Covenant Regarding Real Property 2022-0453480RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
PO BOX 789 )
POWAY CA 92074-0789 )
DOC# 2022-0453480
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Nov 30, 2022 11 :49 AM
OFFICIAL RECORDS
Ernest J . Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $29 .00 (SB2 Atkins: $0.00)
PAGES: 6
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership, and Lennar Homes of California,
LLC, a California limited liability company (hereinafter, collectively, "OWNER"), 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, including Section 8, Subsection
1(23), the Director of Development Services approved an alternative design disconnecting a previous
trail connection across the westerly side of Villamoura Dive. OWNER shall allow the existing
homeowners association of an adjacent residential community to the PROPERTY, the Stoneridge
Chateaus Homeowners Association, (the "CHATEAUS HOA" hereinafter) or subsequent ownership,
access on and through portions of the PROPERTY as reasonably necessary to install a full crosswalk
across a portion of Villamoura Drive and adjacent improvements, which includes a private street owned
by the CHATEAUS HOA, to accommodate a trail crossing the westerly portion of Villamoura Drive
connecting the two adjacent trails of the PROPERTY (the ''TRAIL CROSSING" hereinafter). The design
and improvements for the TRAIL CROSSING shall be at the CHATEAUS HOA'S sole cost and expense.
Engineering records shall be provided by the OWNER if requested by the CHATEAUS HOA. If installed
by the CHATEAUS HOA, the TRAIL CROSSING would allow members and owners of the CHATEAUS
HOA, owners, occupants and residents of the PROPERTY and members of the public to access the
TRAIL CROSSING and trails located in and around the PROPERTY. Upon installation, The Farm in
Poway Community Association (the "FARM HOA") shall maintain such improvements at the sole cost
and expense of the FARM HOA.
This Covenant shall run with the land, inure to the benefit of and be binding upon OWNER,
future owners, encumbrancers, 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
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[Signatures on Following Pages]
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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
AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership, and Lennar Homes of California,
LLC, a California limited liability company (hereinafter, collectively, "OWNER"), 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, including Section 8, Subsection
1(23), the Director of Development Services approved an alternative design disconnecting a previous
trail connection across the westerly side of Villamoura Dive. OWNER shall allow the existing
homeowners association of an adjacent residential community to the PROPERTY, the Stoneridge
Chateaus Homeowners Association, (the "CHATEAUS HOA" hereinafter) or subsequent ownership,
access on and through portions of the PROPERTY as reasonably necessary to install a full crosswalk
across a portion of Villamoura Drive and adjacent improvements , which includes a private street owned
by the CHATEAUS HOA, to accommodate a trail crossing the westerly portion of Villamoura Drive
connecting the two adjacent trails of the PROPERTY (the "TRAIL CROSSING" hereinafter). The design
and improvements for the TRAIL CROSSING shall be at the CHATEAUS HOA'S sole cost and expense.
Engineering records shall be provided by the OWNER if requested by the CHATEAUS HOA. If installed
by the CHATEAUS HOA, the TRAIL CROSSING would allow members and owners of the CHATEAUS
HOA, owners, occupants and residents of the PROPERTY and members of the public to access the
TRAIL CROSSING and trails located in and around the PROPERTY. Upon installation, The Farm in
Poway Community Association (the "FARM HOA") shall maintain such improvements at the sole cost
and expense of the FARM HOA.
This Covenant shall run with the land, inure to the benefit of and be binding upon OWNER,
future owners, encumbrancers , 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]
40RN-325209
Dated: ~J_l _ft_o l .......... z~z,,, __ _
Dated: -'~' /_t 5"_/_?;_:L __
Dated:
OWNER OR AUTHORIZED AGENT:
AG EHC II (LEN) CA 2, L.P. a Delaware
limited partnership
By:
By:
By:
Essential Housing Asset Management, LLC,
An Arizona limited liability company,
lt~A(nt ~-
Steven S. Benson, its Manager (Notarize)
Lennar Homes of California, LLC,
California limited liability company,
gent _ _..<-----'r--·---:,
Alexander L. Plishner, Vice President (Notarize)
(All Signatures to be Notarized)
SMRH :4868-1334-1736.2
110822
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40RN-325209
Exhibit A
(PROPERTY)
Title to THE PROPERTY is vested in:
AG EHC II (LEN) CA 2 , L.P., a Delaware limited partnership (as to Lots 13 through 24, 35 through 38, 43
through 105, 120 through 124, of Parcel 1 ); Lennar Homes of California, LLC , a California limited liability
company (as successor-in-interest by conversion to Lennar Homes of California, Inc.) (as to Lots 161
through 192 of Parcel 1 and all of Parcels 3 and 4) and Lennar Homes of California, LLC, a California
limited liability company (as to Lots 1, through 12 , 25 through 34, 39 through 42 , 106 through 119, 125
through 137 and 145 through 160, inclusive, of Parcel 1 and all of Parcel 2)
Real Property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1:
LOTS 1 THROUGH 137, INCLUSIVE, 145 THROUGH 192 INCLUSIVE, 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 .
PARCEL 2:
LOTS 138 THROUGH 144 INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO , STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 16479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 27, 2021.
PARCEL 3:
LOTS A THROUGH 0, INCLUSIVE, R THROUGH W, INCLUSIVE, 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.
PARCEL 4:
LOTS A AND 8, INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
16479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER
27, 2021.
APN: 273-110-07-00, 273-110-08-00 and 273-110-18-00
SMRH :4868-1334-1736 .2
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-Exhibit A-
40RN-325209
Covenant Regarding Real Property
STATE OF ARIZONA}
COUNTY OF MARICOPA}
BEFORE ME, the undersigned authority, a Notary Public in and for the State of An·zan~ , on
this day personally appeared , 1./e,«11 1,J · &,/1-KJh '
m(j,J /,LijfL of Essential Housing Asset Management, LLC, an Arizona
limited liability company, Authorized Agent of AG EHC II (LEN) CA 2, L.P., a Delaware limited
partnership, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that (_)he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of said
company.
Given under my hand and seal of office this_&_ day of 1,/4vem }u ,... ., ,2012 .
Notary's Signature
Name typed or printed
Commission Expires
SMRH :4868-1334-1736.2
I 10822
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Jaime Marie Adams
Notary Public
Maricopa County, Arizona
My Comm . Expires 07-01 -25
1 .. Commission No. 607030
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.
California }
County of San Diego
State of
On November 15, 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/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity{fes ),
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 /
e • e e e e& • 1
DIANE SCOTT
Notary Pub lic • California x
San Diego County ~
Comm iss ion # 2287339 -
My Comm , Expires May 30, 2023
(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 of that document.
State of Cali~a '?')
County of ~ fl tJIP ·
On :J-8 /4.J c) ti , 2-@2: -;;i..____ before me, --"'---=-'-'~=+---'-'-----'----'-"'-c.:..=-=--<----L..=--..c....;.......:........,q...-+-
7 7 (insert name and title of the officer)
personally appeared /<a h er: f ·-:s-. m a n /,)'.
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.
WITNESS my hand and official seal. a:
z
Signa~&A/Jcseal) f
LAURA A. STEWART i
Commission No . 22.82980 ~
NOTARY PUBI.IC -CAUFORNIA ]
SAN DIEGO COUNTY l
Commission Expires April 9, 2023. l