Loading...
Covenant Regarding Real Property 2024-00088531/11/24, 2:54 PM Batch 16878173 Confirmation RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 DOC# 2024-0008853 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Jan 11, 2024 02:12 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APNs: 277-172-01, 277-172-02, 277-172- 03, 277-172-04, 277-172- 05, 277-172- 06 COVENANT REGARDING REAL PROPERTY New Pointe Investment 52, LLC ("OWNER" hereinafter), is the owner of real property located at 16343 Sage Trails Ct., 16346 Sage Trails Ct., 16347 Sage Trails Ct., 16350 Sage Trails Ct. and 16351 Sage Trails Ct. and 16925 Old Coach Rd. ("PROPERTY" hereinafter). The PROPERTY is located within the Very High Fire Hazard Area. As such the development of a residence on the PROPERTY, pursuant to Development Review DR 23-0001 on file with the City of Poway ("CITY" hereinafter), requires the implementation of a landscape and irrigation plan designed in accordance with the CITY Landscape and Irrigation Design Manual ("Manual" hereinafter). In consideration of the approval of development on the PROPERTY, the OWNER acknowledges and agrees to maintain in perpetuity the improvements specified on the landscape and irrigation plan LP 23-0008 on file with the CITY ("PLAN" hereinafter). The OWNER also acknowledges and agrees that proposed changes to the improvements specified on the PLAN require CITY approval before they are made to ensure compliance with the Manual. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY may require an amendment to the PLAN and the payment of plan review and inspection fees. The OWNER acknowledges and agrees that no habitat clearing or improvements to the PROPERTY is permissible beyond that which is specified within the approved PLAN, except if the PLAN is modified and approved by the CITY. 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. OWNER OR AUTHORIZED AGENT: New Pointe Investment 52, LLC 1 f Dated: I' Z3 /Z � 2 S Ty er Sandstrom, Vice President CITY OF POWA Dated: By: Robel J. Manis, Direbtor of Deve pme t Services (Signatures must be notarized) https://gs.secure-erds.com/Batch/Confirmation/l6878173 1/2 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 (This space for Recorder's Use) APNs: 277-172-01, 277-172-02, 277-172- 03, 277-172-04, 277-172- 05, 277-172- 06 COVENANT REGARDING REAL PROPERTY New Pointe Investment 52, LLC ("OWNER" hereinafter), is the owner of real property located at 16343 Sage Trails Ct., 16346 Sage Trails Ct., 16347 Sage Trails Ct., 16350 Sage Trails Ct. and 16351 Sage Trails Ct. and 16925 Old Coach Rd. ("PROPERTY" hereinafter). The PROPERTY is located within the Very High Fire Hazard Area. As such the development of a residence on the PROPERTY, pursuant to Development Review DR 23-0001 on file with the City of Poway ("CITY" hereinafter), requires the implementation of a landscape and irrigation plan designed in accordance with the CITY Landscape and Irrigation Design Manual ("Manual" hereinafter). In consideration of the approval of development on the PROPERTY, the OWNER acknowledges and agrees to maintain in perpetuity the improvements specified on the landscape and irrigation plan LP 23-0008 on file with the CITY ("PLAN" hereinafter). The OWNER also acknowledges and agrees that proposed changes to the improvements specified on the PLAN require CITY approval before they are made to ensure compliance with the Manual. At the CITY's discretion, based on the extent/scope of any proposed change, the CITY may require an amendment to the PLAN and the payment of plan review and inspection fees. The OWNER acknowledges and agrees that no habitat clearing or improvements to the PROPERTY is permissible beyond that which is specified within the approved PLAN, except if the PLAN is modified and approved by the CITY. 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. Dated: C �/ �-S / `� s Dated: ffZZ,;&-3 OWNER OR AUTHORIZED AGENT: New Pointe Investment 52, LLC 1 r=_ Tyler Sandstrom, Vice President CITY OF POWA Manis, Di (Signatures must be notarized) Developmek Services ALL-PURPOSECALIFORNIA • •D 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 `� r� !J 1 On before me, LDS iv-� Notary Public, ate II Here Insert Name and Title of the Officer personally appeared �� Ief4 ':::s• {Aril S Name(s) of Signer(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. *my ELUS WEBSTERNotary Public - CaliforniaSan Diego County Commission N 2452080 Comm. Expires Jul t, 2027 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:�� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 \__��/� On , �3 ✓ q 61before me, A2171 . L 144 1 ,� �t� z✓cam, /�/� c_. ate Here �sert Na�Title of the icer personally appeared 1 yi v Nome(s) of Signer(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. 00,7;.CARRIE LYNN BYRD Notary P;.biic • California San Diego County Commission # 2388292 y Comm. Expires Dec 25, 2025 Place Notary Seal and/or Stamp Above 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 �" Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: