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Covenant Regarding Real Property 2024-00011071/3/24, 11:10AM Batch 16841081 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: 317-651-07 DOC# 2024-0001107 IIIIII IIIII IIIII III I IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jan 03, 2024 10:39 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY An V. Do and Nguyet T. Le ("OWNER" hereinafter), are the owners of real property commonly known as 12239 Buckskin Trail ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-1620, 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 the JADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the garage conversion to a JADU cannot be converted to a main residence addition without parking replacement. 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 B23-1620, 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 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. Dated: lZ- 2- 8 Z3 Dated: AZ - 2.9( _ 25-- Dated: I — A OWNER OR AUTHORIZED AGENT: An V. Do and Nguyet T. Le An V. Do, Owner _____71 Nguy T. Leer CITY OF P WAY: By: Ro ertJ. Manis, ire for & deve pment Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/16841081 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: 317-651-07 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY An V. Do and Nguyet T. Le ("OWNER" hereinafter), are the owners of real property commonly known as 12239 Buckskin Trail ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-1620, 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 the JADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the garage conversion to a JADU cannot be converted to a main residence addition without parking replacement. 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 B23-1620, 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 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. OWNER OR AUTHORIZED AGENT: An V. Do and Nguyet T. Le Dated: fZ— Z 8 Z3 Ai2 D&t_ An V. Do, Owner Dated: ? — 2 gr _ 272 Nguy T. L'"wn r- I CITY 4eJ. AY: Dated: ! 2 By: RManis,i// 'I ., re for f ve on Services (Signatures must be notarized) 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 1 County of J} On �a\a� Ia�2� before me, S lV .� b\ Date Here sert Name and Title of the ficer personally appeared '4n V �� N A 't ' Le, ameO 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 ASHLEY R. TA►IA laws of the State of California that the foregoing 1010 Notary Public - California San Diego County Paragraph is true and correct. Commission M 2475414 1my Comm. Expires Dec r,, 2D27 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature l9f 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 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: ©2019 National Notary Association 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: CALIFORNIA-• • •. .A . 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 ► a 1 %S I aoa I before me, A '_� _ T is Notary Public, Date r� Her nsert Name and Title of the Officer personally appeared C�oh-er _M�c� 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. AS 4LEY R. TAPIA Notary Public -California � San Diego County Commission # 2475484 My Comm. Expires Dec 6. 2027 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 SignatA 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:Cove.,, 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 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