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Covenant Regarding Real Property 2021-0388333RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0388333 1111111 111 1 1111111111111111111111111 111 11 1111 1111 DIME May 21, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APN: 323-510-09 / MDRA19-037 COVENANT REGARDING REAL PROPERTY Ye Htut Aung and Aye Khin Khin ("OWNER" hereinafter), are the owners of real property commonly known as 13526 Whitewater Drive ("PROPERTY" hereinafter). The PROPERTY is located within the Very High Fire Hazard Area. As such, the development of a residence on the PROPERTY, pursuant to Minor Development Review Application MDRA19-037 on file with the City of Poway ("CITY" hereinafter), requires the implementation of a landscape and irrigation plan designed in accordance with the CITY Landscape and Irrigation Design Manual ("Manual" hereinafter). In consideration of the approval of development on the PROPERTY, the OWNER acknowledges and agrees to maintain in perpetuity the improvements specified on the landscape and irrigation plan on file with the CITY ("PLAN" hereinafter). The OWNER also acknowledges and agrees that proposed changes to the improvements specified on the PLAN require CITY approval before they are made to ensure compliance with the Manual. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY may require an amendment to the PLAN and the payment of plan review and inspection fees. The OWNER acknowledges and agrees that no habitat clearing or improvements to the PROPERTY is permissible beyond that which is specified within the approved PLAN, except if the PLAN is modified and approved by the CITY. 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. Dated: 5 /G/102 1 OWNER: Ye Htut Aung and Aye Khin Khin Ye Htut Aung, Owner ;; (Notarize) o•ert J. Mani-; Dir =c elopment Services 2,„ r� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -_cnt.sx w- v.. s.• . _v - w..,a.�.�w. w - a.trit. w in in n .w. � _ , in.V4S1-4ir., w a in • - w 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 3r e 171 e - •() On Os tD ( / 1 before me, L 1 uyvT; `-O 3 R,bXG Notary Public, Date Here Insert Name and Title of the Officer k u -i- nA ) 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/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. LISA TURNER Notary Public - California San Diego County Commission a 2330249 My Comm. Expires Jul 12, 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notaty Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT AT.` :..., 11.1 A. A A A A 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 San Diego On May 5, 2021 before me, } Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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. YVONNE MANNION Notary Public -California San Diego County Commission k 2101766 My Comm, Expires Jun 18, 2021 Place Notary Seal 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 and official seal. Signature OPTIONAL (1; Signature of Notary Public 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: Covenant Regarding Real Property MDRA19-037 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 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907