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Covenant Regarding Real Property 2023-029967510/31/23, 10:04AM Batch 16572136 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: 273-152-01-00 DOC# 2023-0299675 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Oct 31, 2023 09:26 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Austregesilo-Sposato Family Trust 07-31-23 ("OWNER" hereinafter) are the owners of real property commonly known as 17258 Saint Andrews Drive, Poway, CA, 92064 ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B23-1931, 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 (garage) 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: �U. 2- Dated: IO;z�'2:5 OWNER OR AUTHORIZED AGENT: Austregesilo-Sposato Family Trust 07-31-23 ohn C. Sposato, Trustee n Wrida Austregesilo, Trtisl6e CITY OF PO AY: Dated: 10 By: o rt J. Manis, birec FoKDevdVnt Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/l6572136 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: 273-152-01-00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Austregesilo-Sposato Family Trust 07-31-23 ("OWNER" hereinafter) are the owners of real property commonly known as 17258 Saint Andrews Drive, Poway, CA, 92064 ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval of Building Permit B23-1931, 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 (garage) 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. /0_ Z Dated: OWNER OR AUTHORIZED AGENT: Austregesilo-Sposato Family Trust 07-31-23 `_Aohn C. Sposato, Trustee Mgarida Austregesilo, r stee CITY OF PO AY: Dated: lollqIZ3 By: �461d- 't ,�n o rt J. Manis, 6recforGK6ev1V nt Services (Signatures must be notarized) 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 ofl��i'�) �11 v;3-3 I�i-� (L On VLF �`� before me, ���-ts� Cam- / " Notary Public, Date Here Insert Name and Title of the Officer personally appeared � C) k4 N C_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persow, whose name(S)Ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in b s/hQf/tKeir authorized capacity(ieA), and that by bis/hKr/their signatures) on the instrument the person(', or the entity upon behalf of which the person,(§) acted, executed the instrument. *my GREGG MILLER Notary Public - Catifornia San Diego County Commission # 2345570 Comm. Expires Feb 7, 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 officj I seal. / Signature '/ . • • . . 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: � :� \ 1 ` 1 PrIa 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: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA-• • O• W -W . W -W -W . W -W . W . W - W - W . W - W . W - W - W -W . W . W - W . W - W • W . W . A . W . W - W • W . W . W . W . W . W . W . W . W . W . W . W - W . W . W . W - W W -1 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/I� i On �C i �`- w before me, Notary Public, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s� whose name(s) ,is/ace subscribed to the within instrument and acknowledged to me that hp/she / krey executed the same in his/her/their authorized capacity(ip§), and that by VAs/her/heir signatureA on the instrument the person), or the entity upon behalf of which the personas)' 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. WITNESS my han o icial seal. GREGG MILLER *my Notary Public - California San Diego County Signature Commission # 2345570 Si re of Notary Public Comm. Expires Feb 7, 2025 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 _ "'?� PP—d Title or Type of Document: 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 F-1 Other: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 �AA_ l>e_% 0 On 10I ZO�7V?Z3 before me, Z�rFs lr Notary Public, Date Here Insert Name and Title of the Officer personally appeared �AIoex-+ Q- (M.G.n7,5 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 ELUS WEBSTER Notary Public - California San Diego County Commission N 2452080 Comm. Expires Jul 1, 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 Pub i 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: vim, 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: LTR 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