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Covenant Regarding Real Property 2024-00011221 /3/24, 11:10 AM Batch 16841099 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: 316-071-06-00/ MDRA21-026 DOC# 2024-0001122 IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jan 03, 2024 10:52 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Thongxay Southisene & Sirikanya Southisene ("OWNER" hereinafter), is the owner of real property located at 13408 Del Poniente Road ("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 MDRA21-026 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 LP23-0004 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. OWNER OR AUTHORIZED AGENT: Thongxay Southisene & Sirikanya Southisene Dated: L U Z 3 Thongxay outhisene, Owner Dated: -(�: � ( C" I chw�� Sirikanya So hisene, Owner https://gs.secure-erds.com/Batch/Confirmation/l6841099 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 (This space for Recorder's Use) APN: 316-071-06-00/ MDRA21-026 COVENANT REGARDING REAL PROPERTY Thongxay Southisene & Sirikanya Southisene ("OWNER" hereinafter), is the owner of real property located at 13408 Del Poniente Road ("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 MDRA21-026 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 LP23-0004 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. OWNER OR AUTHORIZED AGENT: Thongxay Southisene & Sirikanya Southisene Dated: / Thongxay outhisene, Owner Dated: �i� ovv� I %Yvv---'� Sirikanya So hisene, Owner CITY OF PO AY: Dated: 12 lw[93 By: Ro'bet J. Manis, irec or o elo,pinent Services (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 of Sar, 1��ec n I On k A\Aq ►Ao Q 3 before me, 2, + tv -aC-,t� - ' g 1,c, Date Here Ins rt Name and Title of the Officer personally appeared `P\obC--,A J• \-NC",� 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. Iry ASHLEY R. TAPIA Notary Public Califupia 5 San Diego County l Commission # 247548a J / My Comm, Expires Dec 5. 2:27 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 and official seal. , Signature Signature of Notary Public W, --- 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: 02019 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: 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 l County of SotN D%%o J} On Ia)aU 1aoa'3 before me, As �A �a , oDoti `fit �b c Date Here nsert Name and Title of the Officer personally appeared SO`�%%L-C1Pt Sc,,,— 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. ASHLEY R. TAPIA Notary Public - California San Diego County WITNESS my hand and official seal. \ Commission # 2475494 My Comm. Expires Dec 6, 2027 Signature Place Notary Seal and/or Stamp Above Signature o Notary 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: