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Covenant Regarding Real Property 2023-027713510/12/23, 1:13 PM Batch 16474092 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: 278-441-0400 DOC# 2023-0277135 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Oct 12, 2023 12:40 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 FAITH 5 FAMILY TRUST ("OWNER" hereinafter), are the owners of real property commonly known as 15855 Riparian Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-1505, 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 JADU is rented, the rental term shall be longer than 30 days. 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 B23-1505, there will be a maximum of three 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 and 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. OWNE R AUTHORIZED AGENT: FAIT 5 1 LY TRU Dated: 01 3 l Da e L. Cu s, T ustee Dated: �� 3 Mich le CuriA, Tr tee CITY OF POWAY: Dated: 0 `7i� By: Rdb4rJ. Manic, D ector o ev lop ent Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/l6474092 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: 278-441-0400 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY FAITH 5 FAMILY TRUST ("OWNER" hereinafter), are the owners of real property commonly known as 15855 Riparian Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-1505, 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 JADU is rented, the rental term shall be longer than 30 days. 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 B23-1505, there will be a maximum of three 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 and 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. OWNE - R AUTHORI ED AGENT: FAIT 5 F ILY TRU Dated: U� 3 Da e L. Cu -s, T ustee Dated: Mich ale Gurus, Tr stee CITY OF POWAY: Dated: Q Z By: • R&qtrJ. Manis, Director o evelop ent Services �. (Signatures must be notarized) CALIFORNIA-. O. 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 p ) County of lso-j , tl ) On rn- Ce - M73 before me, Notary Public, Date Here Insert Name and Title of the Officer personally appeared b4i _ L. Ct 3eT %S "A�, 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 tlje�instrAnent. ^ I certify under PENALT of the State of Californi ROBERT HARR is true and cor Ct- Notary Public - California San Diego County *my WITN my hand ano Commission # 2458583 Comm. Expires Aug 21, 2027 Signature of 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.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 County of ez,-A, On c 1 to 120Z?�2 before me, 191 a Notary Public, Date + Here Insert Name and Title of the Officer personally appeared 7A 6e AT 5e, . warS Name(s) of Signers) 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 ELUS WEBSTER Notary Public - California San Diego County Commission i 2452080 Comm. Expires Jul 1, 2027 WORONNOMW 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 u is 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.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907