Covenant Regarding Real Property 2023-029971010/31 /23, 10:05 AM
Batch 16572150 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: 278-181-10-00
DOC# 2023-0299710
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Oct 31, 2023 09:39 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
Gary E. Colle Jr & Nicole Tosches ("OWNER" hereinafter) are the owners of real property
commonly known as 14878 Eastvale Rd ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval
of Building Permit B23-1432, 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.
OWNER OR AUTHORIZED AG
Gary E. Colle Jr & NicojT s
Dated: 11 C) 2
l e Jr, Owner
Dated:
N`icoI6 Tosches, Owner
CITY OF PO AY:
Dated: M1111. By:
Rob rt J. Manis, irector f Develeent Services
(Signatures must be notarized)
hftps://gs.secure-erds.com/Batch/Confirmation/I 6572150 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: 278-181-10-00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Gary E. Colle Jr & Nicole Tosches ("OWNER" hereinafter) are the owners of real property
commonly known as 14878 Eastvale Rd ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(C)(3) and in consideration of the approval
of Building Permit B23-1432, 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: _2 �3
Dated: ` A!�11
OWNER OR AUTHORIZED AG
Gary E. Colle Jr & Nicole,-Fogch
Jr, Owner
icole Tosches, Owner
CITY OF PO AY:
Dated: By:
Rob rt J. Manis, irectc r f Devel p ent Services
(Signatures must be notarized)
CALIFORNIA•. • •.
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document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Californi
County of l L U
On / Z- 0 2- 3 before me,
Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared % %� y �y`l Gf- 'C 67 ?_ 7L2�'C///4`—j
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.
C s \ DENNIS BUTTS
Notary Public • California
San Diego County
=- Commission ` 2435522 P
My Comm. Expires Jan 23. 2027
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State otp9ift—nia-t-F-altle foregoing paragraph
is true and rrect.
WITN ZS my hand gnd offloi"al seal.
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re
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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 ALL-PURPOSE 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 )
County of L_e.n _Ui q O )
On l'b/1212023 before me, 1.1s 0eb,_-Ic e- Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared 0 6e l_� --\. f An 1 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.
QOM ELLIS WEBSTER
Notary Public - Califomia
San Diego CountyCommission / 2452080
y 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 Public
Place Notary Seal Above
OPTIONAL
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fraudulent reattachment of this form to an unintended document.
Description of Attached Document �
Title or Type of Document: tpV&,c.,.� C.C1' Q, _bvt x&l n
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