Covenant Regarding Real Property 2022-0453476RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
PO BOX 789 )
POWAY CA 92074-0789 )
DOC# 2022-0453476
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Nov 30, 2022 11 :49 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $26.00 (S82 Atkins: $0.00)
PAGES: 5
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Lennar Homes of California, LLC, a California limited liability company ("OWNER" hereinafter),
is the owner of real property described in the legal description attached hereto as Exhibit A and made
part hereof ("PROPERTY" hereinafter).
Pursuant to City of Poway City Council Resolution No. 20-052, the Director of Development
Services finds that a trail connection from the proposed trail to the westerly side of "The Club" as shown
on Exhibit 3.1 in The Farm In Poway Specific Plan substantially conforms to the approved plans.
OWNER shall allow the future developer or Owner of "The Club"on Lot GG ("FITNESS CENTER"
hereinafter), access on and through portions of the PROPERTY in order to install a pedestrian trail
connection to accommodate access and noise attenuating and visually screening landscape
("SCREENING LANDSCAPE" hereinafter), between the westerly portion of the public trail and the
westerly side of Lot GG ("ACCESS TRAIL" hereinafter). The design and improvements for the ACCESS
TRAIL and SCREENING LANDSCAPE shall be at the FITNESS CENTER'S sole cost and expense.
Engineering records shall be provided by the OWNER if requested by the FITNESS CENTER. If
installed by the FITNESS CENTER, the ACCESS TRAIL and SCREENING LANDSCAPE would allow
owners , occupants and residents of The Farm in Poway communityand members of the public to access
the ACCESS TRAIL. Upon installation, FITNESS CENTER shall maintain such improvements at the
sole cost and expense of the FITNESS CENTER.
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 .
SMRH:4868-1334-1736.2
110822
[Signatures on Following Pages]
-1-
40RN-325209
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY CA 92074-0789
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Lennar Homes of California, LLC, a California limited liability company ("OWNER" hereinafter),
is the owner of real property described in the legal description attached hereto as Exhibit A and made
part hereof ("PROPERTY" hereinafter).
Pursuant to City of Poway City Council Resolution No. 20-052, the Director of Development
Services finds that a trail connection from the proposed trail to the westerly side of "The Club" as shown
on Exhibit 3.1 in The Farm In Poway Specific Plan substantially conforms to the approved plans.
OWNER shall allow the future developer or Owner of "The Club"on Lot GG ("FITNESS CENTER"
hereinafter), access on and through portions of the PROPERTY in order to install a pedestrian trail
connection to accommodate access and noise attenuating and visually screening landscape
("SCREENING LANDSCAPE" hereinafter), between the westerly portion of the public trail and the
westerly side of Lot GG ("ACCESS TRAIL" hereinafter). The design and improvements for the ACCESS
TRAIL and SCREENING LANDSCAPE shall be at the FITNESS CENTER'S sole cost and expense.
Engineering records shall be provided by the OWNER if requested by the FITNESS CENTER. If
installed by the FITNESS CENTER, the ACCESS TRAIL and SCREENING LANDSCAPE would allow
owners, occupants and residents of The Farm in Poway communityand members of the public to access
the ACCESS TRAIL. Upon installation, FITNESS CENTER shall maintain such improvements at the
sole cost and expense of the FITNESS CENTER.
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.
SMRH:4868-1334-1736.2
110822
[Signatures on Following Pages]
-1-
40RN-325209
Dated: --'--'"-I u--'---L...-( 1)_rL_
Dated:
SMRH:4868-1334-1736.2
110822
OWNER OR AUTHORIZED AGENT:
By: nar Homes of California, LLC,
· · · · ed liabili any,
A exander L. Plishner, Vice President (Notarize)
(All Signatures to be Notarized)
-2-
40RN-325209
Exhibit A
(PROPERTY)
LOT F OF CITY OF POWAY TM 19-002 THE FARM UNIT 1, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021 .
SMRH:4868-1334-1736.2
I 10822
-Exhibit A-
40RN-325209
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing 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 San Diego
On November 23, 2022 before me, Diane Scott , Notary Public,
personally appeared Alexander L. Plishner , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ara
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 PENAL TY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Diane Scott I
eeeeeea:e~
DIANE SCOTT
Notary Public • California z
San Diego County ~
Commiss ion ii 2287339 -
My Comm . Expires
(SEAL)
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 ofthat document.
State of California
County of .yJ 11 'Df zjlO
On 2-~/~Vo ✓ /2:.:,,7 .2_ before me, ku."". # sf--i!A/,:(
/ (insert name and title of the officer)
personally appeared &hw·t -:5 _ /Y/an I 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.