Covenant Regarding Real Property 2023-02503409/14/23, 2:12 PM
Batch 16328287 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: 321-410-11
DOC# 2023-0250340
IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Sep 14, 2023 01:55 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
Philip J. Butzen Trust 08-06-13 ("OWNER" hereinafter), is the owner of real property
commonly known as 14934 Huntington Gate Dr, Poway, CA 92064 ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B23-1165, a request to construct an Accessory Dwelling Unit ("ADU"
hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer
than 30 days. OWNER hereby agrees that the garage conversion to an ADU cannot be converted to a
main residence addition without garage replacement. Upon granting of the certificate of occupancy in
accordance with Building Permit B23-1165, there will be a maximum of two permitted housing units on
the PROPERTY.
OWNER hereby agrees that the additional bedrooms created by the conversion of the garage
to an ADU will not result in an increase in the number of residents being cared for at the PROPERTY
beyond the six already authorized for the PROPERTY by the state under the provisions of a Residential
Care Facility for the Elderly.
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 ADU 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 pro\h, ions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, includiMeasonable attorneys' fees, from the other party.
Dated:
a
Dated:
01 R,AUTHOOIZ DI°A ENT:
Philip �uen Trui_0�� t
By,
Philip J. Butze;` rush e
CITY OF PO Y.
By: r
Rd ertJ. Manis, Dir ctor'of beivi
(Signatures must be notarized)
Services
https://gs.secure-erds.com/Batch/Confirmation/l6328287 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: 321-410-11
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Philip J. Butzen Trust 08-06-13 ("OWNER" hereinafter), is the owner of real property
commonly known as 14934 Huntington Gate Dr, Poway, CA 92064 ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B23-1165, a request to construct an Accessory Dwelling Unit ("ADU"
hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer
than 30 days. OWNER hereby agrees that the garage conversion to an ADU cannot be converted to a
main residence addition without garage replacement. Upon granting of the certificate of occupancy in
accordance with Building Permit B23-1165, there will be a maximum of two permitted housing units on
the PROPERTY.
OWNER hereby agrees that the additional bedrooms created by the conversion of the garage
to an ADU will not result in an increase in the number of residents being cared for at the PROPERTY
beyond the six already authorized for the PROPERTY by the state under the provisions of a Residential
Care Facility for the Elderly.
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 ADU 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 pro ions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, includin easonplZle attornWs' fees, from the other party.
Dated:
Dated:
UTHO I, D�A ENT:
2 PhilipFb� Tru 08-
�1 By:
Phlip J. Butzn,rus e
CITY OF Pt
By: j
Ro ert J. Manis, Dir ctor'of ev(
(Signatures must be notarized)
Services
CALIFORNIA 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 l
County of et, L) J}
On (�a2CkL.,\r4f 2 %023 before me, `iS %��pS -r , poln-- I ��•b 1 G
Date Here Insert Name and Title of the Officer
personally appeared �ir`� '� � � (�
Nome(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
ELLIS WEBSTER
Notary Public • California
San Diego CountyCommission # 2452080
Comm. Expires Jul 1, 2027
Place Notary Seal and/or Stamp Above
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
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document p j
Title or Type of Document: ('00g- �� e.(r�t r rz4?�. 9 zoo "���
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 Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator
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(D2019NationalNotary • •
CALIFORNIA-• •.
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 Di-ecn c>
On &c014,-R1r before me, 011 5, uOe,6sk r Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared CA :5- prylv< S
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.
Notary Pub-1
���: >„ ELLIS WEBSTER WITNESS my hand and official seal.
�, f
:- ic - California
'� San Diego County
Commission # 2452080 —- - `
•�,:o�-' My Comm. Expires Jul 1. 2027 Signature
gnature 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:
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 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.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907