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Covenant Regarding Real Property 2023-01377305/25/23, 3:25 PM Batch 15782650 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 316-071-06 DOC# 2023-0137730 IIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII May 25, 2023 02:27 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 4 Thongxay and Sirikanya Southisene, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 12664 Cobblestone Creek Road and more particularly described as in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW23-0001), by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district that includes PROPERTY and to pay a pro rata share of future undergrounding costs that includes 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 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: L/ - 2- y • 20 Z tj Dated: 9- z y- ZO 2 y OWNER OR AUTHORIZED AGENT: Thongxay and Sirikanya Southisene Tho gxay Sou ne, Owner S� Sirikanya Southisene, Owner %? CITYAOFY:Dated: 1 !� By: nis, D' ector 6f velo nt Services (Signatures must be notarized) hops://gs.secure-recording.com/Batch/Confirmation/l 5782650 1 /2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN : 316-071-06 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Thongxay and Sirikanya Southisene, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 12664 Cobblestone Creek Road and more particularly described as in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW23-0001), by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district that includes PROPERTY and to pay a pro rata share of future undergrounding costs that includes 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 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- 9 - 20 a y Dated: 9 - Z OWNER OR AUTHORIZED AGENT: Thongxay and Sirikanya Southisene Thorigxay Sou ' ne, Owner Sirikanya Southisene, Owner r / CITYAOFPI—Y. Dated: J �:5 By: r Royert J. Manis, D' ector of Wv-elopm6nt Services (Signatures must be notarized) EXHIBIT "A" Legal Description For APN/Parcel ID(s): 316-071-06-00 Parcel 1: That portion of the Northeast Quarter of Section 22, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at Engineer Station No. 116+26.39 on the center line of County Road Survey No. 987 (known as Poway Road), according to Plat thereof on file in the Office of the County Engineer of San Diego County, being a point in the arc of a 4000.00 foot radius curve, concave Northwesterly, a radial line of said curve bears South 12°46'26" East to said point; thence South 13°53'55" East 776.91 feet to the most Southerly corner of the land described in deed to George B. McFetridge, et ux, recorded April 1, 1949 in Book 3158 Page 492 of Official Records and the True Point of Beginning; thence along the Southerly line of said land, North 64°23'52" East 340.23 feet to the most Westerly corner of the land described in deed to Bette Lee Dyer, recorded August 12, 1963 as File No. 141912 of Official Records; thence along the boundary of said Dyer's Land as follows: South 73°20'50" East 91.09 feet; and South 11'28'20" East 130.00 feet to the most Southerly corner of said land; thence continuing South 11'28'20" East to the Southerly line of the Northeast Quarter of the Northeast Quarter of said Section 22; thence Westerly along said Southerly line 290.00 feet, more or less, to the Southeast corner of the land described in deed to Eyvinn H. Schoenberg, et ux, recorded August 6, 1969 as File No. 142665 of Official Records; thence along the Easterly line of said land, North 07°19'20" West 180.83 feet; and North 13°41'20" West 52.92 feet to the Southeast corner of the land described in deed to John W. Swain, et ux, recorded July 16, 1968 as File No. 119478 of Official Records and Point " V of this description; thence along the boundary of said Swain Land as follows: North 13°41'20" West 125.00 feet to the beginning of a tangent 130.00 foot radius curve, concave Southwesterly; and Northwesterly along the arc of said curve through a central angle of 83°26'20" a distance of 189.32 feet to the Southeast corner of the land described in deed to Wallace G. Fedier, et ux, recorded April 28, 1964 as File No. 76314 of Official Records; thence along the Northeasterly line of said Fedier Land, North 13°53'53" West 190.00 feet, more or less, to the True Point of Beginning. CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 C County of c— On ��� Zt��-� before me, (insert name and title of the officer), personally appeared 1 �-•�; xe,�„ S©� ;y;,,t�%6i� `.any %�l ���, , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. a KRISTEN DYBDAHL ✓ k� NOTARY PUBLIC Signature �`' ! (Seal) _ STATE OFNEVADA MY COMMisSlon Expires: 06-17.26 Certi&tate No: 02,76282.1 CALIFORNIA•. . O. 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 16, 2023 before me, Date personally appeared Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer 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. - - - - - M - i YVONNE MANNION Notary Public - California San Diego County Commission # 2363699 My Comm. Expires Jul 1, 2025 r..rrrrr«...r 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 (j \ J Signature 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: Covenant Regarding Real Property UW23-0001 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