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Covenant Regarding Real Property 2021-0571938RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0571938 1111III IIII 1111111111111111111111111111111111111111111III Aug 11, 2021 11:44 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 4 APN: 317-101-01-00 COVENANT REGARDING REAL PROPERTY Neighborhood Healthcare ("OWNER" hereinafter), is the owner of real property commonly known as 13010 Poway Road ("PROPERTY" hereinafter). Pursuant to Poway Resolution P-16-12 and in consideration of the approval of Development Review 16-005 and Variance 16-003, a request to construct 8,509-square-foot medical center at the above -referenced vacant property by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to enter into a mutual easement agreement for ingress and egress to the neighboring property to the east, commonly known as 13020 Poway Road ("GRANTEE" hereinafter) to allow internal vehicular and pedestrian access to be constructed and maintained between the parking Tots of the two properties. Said Grant of Easement is contingent upon GRANTEE granting to OWNER a similar access easement to GRANTEE's property. The easement shall become effective only upon the recording of the second such easement by GRANTEE in conjunction with the future redevelopment of GRANTEE's property. The general location of the future access easement is shown in the attached Exhibit A. The final location of the future access easement shall be subject to approval by the Director of Development Services and shall result in the elimination of no more than three parking spaces along the east property line unless agreed upon by Owner and the City. 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. Dated: al I5 13/ °2a 2 OWNER OR AUTHORIZED AGENT: Rakesh Patel MD, CEO Neighborhood Healthcare CITY OF POWAY: Dated: '81/4 By: Robkrt J. Manis, irect (Notarize) r of evelop lent Services CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT L. 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 Sall P\ On cmn 13. ao)'i before me, i �01i1/1- J(cVt°+4r>i (here insert name nd title of the o er) personally appeared P ak�s� act e( who proved to me on the basis of satisfactory evidence to be the person(whose name( I 'afk subscribed to the within instrument nd acknowledged to me that (sja'e/they executed the same in 0/h/theaff authorized capacity0s1, and that by ii /lyer'/th€4fsignature(s) on the instrument the personor the entity upon behalf of which the person 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. Signature �''',,�u JENNIFER JEAN IRVING COMM. #2291782 z Notary Public - California o San Diego County -• My Comm. Expires June 7, 2023 I (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this a kfiowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/Gen: al ❑ Trustee(s) ❑ Other: represent Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ CU Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. 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 August 9, 2021 Date before me, Yvonne Mannion, Notary Public 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission tl 2363699 My Comm. Expires Jul 1, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL A7 tldt e A.16)(1,n 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 Real Property DR16-005 and VAR16-003 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 — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Parking Lot Existing Medical Center 13010 Poway Road Poway Road Exhibit A 1 GENERAL LOCATION OF FUTURE VEHICLE INGRESS AND EGRESS EASEMENT 13020 Poway Road ._.J tN