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Covenant Regarding Real Property 2023-01377325/25/23, 3:25 PM Batch 15782635 Confirmation RECORDING REQUEST BY: Lm"iTni1711'A WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 314-840-10 DOC# 2023-0137732 May 25, 2023 02:28 PM 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 Elan D. Lee ("OWNER" hereinafter), is the owner of real property commonly known as 13321 Del Poniente Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and. in consideration of the approval of Building Permit B22-1902, 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- 1902, 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 A ORIZE AGE Elan D. Lee ANIAHENRY Notary Public - Seal Marion County - State of Indiana Commission Number N"744616 Dated: 2 b My Commission Expires Oct 30, 2030 IElan D. Lee, Owner CITY OF POWAY: Dated: % 23 By: ob rt J. Manis, birecto of deve Opment Services (Signatures must be notarized) https://gs.secure-recording.com/Batch/Confirmation/l5782635 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: 314-840-10 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Elan D. Lee ("OWNER" hereinafter), is the owner of real property commonly known as 13321 Del Poniente Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-1902, 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- 1902, 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: ® � -t 3 / Z 6 -�' OWNER OR AUT ORIZE Elan D. Lee Elan D. Lee, Owner CITY OF POWAY: Dated: l 17i3 By:X"X �/ obhrt J. Manis, hire (Signatures must be notarized) / ANIA HENRY Notary Public - Seal Marion County - State of Indiana Commission Number NP0744616 My Commission Expires Oct 30, 2030 of Development Services ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE •D 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 16, 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. 40MY YVONNE MANNIONNotary Public - California San Diego County CommissionA 2363699 Comm. Expires Jul 1, 2025 r 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. Signatur ,. Signature of otary 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 Document Date: Signer(s) Other Than Named Above: ing Real Property B22-1902 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.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NOTARY ACKNOWLEDGMENT State of Indiana ) County of Marion } I, a Notary Public, hereby certify that Elan Lee whose name is signed to the foregoing Covenant Regarding Real Property B22-1902, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she executed the same voluntarily on the day the same bears date. Given under my hand this ai day of , in the year A - ,LAMA 11t`MBY Hotaty pu6dic - 5rai Mai an COWAY - 5 to to qt I'lol ar5a tamm(uion txunrbar NPi7)4'(bi6 r Cozirit{3VVO txPift$ tltt 30, 2030 ' '4. C jP4 (signature of the notarial ice) Title (and Rank): n My commission expires: tb - 3a .3b