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Covenant Regarding Real Property 2023-027398610/10/23, 1:18 PM Batch 16457850 Confirmation RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 314-242-0500 DOC# 2023-0273986 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Oct 10, 2023 11:40 AM 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 RAASCH FAMILY TRUST 09-28-28 ("OWNER" hereinafter), are the owners of real property commonly known as 13647 Somerset Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-2601, 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 ADU encroaching into the setback area for the main residence must remain an ADU. Upon granting of the certificate of occupancy in accordance with Building Permit B22-2601, 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 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 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: RAASCH FAMILY TRUST 09-28-28 4) Dated: /® 3 —c Robert W. Raasc rustee dz,?,&,, -, d Dated: 16 6 a eat er J. Raasch, T u ee CITY OF POWAY: Dated: !aL By: ///Z,//V, -4 zla�rf� R b rt J. Manis, D ect r of devel Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/16457850 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: 314-242-0500 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY RAASCH FAMILY TRUST 09-28-28 ("OWNER" hereinafter), are the owners of real property commonly known as 13647 Somerset Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-2601, 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 ADU encroaching into the setback area for the main residence must remain an ADU. Upon granting of the certificate of occupancy in accordance with Building Permit B22-2601, 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 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 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: RAASCH FAMILY TRUST 09-28-28 Dated: Robert W. Raasc , rustee Dated: ICU eat er J. Raasch, ee CITY OF POWAY: Dated: ! By: _. _'. 0 / // R b rt J. Manis, D ect r of llevepme t Services (Signatures must be notarized) CALIFORNIA• • •D 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 � r re S-. a ) On LO tot UZ3 before me, lid 1 01b Notary Public, Date �7 " Here Insert Name and Title of the Officer personally appeared Q,��Oe('} _ Y.�aSr� 4 �Af c_AA' _ _ c 'e C Name(s) of Sigder(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—i *my ELUS WEBSTER Notary Public -eoSan Diego County Commission k 2452080 Comm. Expires Jul t, 2027 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): C Partner — ❑ Limited ❑ General 1_7 Individual ❑ Attorney in Fact i.: Trusteei7 Guardian or Conservator C Other: Signer Is Representing: Number Signer's Name: D Corporate Officer — Title(s): El Partner — it Limited ❑ General J Individual ❑ Attorney in Fact El Trustee n Guardian or Conservator iD Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA•• • •D 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 On 10 l iQ I7,023 before me, 1�\S 066,- fe-,� Notary Public, Date Here Insert Name and Title of the Officer personally appeared V10 k2puk A41'Yl 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. �5� rrF ELLIS `NEBSTER Notary Public • California San Diego County Commission S 2452080 My Comm. Expires Jul 1, 2027 Place Notary Seal Above 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 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: vCt1&, - 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: ra (Ic t 4 Number 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