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Covenant Regarding Real Property 2023-01672416/27/23. 10:12 AM Batch 15920908 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: 275-341-2000 DOC# 2023-0167241 Illllllllllllllllllllllllllllllllllillllllllllllllllllllllllllllllllll Jun 27, 2023 09:49 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 Blue Wave Real Estate, Inc ("OWNER" hereinafter) is the owner of real property commonly known as 13654 Sagewood Dr ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B22-3246, a request to construct an attached non -habitable, accessory structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the attached non -habitable accessory structure 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 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 AUTHORIZ GEN Blue Wave sta , In Dated: L Brian y, C CITY OF POWAY: 41-1 Dated: By: ld2�4�_l 1, - lze4� o ert J. Manis, it ctor f D vel pment Services (Signatures must be notarized) https://gs.secure-recording.com/Batch/Confirmation/l 5920908 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: 275-341-2000 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Blue Wave Real Estate, Inc ("OWNER" hereinafter) is the owner of real property commonly known as 13654 Sagewood Dr ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B22-3246, a request to construct an attached non -habitable, accessory structure at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the attached non -habitable accessory structure 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 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 AUTHORIZ G E N/2- S_ . Blue Wave sta , In � Dated: � L Brian ly, C CITY OF P WAY: Dated: l(i By: /03 o ert J. Manis, it ctor f D vel pment 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 June 7, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer 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. ,Et .;'° r f YVONNE MANNION Notary Public - California - San Diego County Commission # 23631699 ~ + «oa"' My 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 ` �v"j t_ 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 B22-3246 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 ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nrhPr- Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT documents, accuracy, y, certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On June �� 2023 before me, _Ash Nickle, Notary Public Date Here Insert Name and Title of the Officer personally appeared R� �011 Z' who proved to me on the basis of satisfactory evidence to be the persoro)-whose names} is/are-subscribed to the ASH NICKLE within instrument and acknowledged to me that he/she/they executed the same in his/hedthefr authorized capacity( ee ), U ti' Y''. Coim. # 2339548 rlIA N NOT--NOT--Y PUc3o and that by his/heogftlair signature(s)-on the instrument the person(a or the entity upon behalf of which the persorT s) COUNTY s 1, o1xv. acted, executed the instrument. JAN. 3v Mr�Cs,+��. E��. Jari. 3, 2� 025 � 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 Place Notary Seal Above Signatu otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number/of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer —Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: