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Covenant Regarding Real Property 2023-0039698RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 275-352-03 DOC# 2023-0039698 I IIIIII III I 11111111 IN 11111111111111111111111111111111111111111111 Feb 15, 2023 03:59 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 Pierce/Hatleberg Family Trust 07-29-11 ("OWNER" hereinafter), is the owner of real property commonly known as 12842 Indian Trail Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-2330, a request to construct a Junior Accessory Dwelling Unit ("JADU" hereinafter at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the JADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the JADU encroaching into the setback area for the main residence must remain an JADU. OWNER hereby agrees that either the main residence or JADU must be owner occupied at all times. Upon granting of the certificate of occupancy in accordance with Building Permit B22-2330, 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 JADU 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: Pierce/Hatleberg Family Trust 07-29-11 Dated: Jones Rhineheart Pierce III, Trustee CITY OF POWAY: Dated: % Zb 2 By: Robe I J. Manis, Dj ecto� of lkeljent Services (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 APN: 275-352-03 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Pierce/Hatleberg Family Trust 07-29-11 ("OWNER" hereinafter), is the owner of real property commonly known as 12842 Indian Trail Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-2330, a request to construct a Junior Accessory Dwelling Unit ("JADU" hereinafter at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the JADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the JADU encroaching into the setback area for the main residence must remain an JADU. OWNER hereby agrees that either the main residence or JADU must be owner occupied at all times. Upon granting of the certificate of occupancy in accordance with Building Permit B22-2330, 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 JADU 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: Pierce/Hatleberg Family Trust 07-29-11 Dated: ) "7 ` 2_j5 Z�'3 LII h Jodn'es Rhineheart Pierce III, Trustee CITY OF POWAY: doz- Dated:-, By: Rotted J. Manis, D}Fectorof Die 71'ent� Services (Signatures must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �C'�,�•r.�•!�,e�s�.cal'.e=Cam`,c�(`,Ftrc�'>.r-C`,c,C�,�'-�'�(`�.c=�,c-F.c-�C',cdc�,c�rc-rc•A.c•Y`,c•t�,c�lu'=C�;c=�C',c;l�.c:�".,t�`,c�C`,c,t'1F�P,r'Y- ',�rc�f",e=tScr�,ca-,c�F,c,C�. 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 February 7, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Jones Rhineheart Pierce III 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. 45�-'.,°:_'y�, YVONNE MANNION "' Notary Public - California x ` - San Diego County > = Commission # 2363699 "oa"� My 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 jW titi..�_ /L st,�.,� 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 B22-2330 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 n 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 30, 2023 before me, Yvonne Mannion, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Names) 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. OYVONNEMANNION '< Notary Public - California San Diego County>Commission N 2363699 My 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. SignatuDk� 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 B22-2330 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 nth P.r- Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907