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Covenant Regarding Real Property 2023-01910637/20/23, 10:57 AM Batch 16025538 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: 317-381-19 DOC# 2023-0 1 9 1 063 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllll Jul 20, 2023 10:28 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES:3 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Thanh Le Phuoc Nguyen and Duc Khanh Le ("OWNER" hereinafter), are the owners of real property commonly known as 12954 Morene Street ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-0828, a request to construct an Accessory Dwelling Unit ("ADU" hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the garage conversion to an ADU cannot be converted to a main residence addition without parking replacement. Upon granting of the certificate of occupancy in accordance with Building Permit B23-0828, 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 ADU 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: Dated: Dated: OWNER OR AUTHORIZED AGENT: Thanh Le Phuoc Nguyen and Duc Khanh Le Than Le Ph Winer Duc Khanh L caner CITY OF POWAY: J. Manis, Qkbctdr of'DeVielopnpnt Services (Signatures must be notarized) https://gs.secure-recording.com/Batch/Confirmation/l 6025538 112 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 317-381-19 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Thanh Le Phuoc Nguyen and Duc Khanh Le ("OWNER" hereinafter), are the owners of real property commonly known as 12954 Morene Street ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B23-0828, a request to construct an Accessory Dwelling Unit ("ADU" hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer than 30 days. OWNER hereby agrees that the garage conversion to an ADU cannot be converted to a main residence addition without parking replacement. Upon granting of the certificate of occupancy in accordance with Building Permit B23-0828, 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 ADU 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: Dated: l f l� ( 2 Dated: 11Z OWNER OR AUTHORIZED AGENT: Thanh Le Phuoc Nguyen and Duc Khanh Le Thanh Le Phuo Duc Khanh L wner / 1 CITY OF P(MAY: M J. Manis, Q ect6r of'DeJi�lopn*nt Services (Signatures must be notarized) CALIFORNIA ALL-PURPOSE 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 , �J County of S�� V/ 1.6,60 On 0 17 "Z3 before me, AJ41�,L CA+L(,, (A)L 6 PW L— Notary Public, Date I 11 I Here Insert Name and Title of the Officer personally appeared �A I y� � H �L PH 0 bG N bUVE m 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 O'ThF JASON CARL WEEDING is true and correct. E7'r.'tA COMM # 2353070 z WITNESS my h d a off' 8eal z SAN DIEGO County r California Notary Publie- qL �t Comm Exp Mar. 26, 2025: Signature .............................. ....... ...• Signature of Nota ublic 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 ��nn Title or Type of Document: CI�IJE%tA(�(T- [���-►�(h�b QtAl Pk)pOCCul 1323_ 6922S 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 F-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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 San Diego ) On July 18, 2023 Date personally appeared before me, 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. 90my YVONNE MANNION Notary Public -California San Diego County Commission k 2363699 Comm. Expires Jul 1, 2025 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 �- ' lD�Signa�ture ,f 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 B23-0828 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 I-1 nthPr- Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fi Other Signer Is Representing: ©2016 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907