15_0055296Recorded at request of and return to:
Transportation & Land Management
Agency
4080 Lemon Street
Riverside, California 92509
FREE RECORDING
This instrument is for the benefit of
the County of Riverside, and is
entitled to be recorded without fee.
(Govt. Code 6103)
DOC # 2015 - 0055295
02/10/2015 11:32A Fee:NC
Page 1 of 4
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor, County Cleric & Recorder
1 IN 1111111 III 1
S.
R
U
PAG
SIZE
DA
MISC
LONG
RFD COP
M
A
L
465
426
PCOR
NCOR
SMF
CH U ` M
i UNI 1 0'
T:
CTY
APN: 370- 290 -018 & 370 - 280 -027 (Space above this line for Recorder's use) 105
COVENANT and AGREEMENT
and DECLARATION of RESTRICTIONS
(Waiver of Future Collocation)
This COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS is
made and entered into this 5_ day of 02 2015 by
[DAY] [MONTH] [YEAR]
First Assembly of God, of Elsinore, California as "Declarant" with reference to the
[NAME]
following facts:
A. Declarant is the record owner of the real property (the "Property ") situated in the
area of Lake Elsinore County of Riverside, State of California, described as
[CITY]
follows:
[INSERT LEGAL DESCRIPTION: See Exhibit A attached hereto and incorporated herein.]
B. The Property, known as 19740 Grand Avenue is
[ADDRESS]
15.86 acres in the _R -R Rural Residential zone and is
[NUMBER] [ZONING CLASSIFICATION]
developed as a church.
C. Declarant proposes to construct an approximately _53' -9" wireless
[size]
telecommunications facility on the Property.
D. As a condition to the issuance of a building permit for the Property, the County of
Riverside is requiring Declarant to execute and record this Covenant and Agreement and
Declaration of Restrictions ( "Covenant ") which places certain restrictions on the wireless
telecommunications facility to ensure the use of the Property remains consistent with the
Government Code 65850.6 and all other laws under the State of California and the County of
Riverside. Declarant desires to restrict the use of the Property, including the use of the wireless
telecommunications facility, and to put future owners on notice of terms of this Covenant.
NOW THEREFORE, for the purposes of complying with the conditions imposed by the
County of Riverside, through its Transportation & Land Management Agency (TLMA), Declarant
hereby covenants and agrees with TLMA that the following acknowledgment, waiver and
restriction shall apply to the Property:
Declarant hereby acknowledges that any subsequent collocation facility is prohibited and
hereby waives for himself, his successors or assigns any and all rights to a collocation facility
accorded by Government Code 65850.6(x) unless Declarant obtains approval of a wireless
telecommunications collocation facility that meets the requirements of Government Code
65850.6(b).
Any person, whether an individual, corporation, association, partnership or otherwise,
who now or hereafter owns or acquires any right, title or interest in or to any portion of the
Property shall be deemed to have consented and agreed to the restrictions on the use of the
Property as set forth herein.
If any provision, clause, sentence or paragraph of this Covenant and Agreement and
Declaration of Restrictions shall be held invalid, such invalidity shall not affect the other provisions
of this Covenant which can be given effect without the invalid provision or application, and to this
end, the provisions of this Covenant are hereby declared to be severable.
The terms of this Covenant may be enforced by the County of Riverside, its successors
or assigns, The procedures, remedies, and penalties for violation of the terms of this Covenant
and for recovery of costs related to enforcement are provided for in Riverside County Ordinance
No. 725, as codified in Riverside County Code Title 1, Further, a building permit may be revoked,
and demolition of the wireless telecommunications facility may be ordered, in accordance with
Riverside County Ordinance No. 348. Should the County of Riverside bring an action to enforce
the terms of this Covenant, the prevailing party shall be entitled to reasonable attorneys' fees,
expert witness fees, and reasonable costs of suit.
This Covenant shall run with the land for the benefit of the County of Riverside and each
and all of its terms shall be binding upon Declarant, his heirs, successors and assigns, and shall
continue in effect until such time as released by the County of Riverside, or its successors or
designee, by a writing duly recorded.
IN WITNESS WHEREOF, Declarant has caused this Covenant and Agreement and
Declaration of Restrictions to be executed as of the day and year first written above.
Dated: ss
Dated:. 1 9 1
ed Signature of Der nt]
nt
[Nbtafized Signature of Declarant]
D6ofarant NA �,D;1 6 ;h
G: 1Property \LRMCKenna\LandUse\CCRsReview IWTCF waiver covenants final.doc
.1 0 1 615-0055296
111111111111111111111111111111111111111111111111111111 2 of 4
CALIFORNIA ALL - PURPOSE 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 11iQIr ,(�F'_ )
On t l7 before me, 4 l Q_ V, , c A r�
U.
Date __ Here Insert Name and Title of the Officer
personally appeared
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((es), 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.
MELINDA JARVIS
Commission # 2077474
Z ; 'a " Notary Public - California z
z;. r
Riverside County
s 's*awTM Comm. Expires 14, 2018 L
Place Notary Sea/ 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,,_ -` _
Signal re oY Notary Public
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:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
1. :1 Corporate Officer — Title(s):
IF] Partner — L Limited i :.::.1 General
[ 1 Individual i ' Attorney in Fact
C I Trustee J Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
is Corporate Officer — Title(s):
4 Partner — L] Limited ,:::1 General
I Individual i :;1 Attorney in Fact
i_7 Trustee 1 i Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
IN • 2015-05296 ` `• of 4
CALIFORNIA ALL - PURPOSE 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 Cal nia )
County o , ke )
On Ti��, _: f � before me, t dC sw,
Date Here Insert Name and Title of the Officer
{
personally appeared �� s i �_)
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.
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.
MELINDA JARVIS
Commission # 2077474
Notary Public -California z � X
z Riverside County n Signature
Comm. Ex ire s Au 14, 2018 Signa 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:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
a Corporate Officer — Title(s):
Partner — i;a Limited i 7 General
Cii Individual I I Attorney in Fact
C; I Trustee I 1 Guardian or Conservator
(:. 1 Other:
Signer Is Representing:
Document Date:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907
Signer's Name:
Corporate Officer — Title(s):
Partner — L:._I Limited [_ !General
L.i Individual : .I Attorney in Fact
Trustee L: Guardian or Conservator
i Other:
Signer(s) Other Than Named Above:
11111111111 IIIIIIIIIIII��I��I�NIVIIIIIIII `�'T' 15 "A`° of 4