Covenant Regarding Real Property 2002-0120431
~;::;. IiiECORDING REQUEST BY. l (J04493 DOC '2002-0120431
CITY OF POWAY )
) FEB 12, 20CJ2 8:46 AM
WHEN RECORDED MAIL TO: )
) lfFICIAL RECORDS
CITY CLERK ) SAN DIEGOCOUNTY'REDORDER'S OF'ILE
CITY OF POWAY ) rMGORV J. SMITH, COliffi' REaJ<DER
/:' POBOX 789 ) FEES: 10.00
1"", POWAY CA 92074-0789 ) 1I11111~11111111111111111111
"I' )
'-:1 No Transfer Tax Due ) (This Sp
2002,0120431
COVENANT REGARDING REAL PROPERTY
Bernardo Winery, Inc" A California Corporation, Property Owner ("OWNER" hereinafter) of
real property which is commonly known as Assessor's Parcel N\lmber 273-100-24, located at 13150
Old Winery Road, Poway, CA ("PROPERTY hereinafter) and more fully described as:
Parcel 2 of Parcel Map No. 10710 in the City of Po way, County of San
Diego, State of California, according to Map thereof filed in the Office of the
County Recorder of San Diego County, November 20, 1980.
In consideration of approval of TPM01-01 on the referenced property by the City of Poway
("CITY" hereinafter), OWNER hereby agrees that a 50~foot setbilck buffer will be established for any
future building for the 440-foot distance extending along the easterly property line north from the
southeasterly property corner. The intent of the buffer is to insure that no structures, including
accessory structures, are to be built in said buffer area. Only landscaping is allowed.
This Covenant shall run with.the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
If either party is required to incur costs 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. The CITY may assign to persons impacted by the perforrnance of this
Covenant the right to enforce this Covenant against OWNER.
Date:
I
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Owner:
Bernardo Wi!1ery, Inc" A California Corporation
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Ross Rizzo 'J. ~
Its: President
Dated:
J./d, ()1-
.
CITY OF POWA~ r/J
By: I'e-t/
Nial Fritz, Director of D v pment Services
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. -qCjtLIFORNIA ~LL.PURP. ACKNOWLEDGMENT
.04494
State of California
County of San Die~o
On January 18, 2002
Dale
before me,
Anastasia V. Sheehan
Name and Tille 01 Officer (e.g "Jane Doe, Notary Public")
personally appeared
Ross Rizzo
Name(s) of Signer(s}
it ANASTASIA'V.,SHEEHAH
.. ," .' - ~".,AA.,.1.12t.cc:JPO
I ~g' ~~':-CcllIIaNI
'" County
Mot CCImni. &pires '-71. zm
o personally known to me - OR - [iJ'proved to me on the basis of satisfactory evidence to be the person(s)
whose name(j\) Qiilare subscribed to the within instrument
'- .
and acknowledged to me that l1e/sheltRey executed the
same inliislhsrJthsir authorized capacity(ieS), and that by
his/~ir signature(,S) on the instrument the person(,j;),
Or the entity upon behalf 01 which the person(!;!) acted,
executed the instrument.
WITNESS my hand and official seal.
, -
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Signature of Notary Public
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OPTIONAL
Though the information be/ow is notrequired by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
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Document Date:
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Number 01 Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s): '
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
0.- 'Attorney-in,Fact
o Trustee
ci Guard'ianor'Conservator
o Other: Top of thumb here
Signer Is Representing:
Signer Is Representing:
C 199<1 National Notary Assoclalloll . 8236 Remmel Ave., P.O. Box 7184 . Canoga Pari<. CA 91309-7164
Prod. No. 5907
Reotdec Call Toll-Free 1-600-676-6827