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Covenant Regarding Real Property 2024-00884064/10/24, 1:08 PM Batch 17267855 Confirmation RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2024-0088406 IIIIII IIIII IIIII IIIII IIII IIIIII Illll IIIII IIIII IIIII IIIII IIIII IIII IIII Apr 10, 2024 09:48 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $245.00 (SB2 Atkins: $225.00) PAGES: 3 (This space for Recorder's Use) APN: 321-271-45, -46, and -47 Project Number: MDRA 23-0026 COVENANT REGARDING REAL PROPERTY MILLARD RANCH LLC ("OWNER" hereinafter), is the owner of real property described as: PARCELS 1, 2, AND 3 OF MAP NO. 18655 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER FILED ON MARCH 13, 2001, UNDER THE INSTRUMENT NUMBER 2001- 0144913("PROPERTY" hereinafter). In consideration of the approval of Minor Development Review (MDRA) 23-0026, by the City of Poway ("CITY" hereinafter), OWNER hereby acknowledges that the private recreation facilities, as described in the approval letter for MDRA 23-0026 and shown on the approved site plan on file with the CITY, Parcel 1 is an accessory use to the residence on Parcel 2 and that the recreation facility shall not be used for any purpose other than that normally associated with a residential use. It is further acknowledged that Parcel 1 and Parcel 2 shall remain under the same ownership (i.e., not separately owned) unless the recreation facility use has been discontinued and the improvements removed to the satisfaction of the Director of Development Services, or an MDRA and residential Building Permit has been issued for the recreation facility site (Parcel 1). 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 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. L �t Dated: 1 Dated: la /05� OWNER OR AUTHORIZED AGENT: MILLARD RAN KLL Mark W. Jenney,�SQk Mew CITY OF AY: By: 7o-bbrt J. Manis, Di ec or of Jktop6ent Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/17267855 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: 321-271-45, -46, and -47 Project Number: MDRA 23-0026 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY MILLARD RANCH LLC ("OWNER" hereinafter), is the owner of real property described as: PARCELS 1, 2, AND 3 OF MAP NO. 18655 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER FILED ON MARCH 13, 2001, UNDER THE INSTRUMENT NUMBER 2001- 0144913("PROPERTY" hereinafter). In consideration of the approval of Minor Development Review (MDRA) 23-0026, by the City of Poway ("CITY" hereinafter), OWNER hereby acknowledges that the private recreation facilities, as described in the approval letter for MDRA 23-0026 and shown on the approved site plan on file with the CITY, Parcel 1 is an accessory use to the residence on Parcel 2 and that the recreation facility shall not be used for any purpose other than that normally associated with a residential use. It is further acknowledged that Parcel 1 and Parcel 2 shall remain under the same ownership (i.e., not separately owned) unless the recreation facility use has been discontinued and the improvements removed to the satisfaction of the Director of Development Services, or an MDRA and residential Building Permit has been issued for the recreation facility site (Parcel 1). 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 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: MILLARD RANCH. LLC Dated: Mark W. Jenney,`Sole Member-- r CITY OF AY: Dated: By. ob, rt J. Manis, Di ec or of D6 elment Services (Signatures must be notarized) ACKNOWLEDGMENT 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 San Diego On 15' Zo �� before me, John Aldawoodi, Notary Public (insert name and title of the officer) personally appeared Via [V who proved to me on the basis of satisfactory evidence to be the perkn(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) . ................. ..::: . JOHN ALDAWOODI } a, COMM. #2349961 • NOTARY PUBLIC C CALIFORNIA y '—'" : • SAN DIEGO COUNTY �O Commission Expires MARCH 8, 2029 ......:.Yh1Y.•:.Y::.::•.Y Y:.Y:.:Y.`.`15RR4LL:11•.1::� 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 SOnJ} On LA i`�;) 1 -ak-2:1a.% A before me, p►Shls,' t . _VC�7%oN 1Vc__ C,�v���j �l�lsC Date `` Heregnsert Name and Title' of the Office personally appeared 'Roy —Q 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. I certify under PENALTY OF PERJURY under the Asn�_v �. Ta��A laws of the State of California that the foregoing z_ Notary Public -California tr• San Diego County paragraph is true and correct. Commission d 2475484 My Comm. Expires Dec 6. 2027 WITNESS my hand and official Signature Place Notary Seal and/or Stamp Above Signature of No ary Public yr i w111041- 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: