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Covenant Regarding Real Property 2019-0205884Recording Requested By: FIRST AMERICAN TITLE National Commercial Services RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 APN: 323-092-39 DOC# 2019-0205884 II II III I IIIII IIII Il IIII I III I Illi 11 II 11 11 11 II III Illl Ill May 30, 2019 10:05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) PAGES: 4 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Sorrento West Properties, Inc., a Delaware corporation ("OWNER" hereinafter), is the owner of real property commonly known as 14107 Stowe Drive, Poway, California ("PROPERTY" hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. 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, which in the case of successors and assigns of OWNER, shall be limited to their respective periods of ownership of the PROPERTY. Prior to the sale of the PROPERTY, the existing canopy that is located adjacent to the property line of the PROPERTY shared with property referred to as 14115 Stowe Drive, Poway, California, as shown on City of Poway Tentative Parcel Map 17-001, shall be removed ("CANOPY" hereinafter). If the CANOPY is to remain, the sale of PROPERTY is prohibited until a firewall is installed at the existing CANOPY. The firewall shall meet City of Poway Building Code requirements at the time of installation. Following the removal of the CANOPY or installation of said firewall in accordance with this Covenant, the City of Poway shall promptly execute and record a release, extinguishment, and termination of this Covenant at the request of OWNER. In no event shall this Covenant operate to defeat or render invalid the rights of any mortgagee under any mortgage or deed of trust encumbering the PROPERTY made in good faith and for value, provided that after foreclosure of any such mortgage or deed of trust, the PROPERTY shall remain subject to this Covenant. 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. SORRENTO WEST ROP IES, INC.: Dated: "I By: 41eph E. Maskalenko, Senior Vice President CITY OF PO AY: Dated: 1 By: Rob rt J. Manis, biActdrnf veAR pm nt Services 4824-9629-0710.v1 Recording Requested By: FIRST AMERICAN TITLE National Commercial Services RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P0BOX 789 POWAY CA 92074-0789 A P N: 323-092-39 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Sorrento West Properties, Inc., a Delaware corporation ("OWNER" hereinafter), is the owner of real property commonly known as 14107 Stowe Drive, Poway, California ("PROPERTY" hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. 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, which in the case of successors and assigns of OWNER, shall be limited to their respective periods of ownership of the PROPERTY. Prior to the sale of the PROPERTY, the existing canopy that is located adjacent to the property line of the PROPERTY shared with property referred to as 14115 Stowe Drive, Poway, California, as shown on City of Poway Tentative Parcel Map 17-001, shall be removed ("CANOPY" hereinafter). If the CANOPY is to remain, the sale of PROPERTY is prohibited until a firewall is installed at the existing CANOPY. The firewall shall meet City of Poway Building Code requirements at the time of installation. Following the removal of the CANOPY or installation of said firewall in accordance with this Covenant, the City of Poway shall promptly execute and record a release, extinguishment, and termination of this Covenant at the request of OWNER. In no event shall this Covenant operate to defeat or render invalid the rights of any mortgagee under any mortgage or deed of trust encumbering the PROPERTY made in good faith and for value, provided that after foreclosure of any such mortgage or deed of trust, the PROPERTY shall remain subject to this Covenant. 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. SORRENTOST ROPE IES, INC.: �/9 l �. Dated. / -I By: J eph E. Maskalenko, Senior Vice President CITYOF PO AY: Dated: ! By: Rob rt J. Man is, Dict r evel pm nt Services 4824-9629-0710.0 CALIFORNIA• r . • D: § 1189 C�t_s�C s��• at.c�t.aYsC•!s�t�Ca� .c�ts� .rt_.�t_.�s�t� ..�t..�Ls� �Latsat..�t..a T. s� ..� .a�t.a..r'�. s�2�C.•.�C.r•.�Cs� ats�t at�t..�.... . 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 uyl Dl Epp _'') On aoir1 before me, To G E's • 2xc, imot /V Tae � Date Here Insert Name and 7ftle of the Officer personally appeared JMQS ,(etgkt> Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose name0o is/a)6 subscribed to the within instrument and acknowledged to me that he/sK/they executed the same In his/hy)k/th) it authorized capacity(i*), and that by his/h)fr/t* signatureN on the instrument the person(A, or the entity upon behalf of which the person(N acted, executed the instrument. JOYCE E. ZACHMAN NotaryPublic-California Z San Diego County > Commission k 2188751 My Comm. Expires Apr 25, 2021 JOYCE E. ZACHMAN Notary Public - California Z San Diego County > Commission N 2188751 My Comm. Expires Apr 25, 2021 miq 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. Signature V ' _ nature of N&dry 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I-1 Corporate Officer — Title(s): ❑ Partner — [_1 Limited C7 General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _1 Corporate Officer — Title(s): G Partner — ❑ Limited I General 11 Individual ❑ Attorney in Fact L� Trustee ❑ Guardian or Conservator 1-i Other: Signer Is Representing: • a'✓,• . s4 ✓.'• a•s •• ,••✓ -ti4'•✓ ✓a' a'•✓a'✓ '✓ � 'sa<✓. '�.' a a s� •✓ ✓ ••✓a . s.'✓a'.i •✓.,• ,•✓a'.v •✓,•✓.•✓a'•✓.'✓s s.:'✓ ,•i 'ri. ✓a'✓.' O 1 • • • • • • • • t / , • A - t / / • • t / 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 San Diego ) On 1 �1 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared 1 fC 1 . MCin; S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s'r is/are subscribed to the within instrument and acknowledged to me that he/stfe-Ut4ey executed the same in his/her/thetr authorized capacity(ies} and that by his/herltheir signature(ayon 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. YVONNE MANNION NotaryPublic- California WITNESS my hand and official seal. San Diego County n z Commission # 2201766 My Comm. Expires )un 18, 2021 SI nature /� gyl AAL >_ 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 of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A Legal Description of the Property THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FOLLOWS: PARCEL 1: PARCEL 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 21687, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, May 22, 2019, AS FILE NO. 2019-7000194.