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Covenant Regarding Real Property 2023-0011356RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 321-360-01 DOC# 2023-0011356 IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIN Jan 13, 2023 04:03 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 MACLAURIN LIVING TRUST 09-17-09 ("OWNER" hereinafter), is the owner of real property commonly known as 16155 Poway Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B21-0703, a request to construct a detached non -habitable, accessory structure 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. 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: Dated: OWNER OR AUT ORI D AGENT: Maclaurin Lirtlinq ust 9-17-09 Justir(R\Maclaurin, Trustee (Signatures must be notarized) M !s 23 ~V 43 RECEIVED REQUEST TO E-RECORD DOCUMENTS Requested By: Hector Salgado/Marisa Smyth Document Title: Covenant Regarding Real Property Contact/Owner Name`: Maclaurin Living Trust/Justin R. Maclaurin Property Address/APN: 16155 Poway Road/321-360-01 Notes (If applicable): Check appropriate boxes: Date: 1/11/2023 JAN 112023 CITY OF POWAY CITY CLERK'S OFFICE Page Count: 3 Notary certificate attached ❑✓ Yes ❑ N/A Certificate of Acceptance ❑ Yes ❑✓ N/A (Must be included with all Easements and Grant Deeds - Resolution No. 17-007) Need City Seal? ❑ Yes ❑✓ N/A Check/Money Order included ❑✓ Yes ❑ N/A (Payable to City of Poway) If it is of benefit to the City, there is no fee. If it is not of benefit, provide a check made payable to the City of Poway. The standard fee is $14.00 for the first page, $3.00 for each page thereafter if it is not a Real Estate Fraud Fee.. Please visit the County Recorder's website for the most up to date recording fees. "Real Estate Fraud Fees; Deed of Trust, Notice of Trustee Sale, Assignment of Deed of Trust, Reconveyance, Notice of Default, Substitution of Trustee, Request for Notice, Notice of Rescission of Declaration of Default Please submit by 2 p.m. for same day recordation. For City Clerk's Office Use Only Secure ID #: Sent by (initials): 3K-= Tracking #: 'VS- 0)3 Rejection Date: RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 321-360-01 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY MACLAURIN LIVING TRUST 09-17-09 ("OWNER" hereinafter), is the owner of real property commonly known as 16155 Poway Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B21-0703, a request to construct a detached non -habitable, accessory structure 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. 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: ( Z v ?"Z Dated: 1 Z &` .Z1 OWNER OR AUT ORI D AGENT: Maclaurin Li�ing ust 9-17-09 1 y Justi CIT) aurin, Trustee (Signatures must be notarized) S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �rc�ss��ss�-��,�,c�r�,�,�-�,c-r�s��-�'�-r.�•r,M.�-�rrrx-ac-remcereY,�-•c�;rrc�,r��S�-r�,�rctioe�o;� ct-�� =rc�r 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 December 8, 2022 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. *My YVONNE MANNION Notary Public - CaliforniaSan Diego CountyCommission N 2363699 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 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 B21-0703 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: ©2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA-• • OD 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 �C ) County of S;w On )Z ` ?� . 7,02-2- before me, Jk(jN) CiEkLL WleVu&6�i Notary Public, Date Here Insert Name and Title of the Officer personally appeared J US< «J YL WVSC � AQ PI.l [4 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. oFly JASON CARL WEEDING = 11AEU ��, COMM # 2353070 ;;zl i _ J SAN DIEGO County;�: r California Notary Public"'' Comm Exp Mar. 26, 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 ha an officia eal. Signature ture of Nota lic 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: coo& Document Date: 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: Number of Flages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907