Covenant Regarding Real Property 2023-01670616/27/23, 9:50 AM
Batch 15920569 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: 321-272-28 Project No. MDRA 20-013
DOC# 2023-0167061
I IIIIII IIIII IIIII III1I IIII IIII II IIIil lll1111111 IIH 11A 1111111111111
Jun 27, 2023 08:58 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $23.00 (SB2 Atkins: $0.00)
PAGES: 4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Whereas Michael Sandler and Linnea Sandier, PROPERTY OWNERS ("OWNER" hereinafter), is
the owner of real property commonly known as Assessor Parcel Number 321-272-28 ("PROPERTY
hereinafter) and at 14091 Murel Trail.
Pursuant to Poway Municipal Code Section 17.02.010 and in consideration of the approval of
Building Permit B21-1203 which is a request to construct a residence at the above -referenced property by
the City of Poway ("CITY" hereinafter), OWNER hereby agrees to the following requirements:
A. City approval shall be obtained from the Development Services Department, Planning Division, prior
to the removal of habitat beyond the building pad, fire management zones, access driveway and
areas reserved for primary leach field, as shown on the approved Minor Development Review
Application 20-013 plans approved July 14, 2020, on file in the Development Services Department,
Planning Division. Mitigation for any additional removed habitat shall be completed by the property
owner to the satisfaction of the Director of Development Services.
B. The PROPERTY is a lot within Final Map 14940, a lot -averaged subdivision and the subject lot
cannot be further subdivided.
C. The PROPERTY is located within the Very High Fire Hazard Area. As such the development of
a residence on the PROPERTY, pursuant to Minor Development Review Application MDRA20-
013 on file with the City of Poway ("CITY" hereinafter), requires the implementation of a
landscape and irrigation plan designed in accordance with the CITY Landscape and Irrigation
Design Manual ("Manual" hereinafter).
In consideration of the approval of development on the PROPERTY, the OWNER
acknowledges and agrees to maintain in perpetuity the improvements specified on the
landscape and irrigation plan LP22-0019 on file with the CITY ("PLAN" hereinafter). The
OWNER also acknowledges and agrees that proposed changes to the improvements specified
on the PLAN require CITY approval before they are made to ensure compliance with the
Manual. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY
may require an amendment to the PLAN and the payment of plan review and inspection
fees. The OWNER acknowledges and agrees that no habitat clearing or improvements to the
PROPERTY is permissible beyond that which is specified within the approved PLAN, except if
the PLAN is modified and approved by the CITY.
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.
httnsJ/as.secure-recordina.com/Batch/Confirmatinn/159205fi9 119
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
(This space for Recorder's Use)
APN: 321-272-28 Project No. MDRA 20-013
COVENANT REGARDING REAL PROPERTY
Whereas Michael Sandler and Linnea Sandler, PROPERTY OWNERS ("OWNER" hereinafter), is
the owner of real property commonly known as Assessor Parcel Number 321-272-28 ("PROPERTY
hereinafter) and at 14091 Murel Trail.
Pursuant to Poway Municipal Code Section 17.02.010 and in consideration of the approval of
Building Permit B21-1203 which is a request to construct a residence at the above -referenced property by
the City of Poway ("CITY" hereinafter), OWNER hereby agrees to the following requirements:
A. City approval shall be obtained from the Development Services Department, Planning Division, prior
to the removal of habitat beyond the building pad, fire management zones, access driveway and
areas reserved for primary leach field, as shown on the approved Minor Development Review
Application 20-013 plans approved July 14, 2020, on file in the Development Services Department,
Planning Division. Mitigation for any additional removed habitat shall be completed by the property
owner to the satisfaction of the Director of Development Services.
B. The PROPERTY is a lot within Final Map 14940, a lot -averaged subdivision and the subject lot
cannot be further subdivided.
C. The PROPERTY is located within the Very High Fire Hazard Area. As such the development of
a residence on the PROPERTY, pursuant to Minor Development Review Application MDRA20-
013 on file with the City of Poway ("CITY" hereinafter), requires the implementation of a
landscape and irrigation plan designed in accordance with the CITY Landscape and Irrigation
Design Manual ("Manual" hereinafter).
In consideration of the approval of development on the PROPERTY, the OWNER
acknowledges and agrees to maintain in perpetuity the improvements specified on the
landscape and irrigation plan LP22-0019 on file with the CITY ("PLAN" hereinafter). The
OWNER also acknowledges and agrees that proposed changes to the improvements specified
on the PLAN require CITY approval before they are made to ensure compliance with the
Manual. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY
may require an amendment to the PLAN and the payment of plan review and inspection
fees. The OWNER acknowledges and agrees that no habitat clearing or improvements to the
PROPERTY is permissible beyond that which is specified within the approved PLAN, except if
the PLAN is modified and approved by the CITY.
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 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:
Michael and Linnea Sandler
Dated: �l�! �•23 v/��l�N�+•C ��
Michae ndler, Owner (Notarize)
Dated:
Linnea Sandler, Owner (Notarize)
CITY OF PO AY:
Dated: ✓ ` -3 By:
Robert Jj Manis, Direct of
(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 21, 2023
Date
personally appeared
before me, Yvonne Mannion, Notary Public
Here Insert Name and Title of the Officer
Michael Sandler and Linnea Sandler
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.
---- -------
OM YVONNE MANNION
Notary Public • California
San Diego County
Commission N 2363699
y Comm. Expires Jul t, 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 c 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 MDRA20-013
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
❑ 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 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.
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.
YVONNE MANNION
z j•, Notary Public, California
San Diego County > Signature
Commission rk 2363699 a1.00.N� My Comm, Expires Jul 1, 2015Signature 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 MDRA20-013
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
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907