Covenant Regarding Real Property 2019-0205885Recording 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: 323-092-40
DOC# 2019-0205885
Illllllllllllll IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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 14115 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 on property referred to as 14107
Stowe Drive and adjacent to the property line shared with the PROPERTY, 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.
SORB NTO EST OP IES, INC.:
Dated: By: 4 J '
oseph E. Maskalenko, Senior Vice President
CITY OF P WAY:
Dated: %y By:
ob rt I Manis, irector o D velop ent Services
4846-6559-7846.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
P O BOX 789
POWAY CA 92074-0789
APN: 323-092-40
(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 14115 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 on property referred to as 14107
Stowe Drive and adjacent to the property line shared with the PROPERTY, 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.
SORB NAEMaskalenko,
ST ROP TIES, INC.:
Dated: �l f1�9 By: osepSenior Vice President
CITY OF P WAY:
Dated: ��i ! By; ;64�- -'(—--
ob rt J. Manis, irector o D Qv-eIOpDt Seryices
4846-6559-7846.vI
CALIFORNIA ALL-PURPOSE •.
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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 n )
County of — uV1 pt eqD -�^)
On g�bl' J before me, JO!Ke- 4i • 2;ZGhm ct �J �QY&4 C,
Date Here Insert Name and 71ile of the Officer
personally appeared �S �d � MdsAa1cAkb _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(NO whose name(A) is/a*
subscribed to the within instrument and acknowled ed to me that he/sPQ/th)1j executed the same in
his/hk/tXir authorized capacity(ik), and that by his/*/tl�ir signature(4 on the instrument the person()Q,
or the entity upon behalf of which the person( acted, executed the instrument.
JOYCE E. ZACHMAN
Notary Public - California =
z San Diego County
Commission N 2188751
My Comm. Expires Apr 25, 2021
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 _
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Title or Type of Document:
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C] Corporate Officer — Title(s):
D Partner — D Limited ❑ General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
Signer Is Representing:
Signer's Name:
1 Corporate Officer — Title(s):
G Partner — r Limited L:.1 General
D Individual ❑ Attorney in Fact
L -.i Trustee ❑ Guardian or Conservator
Cl Other:
Signer Is Representing:
02014 National Notary Association ^ www.NationalNotary.org ^ 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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 MaAl 014 , J-bl q before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Q-6berL :1. Mag 1 S
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persona' whose name(a)- is/are
subscribed to the within instrument and acknowledged to me that he/she/Trey executed the same in
his/h,@Wtheir authorized capacity(ieg), and that by his/Tier/their-signature(srn the instrument the person),
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVONNE MANNION
Notary Public - California
z San Diego County
] Commission # 2201766
My Comm. Expires Jun 18, 2021
w..
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 n; ;, Cl)
61')�, 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 2:
PARCEL 2, 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. 2019-700914.