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Covenant Regarding Real Property 2023-01261755/15/23, 11:35 AM Batch 15730259 Confirmation RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 323-180-21 DOC# 2023-0126175 Illllllllllllllllllllllllllllllllllllillllllllllllllllllllllllllllllll May 15, 2023 10:14 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 Praus Lee and Tiffany McCabe ("OWNER" hereinafter), are the owners of real property commonly known as 13530 Olive Tree Lane ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-1177, 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. Upon granting of the certificate of occupancy in accordance with Building Permit B22- 1177, 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. Dated: V- q ) z3 Dated: 51 q ,? ut5 Dated: OWNER OR AUTHORIZED AGENT: Praus Lee and Tiffany McCabe Praus Lee, Owner qvcb"�� Tiffany McCabe, Owner CITY OF POWAY: By: og9rt J. Manis irecto of De opment Services (Signatures must be notarized) https:Hgs.secure-recording.com/Batch/Confirmation/15730259 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: 323-180-21 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Praus Lee and Tiffany McCabe ("OWNER" hereinafter), are the owners of real property commonly known as 13530 Olive Tree Lane ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-1177, 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. Upon granting of the certificate of occupancy in accordance with Building Permit B22- 1177, 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: Praus Lee and Tiffany McCabe Dated: 9_1q%A-0z3 Praus Lee, Owner Dated: ✓ q 2-v2�3 Tiffany McCabe, Owner CITY OF POWAY: Dated: By: Rodert J. Manis,/Director/of Dev_efopment 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 5'a�i, D ONX 1, A d, / On sYgl 7-3 before me, hoc V f �/1 '�'= Notary Public, Date Here Insert N�me and Title of the Officer personally appeared FC.0, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/if) subscribed to the within instrument and acknowledged to meMat at he/she/to executed the same in his/her/tk authorized capacity(ies), and that by his/her/ ei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acte , executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my-ba d and official seal. b M # LEE Q GOMM: #2406380 Signature }m Notary Public -California A .. San Diego County Signature of Notary Public Comm. Ex ire Ma 31 2026 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: 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: Number of Pages: 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 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 May 2, 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. YVONNE MANNION WITNESS my hand and official seal. Notary Public - California = San Diego County Commission # 2363699 Signature. 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 Regrding Real Property B22-1177 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 rl 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: ti`r��%C>�c.ciL�`L£�c;4K��x�cti:`r%G`r'�`�C:`�G��o�%C�`�i`��'C�?s�.`�G`�CS��:c`�C��:[5`��L`r%EFt�Zs�.•>c��_`�<s��`��`�'G�' 02016 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907