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Covenant Regarding Real Property 2021-0202533RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0202533 II1I1II IIII 11111111111II1III 11111II1I11111IIIII111111111 Mar 16, 2021 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APN: 323-500-07 COVENANT REGARDING REAL PROPERTY HCP LS Poway 1 LLC ("OWNER" hereinafter), is the owner of real property commonly known as 14177 Kirkham Road ("PROPERTY" hereinafter) and more fully described as Lot 7 of Tract 98-05 according to map number 13852 in San Diego County on September 17, 1999. In consideration of the approval of Building Permit B20-2005, a request to construct eight -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 eight -foot -high security fence shall either be removed or reduced to four 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, inure to the benefit of and be binding upon Owner, future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, and is hereby expressly declared to be enforceable by the City of Poway. In the event of litigation 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. Dated: 3/ii / OWNER OR AUTHORIZED AGENT: HCP LS Poway I LLC vC Michael Dorris (Notarize) Title: " CITY OF PO AY: Dated: 3/1-41 By: R: be J. Manis, Director of D elo t Services (Signatures Must Be Notarized) CALIFORNIA 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 (O_v1 On Mia irc ) ( -O 2. I before me, Date personally appeared • } Here Insert Name and Title of t e Officer r)rrtS 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. REBECCA TUTT 1 1 Notary Public - California San Diego County Commission if 2258958 My Comm. Expires Sep 20, 2022 Place Notary Seal and/or Stamp 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 OPTIONAL Signature of Notary Public 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: COV Yt - get3arda " i Aro per -4-9f) - ZOOS Document Date: / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: 0 Guardian or Conservator ©2019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 vs. w<vtr'•w sn. mo w m. w w -w ww-w.twk." a• w _w-Sk,t w w-11ki/R 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 March 4, 2021 before me, Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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. YVONNE MANNION Notary Public - California San Diego County Commission n 2201766 My Comm. Expires Jun 18, 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 j J, ' OPTIONAL Signature of Notary Public 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: Covenant Regarding Rea! Property B20-2005 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ti�zccC�C�rez:.cYcZticrcvv_`_=CicT�nzc�GzL ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907