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Covenant Regarding Real Property 2015-0542309RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 323 - 500 -080 and 323 -500- 090 DOC# 2015- 0542309 Oct 16, 2015 09:01 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $18.00 PAGES. 2 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY HCP LS Poway I LLC ( "OWNER" hereinafter), is /are the owner(s) of real property located at 14105 Kirkham Way ( "PROPERTY hereinafter) and more fully described as Lots 8 and 9 of Tract 98- 05 according to map number 13852 filed in San Diego County on September 17, 1999. In consideration of the approval of Building Permit 15 -1205, a request to construct 8 foot high security fencing for a defense industry use in the front yard setback area, at the above - referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the 8 foot high security fence shall either be removed, or reduced to 4 feet in height, in the front yard setback area upon the change in property use from a defense industry related use, which requires a United States Department of Defense (DOD) security clearance, to a use not requiring a DOD security clearance. This Covenant shall run with the land and be binding upon and inure to the benefit of 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. OWNER: HC Poway I LLC Dated: 10h1vif otarize) �V(�Cf/fIEL � l7� � 5 Dated (Notarize) CITY OF PO AY: Dated: /0 2 S By: o rt J. Mavis, I 7recabir 6f velo ent Services /5 -077 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 3an oie ) On before me trt50. ` e gjrt L t ytj to Hee Insert Na a and Title of a Officer personally appeared Namet(S) of who proved to me on the basis of satisfactory evidence to be the persons) whose name* is/qlFe subscribed to the within instrument and acknowledged to me that he/sbe/thejy executed the same in hisn)&/t�dlr authorized capacity(ieQ, and that b hist* /the( signature,$)'on the instrument the person, or the entity upon behalf of which the personoacted, executed the instrument. TN RESA SC�AeRLLETT Commission a 2013036 Notary Public - Cslitornis San Diego County M es A r 4, 2017 Place Notary Seal 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. SignatureTme. ," Signature of 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: Number of Pages: Document Date: Signers) 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: Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited i General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907