Covenant Regarding Real Property 2017-0075915P
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO -
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN 314-372-09
MDRA 16-045
DOC# 2017-007591m5
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Feb 15, 2017 11.04 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. S18.00
COVENANT REGARDING REAL PROPERTY
PAGES'2
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 9 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 9 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 parry shall be
entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party
Dated: ( ��
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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 SCr,, �l }
On U-Vk_ before me, aU A Q-
personally appeared
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.
PAULAJANE SCHREINER
WITNESS my h nd arid official seal. COMK92168173
• NDTARY Mauc-CJudFawaA
QSAN DIEGO COUNTY Mr Comm Explra 0oober 15. MM
Notary Pu ' Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statures regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states mm, be completed for documents being sent to that state so long
as the warding does not require the California notary to violate California notary
law.
(Ttle or description of allached document) • State and County information must be the State and County where the document
signcr(s) personally appeared before the notary public for acknowledgment.
(Tithe or description of attached document continued) • Date of notarization must be the date Ihat the signer(s) personally appeared which
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).
• Print 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 forms (i.e.
Wshclthey, is /ere) or circling the correct forms. Failure to correctly indicate this
❑ Individual (S)
information may lead to rejection ordocument recording.
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Impression must not cover text or lines. If seal impression smudges, re-scal if a
(Title) sufficient arca permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the once of
the county clerk.
❑ Attorney -in -Fact . Additional information is not required but could help to ensure this
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Other Indicate title or type of attached document. number of pages and date.
❑ If is
Indicate the capacity claimed by the signer. the claimed capacity a
corporate officer. indicate the title (i.e. CEO, CFO. Secretary).
2015 Version vvwz.NotaryClasses.eom BW -873-9885 Securely attach this document to the signed document with a staple.