Covenant Regarding Real Property 2023-0025087DOC# 2023-0025087
RECORDING REQUEST BY: )11111111111111I111111111111111111111111111111111111111111I
Jan 31, 2023 11:30 AM
CITY OF POWAY )
OFFICIAL RECORDS
JORDAN Z. MARKS,
WHEN RECORDED MAIL TO: )
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
CITY CLERK )
PAGES: 3
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
)
(This space for Recorder's Use)
APN: 278-441-40
COVENANT REGARDING REAL PROPERTY
Michael T. Booker and Cheryl K. Booker ("OWNER" hereinafter), is the owner of real property
commonly known as 13862 Deergrass Court ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval
of Building Permit B22-1221, 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 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. There is one permitted housing unit on the PROPERTY;
additional housing unit may be permitted per the Poway Municipal Code.
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.
Dated: i P M 3
Dated: I 119 t °
OWNER OR AUTHORIZED AGENT:
Michael T. Booker and Cheryl K. Booker
Michael T. Booker, Owner
Cheryl K. Booker, Owner
CIT`
Dated: 5-' 2-3 By:
�s
(Signatures must be notarized)
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
AP N: 278-441-40
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Michael T. Booker and Cheryl K. Booker ("OWNER" hereinafter), is the owner of real property
commonly known as 13862 Deergrass Court ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval
of Building Permit B22-1221, 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 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. There is one permitted housing unit on the PROPERTY;
additional housing unit may be permitted per the Poway Municipal Code.
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.
Dated: 11IN27
Dated: I V 19 jx3
OWNER OR AUTHORIZED AGENT:
Michael T. Booker and Cheryl K. Booker
Michael T. Booker, Owner
Cheryl K. Booker, Owner
CITI
Dated: / J Z3 By:
(Signatures must be notarized)
�s
Z 069
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 Dieqo )
On January 5, 2023 before me,
Date
personally appeared
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.
�5E` ;°c,rtiF YVONNE MANNION
Notary Public - California
i s^ San Diego County
Commission 112363699
�LirO0.M� My Comm. Expires Jul 1, 2025
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
0- 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:
rding Real Property B22-1221
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 January 17, 2023 before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Michael T. Booker and Cheryl K. Booker
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.
5� YVONNE MANNION WITNESS my hand and official seal.
Notary Public - California
_ San Diego County
z ° Commission a 2363699 Signature
`' Faa"� 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 B22-1220
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
I-1 Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
I-1 Other:
Signer Is Representing:
02016 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907