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Covenant Regarding Real Property 2017-007591617197 DOC# 2017-0075916 RECORDING BY. CITY OF POWAY) II IIH11111111111111INIII 1111111111111111111@11111111111 RIN WHEN RECORDED MAIL TO j Feb 15, 2017 11:04 AM CITY CLERK ) OFFICIAL RECORDS Ernest J. ONTY CITY OF POWAY ) SAN DIEGO COUNTY RECORDER RDER P O BOX 789 ) FEES: 518.00 POWAY CA 92074-0789 ) PAGES: 2 APN 314-372-10 MDRA 16-046 COVENANT REGARDING REAL PROPERTY Whereas New Pointe Investment 31, LLC, PROPERTY OWNER ("OWNER" hereinafter) is the owner in fee simple of certain real property (the "Property") more fully described as: Lot 10 of City of Poway Tract No. 08-01, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 16147, filed in the Office of the County Recorder of San Diego County, October 21, 2016. In consideration of the approval by the City of Poway ("CITY" hereinafter) of Tentative Tract Map (TTM) 08-01, involving the subdivision of a 23 -acre property into 10 separate lots, this covenant is to notify the future lot owner(s) of Lot 10 that prior to City approval of any proposal for a habitable second story addition onto the residence or construction of a habitable two-story building a complete noise analysis prepared by recognized acoustical engineer will be required to confirm and document that interior noise levels will comply with City noise standards. Additional noise control maybe required for the project to achieve compliance with the City of Poway interior noise limit of 45 CNEL. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. 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 attomeys' fees, from the other party Dated: C By / Scot,C. and trom ew Pointe Investment 31, LLC CITY F PO Dated: _60 By Rd6eJ.-Manis,V ect o e elop ent Services M,YrI.Ip rota n e)p/1�(I b �YOI M OUYrtsr a rWl.a. SUO o1 CaWorNa. Couna/ of_aan U U -ch 0 aablaareae.,o a m (or $a) bat""on v a� (W aJC.nuac4 . 910l+e )Wt SAvd_A1ron" Wand to Ina w aro bean or aaba40Mry aftiMM W be ft pmaal(ganoappaarao ma. n'ryYy ' CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 r1 On before me, � \ \ 'ere vaso name o o am personally appeared SC—6 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. PAULA JANE SCHZINER11 WITNESS my hand and official seal. 02168173a NMAx UIIUC-CAUFM SAN DIEGO COUNTY rw w C C. �p`K�(LjI MM Don"` Erpias omobm 15, 2020 Notary Pu li ary Signature (NotPublic Seal)f ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING T111S FORM This form complies with current California statutes regarding notary unrding and. DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, shouldbe completed and onached to the document. Acknowledgments from other stores mal, he completed for documents being sent to that state so long as the wording does not require the California notary to volare, California notary lou ` (Title or description of attached document) • State and County information must be the State and County where the document signets) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Tide or descd bon P o1 attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages _ Document Date commission followed by a comma and then your title (notary public). • Prim the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fortes (i.e. CI Individual S Wshe/thew- is /are) or circling the correct forms. Failure to correctly indicate this (s) document information may lead to rejection of recording. ❑ Corporate Officer . The notary seal impression must be clear and photogmphimlly reproducible. Impression must not corer text or lines. If seal impression smudges, re -scat if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact le Additional information is not required but could help to ensure this ❑ Trustee(S) I acknowledgment is not misused or munched to a diffcrcnt document. - Indicate title or type of attached document, number of pages and date. Other If is a ❑ Indicate the capacity claimed by the signer. the claimed capacity corporate officer. indicate the title (i.e. CFO. CFO, Secretary). 2015 Version wiN:.NotaryClasses.eom 800-873.9865 Securely auach this document to the signed document with a staple.