Covenant Regarding Real Property 2023-027075410/6/23, 8:33 AM
Batch 16441445 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: 321-180-06
DOC# 2023-0270754
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Oct 05, 2023 04:33 PM
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
Martin Lwee and Khanh Hue Lu ("OWNER" hereinafter), are the owners of real property
commonly known as 13992 Putney Road ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B22-3064, 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 ADU encroaching into the setback area for the main
residence must remain an ADU. Upon granting of the certificate of occupancy in accordance with
Building Permit B22-3064, 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: dq12_b1y0a3
Dated: (79 vo20a3
Dated:
OWNER OR AUTHORIZED AGENT:
Martin Lwee and Khanh Hue Lu
'Martin Lwee, Owner
Khanh Hue Lu, Owner
CITY OF P WAY:
By:
Wobbrt J. Manis, irector bevelo ment Services
(Signatures must be notarized)
https://gs.secure-erds.com/Batch/Confirmation/l 6441445 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: 321-180-06
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Martin Lwee and Khanh Hue Lu ("OWNER" hereinafter), are the owners of real property
commonly known as 13992 Putney Road ("PROPERTY" hereinafter).
Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the
approval of Building Permit B22-3064, 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 ADU encroaching into the setback area for the main
residence must remain an ADU. Upon granting of the certificate of occupancy in accordance with
Building Permit B22-3064, 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: /2 ° �3
Dated:
OWNER OR AUTHORIZED AGENT:
Martin Lwee and Khanh Hue Lu
Martin Lwee, Owner
Khanh Hue Lu, Owner
2 CITY OF , WAY:
Dated: 7 By: .4 -,,Ln
f�oblert J. Manis, irector evelo ment 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 )
County of S4 A 1
On %ra 787 before me, l0-6, Notary Public,
Date I Here Insert Name and Title of the Officer
personally appeared Alta Lwtt IatJ
Name(s) of Signer(s)
Inc]it- 1_U
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
*my
ROBERT HARR
Notary Public - CaliforniaSan Diego CountyCommission A 2458583 Comm. Expires Aug 21, 2027 r
I certify under PENALTY OF PERJUY nder the
of the State of California t t the fo i par
is true and correct. I
WITNESS an ffi ial seat/
Signature
Signature
Place Notary Seal Above
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fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA• • •D
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 6C>ti 1�cft O )
On to before me, '� )rS Iotb-za Notary Public,
ate Here Insert Name and Title of the Officer
personally appeared ��� ��'� mf j 5
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.
*my
ENotary Public - CaliforniaLUS WELUS WE-
nSan Diego County
Commission if 2452080
Comm. Expires Jul 1, 2027
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
�gnature 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:.
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:
Number of Paaes:
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