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Covenant Regarding Real Property 2012-0489098APN: 323 - 290-43 D O C # 2812- 0488888 IIIIIIII III IIIII IIIII Illli IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII AUG 16, 2012 11:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 25.00 12833 PAGES: 4 1111111 Hill Hill Hill Hill 11111111111111111111 Hill Hill Hill Hill Hill Hill 1111101 COVENANT REGARDING REAL PROPERTY Whereas Don Nguyen and Lieu Chau, PROPERTY OWNERS ( "OWNER" hereinafter), are the owners of real property commonly known as 12835 Gate Drive ( "PROPERTY" hereinafter), and more fully described in the attached Exhibit A. In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building Permit for the construction of a 1,433- square -foot, detached guest house, OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit, no complete kitchen facilities shall be installed, and no gas line and /or 220 volt electrical service shall be installed. This Covenant shall run with the land and be binding upon and inure to the benefit Of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that a Building Permit is never obtained to construct the proposed guest house at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party incurs costs as a result of filing a civil action 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: v2 Dated: / j-)� 11 2 OWNERS Bye �'5 —�- Don Nguyen (Notarize) By: Lien Chau (Notarize) CITAPAY Dated: r✓ % Z By nt Servi ces M: \planning \cmr\guest house cov\Nguyen Gust House Cov.docx �i RECORDING REQUEST BY: ) CITY OF POWAY ) WHEN RECORDED MAIL TO: ) CITY CLERK ) CITY OF POWAY ) P O BOX 789 ) POWAY CA 92074 -0789 ) APN: 323 - 290-43 D O C # 2812- 0488888 IIIIIIII III IIIII IIIII Illli IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII AUG 16, 2012 11:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 25.00 12833 PAGES: 4 1111111 Hill Hill Hill Hill 11111111111111111111 Hill Hill Hill Hill Hill Hill 1111101 COVENANT REGARDING REAL PROPERTY Whereas Don Nguyen and Lieu Chau, PROPERTY OWNERS ( "OWNER" hereinafter), are the owners of real property commonly known as 12835 Gate Drive ( "PROPERTY" hereinafter), and more fully described in the attached Exhibit A. In consideration of the approval by the City of Poway ( "CITY" hereinafter) of a Building Permit for the construction of a 1,433- square -foot, detached guest house, OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit, no complete kitchen facilities shall be installed, and no gas line and /or 220 volt electrical service shall be installed. This Covenant shall run with the land and be binding upon and inure to the benefit Of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that a Building Permit is never obtained to construct the proposed guest house at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. If either party incurs costs as a result of filing a civil action 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: v2 Dated: / j-)� 11 2 OWNERS Bye �'5 —�- Don Nguyen (Notarize) By: Lien Chau (Notarize) CITAPAY Dated: r✓ % Z By nt Servi ces M: \planning \cmr\guest house cov\Nguyen Gust House Cov.docx 12834 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of San y3li Ji On before me, _!4e(6 6y L 164 RW1 Date / Here Insert Name and Title of the Officer personally appeared ('�8 h (� 9 u YC/� V Names) of Signers) KLODY L. HARRIS CaaommesMaalon s 195447 Nobly Pubk • CWlorda Sow Dfogo County Cows. Ewkn Jan 16. 2016 Place Notary Seal Above 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 signatures) 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. Signature gnature o ofary Public OPTIONAL Though the information below is not required by few, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LfI h`e--nam.T IjAfCVtee&4f Kemal' /✓L Document Date: ��� /Y Number of Pages: Signers) Other Than Named Above: t / C%+1 �Dj ✓• M?^ %� Capacity(ies) Claimed by Signer(s) Signer's Name: Dom hlCoLU ✓.. �ndividual ❑ Corporate Officer— Title(s): ❑ Partner — ❑] Limited ❑ General ❑ Attorney in Fact WHIMM Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): I -7 Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here LI Guardian or Conservator ❑ Other: Signer Is Representing: 0200711ational Notary Association- 9350 De Soto Aao., Poses 2402•Chatsworth, CA 91313- 240 -• .NationalNotary.org Here #5907 Reorder Call Toll -Free 1- 800-878E69 ACKNOWLEDGMENT State of California County of San D 12836 On August 3, 2012 before me, Linda Bauman, Notary Public (insert name and title of the officer) personally appeared Lien Chau who proved to me on the basis of satisfactory evidence to be the person($$ whose name( is /are subscribed to the within instrument and acknowledged to me that he/she /tb*y executed the same in his /her /tip authorized capacityjies ), and that by hisfher /their signature( %) on the instrument the persona), or the entity upon behalf of which the person() 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. Signature A (Seal) LINDA BAUMAN Commission N 1957528 3 ti _ Notary Public - California D a San Diego County EXHIBIT "A" 12 8 3 u PARCEL A: PARCEL 1 AS SHOWN ON PARCEL MAP FIELD IN BOOK OF PARCEL MAPS ON PAGE 2489, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974, BEING A PORTION OF THE WEST 669.96 FEET OF LOT 4, SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE WESTERLY 25.00 FEET OF SAID LOT 4 WHICH LIES WESTERLY OF AND ADJACENT TO SAID PARCEL 1. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT TO GRANT SAID EASEMENT TO OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, SAID 60.00 FOOT STRIP LYING 34.00 FEET EASTERLY AND 26.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 3, DISTANT ALONG SAID NORTHERLY LINE 310.00 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOTTO THE SOUTHERLY LINE OF SAID LOT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 300.00 FEET OF THE NORTHERLY 990.00 FEET, MEASURED ALONG THE NORTHERLY AND WESTERLY LINES RESPECTIVELY OF SAID LOT 3. PARCEL C: AN EASEMENT FOR WATER LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 7.00 FEET OF THE EAST 20.00 FEET AND THE SOUTH 7.00 FEET OF THE EAST 20.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST AND THE SOUTH 7.00 FEET OF THE WEST 32.00 FEET OF LOT 3 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STAGES GOVERNMENT SURVEY. ALL DISTANCES BEING MEASURED ALONG THE NORTHERLY BOUNDARY AND THE WESTERLY LINE OF SAID SECTION 18, EXCEPT SAID EAST 20.00 FEET WHICH IS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 13. EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 THE NORTH 1147.58 FEET. PARCEL D: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 30.00 FEET OF PARCEL 2 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 2489 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 28, 1974. PARCEL E: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A 10.00 FOOT STRIP OF LAND LYING WITHIN LOT 4 OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN , ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876 THE NORTHERLY LINE OF SAID 10.00 FOOT STRIP BEING THE SOUTHERLY LINE OF PARCEL A ABOVE.