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partne r -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing : _________ _ Signer Is Representing : _________ _ ~'@&..__~~'@_~~~ ©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 :Sau j) 1(;; 46 On 3 • -==1 -ZO:Z..!:? before me, 1l o 6~te..""r ~ tz_e___ Notary Public, Date Here Insert Name and Title of the Officer personally appeared --~l;:,,\-~~"~,t:>~~Cc~H~V~-=A=tJ=b..~~1)~6_f2._u'.l~IJ-~Qo~.u_U~----- 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 PENAL TY OF PE RY unde e laws of the State of Californi that th oin pa agraph is true and correct. fAAt>tShdltr -e, :mn, Gt e e, ~ • "' . ROBERT HARR :;~\ Notary Pu_biic · Cal i fornia 1 ~ -,,._,,, •. _,. ,:,;a , San Diego County ~ ' ~~j:'."1 Co mmission;: 2298649 - •, '"'-My COJn m. Ex pires Aug 21. 2023 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: ___________________ Number of Pages : _____ _ Signer{s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title{s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~ ©2016 National Notary Association• www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907