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Release of Covenant 2024-00884114/10/24, 1:09 PM Batch 17267865 Confirmation RECORDING REQUESTED BY: Clerk, City Council City of Poway WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk AP N: 314-181-70 DOC# 2024-0088411 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Apr 10, 2024 09:48 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) RELEASE OF COVENANT PAGES: 6 THIS RELEASE OF COVENANT (this "Release") dated as of this �� day of �c , 2024 is executed and delivered by the CITY OF Poway, a municipal corporation ("City'), to and in favor of Heidemann Family Trust and their successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 314-181-70 commonly known as 13414 Aubrey Street, Poway, CA 92064 ("Property" hereinafter). B. The Owner obtained approval of Building Permit B16-2153 from the City on June 12, 2017, allowing the construction of a 305-square-square-foot non -habitable storage room addition above the garage at the above -referenced property. Prior to the aforementioned expiration and in anticipation that a building permit would be issued, Owner and the City executed a document entitled "Covenant Regarding Real Property" as required by the Poway Municipal Code, which was recorded with the San Diego County Recorder's Office on February 21, 2017, as Document Number 2017-0082788 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Attachment "A". C. The Owner requested approval of Building Permit B23-2241 from the City on September 17'h, 2023, to allow the conversion of the non -habitable storage room to a habitable bonus room ("Project"). D. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: The requirements imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. https://gs.secure-erds.com/Batch/Confirmation/l 7267865 1 /2 RECORDING REQUESTED BY: Clerk, City Council City of Poway WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk APN: 314-181-70 RELEASE OF COVENANT THIS RELEASE OF COVENANT (this "Release") dated as of this S day of �< ( , 2024 is executed and delivered by the CITY OF Poway, a municipal corporation ("City"), to and in favor of Heidemann Family Trust and their successors and assigns ("Owner"). RECITALS A. Owner is the owner of certain real property in the City consisting of Assessor's Parcel Number (APN) 314-181-70 commonly known as 13414 Aubrey Street, Poway, CA 92064 ("Property" hereinafter). B. The Owner obtained approval of Building Permit B16-2153 from the City on June 12, 2017, allowing the construction of a 305-square-square-foot non -habitable storage room addition above the garage at the above -referenced property. Prior to the aforementioned expiration and in anticipation that a building permit would be issued, Owner and the City executed a document entitled "Covenant Regarding Real Property" as required by the Poway Municipal Code, which was recorded with the San Diego County Recorder's Office on February 21, 2017, as Document Number 2017-0082788 ("Covenant"). A true and correct copy of the Covenant is attached hereto as Attachment "A". C. The Owner requested approval of Building Permit B23-2241 from the City on September 17'h, 2023, to allow the conversion of the non -habitable storage room to a habitable bonus room ("Project"). D. The City and Owner both wish to enter into this Release to confirm that the Covenant no longer applies to the Property and expunge the same from the Property's record of title. NOW, THEREFORE, for good and valuable consideration, the City hereby represents and warrants to, and covenants and agrees with, Owner as follows: The requirements imposed by the Covenant no longer apply to the Property, and the City hereby releases, discharges, forever disclaims and expunges from title of the Property all obligations set forth in the Covenant in favor of the City. 2. This Release shall inure to the benefit of Owner and its successors and assigns and shall be binding on the City and its successors and assigns. IN WITNESS WHEREOF, City and Owner have executed this Release as of the date first written above. CITY OF POWAY, A MUNICIPAL CORPORATION By:: I A"�c Robe�t J. Manis, Di ector of D6elop --ient Services OWNER OR AUTHORIZED AGENT: Heidemann rnily Trust Dated: l 1312 �/ Eric H idemann, Owner (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 County ofl���eCco On O�A16aLil QA-A before me, Date H8re Insert Name and Title of the O er personally appeared �0�"�(a "C>�� Nome(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. ASHLEY R. TAPIA Notary Pubiic - California San Diego County Commission x 2475484 L"«a . My Comm. Expires Dec 6, 2027 Place Notary Seal and/or Stamp Above 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 a0d oflficial Signature \Jr 1 IVIrFiL Signature of Notdiy 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 ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator 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 County of�t'� On y1 3 ( ac3a�_ before me, �Skl�` �• �� G ��� �� '� Date e Insert Name and Title of the Offi personally appeared Ne.\ &_g_ Crtbxtln Nome(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 SE•. O�Th ASHLEY R. TAPIA laws of the State of California that the foregoing W� "'""" `� Notary Public - California paragraph is true and co ct. _- San Diego County Commission # 2475484 r ��IIFOF�`* My Comm. Expires Dec 6, 2027 WITNESS my hand a d official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on 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 n 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: DOC# 2017-0082788 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 314-181-70 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Feb 21, 2017 02:42 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $18.00 PAGES:2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Whereas Eric A. Heidemann, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property commonly known as 13414 Aubrey Street ("PROPERTY hereinafter) and more fully described as: Lots 11, 12 and 13, Block 6 of Piermont, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 331 filed in the office of the County Recorder of San Diego County May 27, 1887. Pursuant to Poway Municipal Code Section 17.08.180(C)3 and in consideration of the approval of Building Permit B16-2153 that includes a request to construct a 305-square-foot non -habitable storage room addition above the garage at the above -referenced property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the non -habitable storage room addition above the garage shall never be used as habitable space; shall not have complete 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 and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that a Building Permit is never obtained to construct the proposed non -habitable storage room addition at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party is required to incur costs 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: c)- bc/ ' % 7 Dated: l OWNER: Notarize) Eric A. Heidemann CITY OF POWAY: By: Robert J Manis, Dir ctor of bevelop ent Services ATTACHMENT A l� C CALIFORNIA• • ■ • 1 c.�:r.�crTr/:�..a.!s�.rc.c!cc.!c�cr<!.cc�c.�...!c2.!c�c�e�.!:�c�.!�c!.if�c� r:r,:3trscCrs�.rcrs�er..c..�.!�.!c�c!.�.!�.!s�c�t!scc!:c.!:�.�cL�.rs.•. 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 S21't 0qo ) On Z/0 / 1 % before me, CO Cn 1(a 'T - M-) i1(A J1 QA AAA PQb)'c, Date Here insert Name and Title of the Offic personally appeared �{ �G A. H e i d e t) Lin n 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r_,e-- MONICA I. MA Commission #21-15-984 Signature vn M` 'd Hoary Public - California Signature of Notary Pffblic I a San Diego County Comm. E Ires Jun 18, 2019 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. 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