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Covenant Regarding Real Property 2023-00763213/24/23, 4:29 PM Batch 15507243 Confirmation RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 278-423-3400 DOC# 2023-0076321 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Mar 24, 2023 11:58 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 Zook Family 1992 Trust 01-10-92 ("OWNER" hereinafter) is the owner of real property commonly known as 14386 Twisted Branch Rd ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B22-2769, a request to construct a detached non -habitable accessory structure(garage) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached non -habitable accessory structure (garage) shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non -habitable structure shall never be rented or leased as a separate unit. 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 detached non - habitable accessory structure (garage) 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: Dated: Dated: IC1 2 -3 OWNER OR AUTHORIZED AGENT: Zp-ok-Family 1992 Trust 01-10-92 Dennis R. Kristen L. Zook; rustee CITY OF P AY: By: ez - -,,Z odert J. Manis, Virectoir ot6event Services https://gs.secure-recording.com/Batch/Confirmation/l 5507243 1/2 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 278-423-3400 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Zook Family 1992 Trust 01-10-92 ("OWNER" hereinafter) is the owner of real property commonly known as 14386 Twisted Branch Rd ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B22-2769, a request to construct a detached non -habitable accessory structure(garage) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the detached non -habitable accessory structure (garage) shall never be used as habitable space; shall not have kitchen facilities, heating, or air conditioning; and the non -habitable structure shall never be rented or leased as a separate unit. 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 detached non - habitable accessory structure (garage) 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 OWNER OR AUTHORIZED AGENT: Zp kFamily 1992 Trust 01-10-92 Dennis R. Zook, Dated: ' Kristin L. Zook; Trustee /� CITY 074i Y: X , 'ILI Dated: �7` 2 3 By: -Wo'dert J. Manis, Vrectcr o ev ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ,� �,;,.n,-✓.;-.r�-�r��-io�re.r�r��.c-v^,�f•,r!'.c•C",cP.c�.c-�S'z ,cam �.c�.c� ���-rrrc-�G.c�a,�r�-C,cacP 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 March 16, 2023 before me, Date personally appeared Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer rlonnic P 7nnit anrd Kristin L_ Zook 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 nerson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my YVONNE MANNION Notary Public • California San Diego County > Commission N 2363699 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 B22-2769 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 n+h,-r 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: ©2016 National Notary Association •�www.NationalNotary. org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1�^,ear.,cC.,rt`crc�^,c�P;c>C>,c�,cK`.cif".s�P,c-�L4�C:;�r�,c�C,c,�P,c,c,"s-�<�sCsi 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 March 15, 2023 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. YVONNEMANNION WITNESS my hand and official seal. Notary Public - California San Diego County > Commission 4 Z363699 Signature ll` "r) j" j My Comm. Expires Jul 1, 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 B22-2769 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 nthPr- 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: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907