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Covenant Regarding Real Property 2022-0230628RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2022-0230628 1111111111111111111111111111111111111111111111111110111111111111111 Jun 01, 2022 09:03 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: 317-490-55, 317-490-69 COVENANT REGARDING REAL PROPERTY FAIRFIELD POWAY, LLC ("OWNER" hereinafter), is the owner of real properties located in the City of Poway, California, commonly known as 12845 -12857 Poway Road and 12941 Poway Road and more particularly described in the legal descriptions attached hereto as Exhibit A and made a part hereof ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees not to oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities District(s), a Landscape and Lighting District(s), a Maintenance Assessment District(s), an Enhanced Infrastructures Financing District(s)) and agrees not to oppose the formation of a future Business or Property -Based Business Improvement District in which businesses or property owners respectively are required to pay an additional levy to fund improvements or activities within the district's boundaries that includes the PROPERTY. The districts may include, but are not limited to, the payment of a pro rata share of future costs to fund projects within the district's boundaries. 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. Date: y Date: OWNER: FAIRFIELD POWAY, LLC a Delaware limited liability company By: By: Ed CITY OF P By: Rob WAY: FRH CC Manager LLC a Delaware limited liability company on-Meer Manager (signatures must be notarized) -President of Development Services 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 � r County of ; �, v� �[_ A ec:, On Noyt I 1 r O'C before 1,16 II Date personally appeared cra e ore me,'. ,1 Notary Public, Hre Insert Name and Title of the Officer v 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. SHAMMYH DAYE Hcwkm. Notary Publk - CaIHaeda San Diego County Commhsion 1231237e Carom. Expires NOW t 1, 2023 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 anrI-afficial seal. Signatures ` v OPTIONAL 'tary 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: 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 E Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator El Other: Signer Is Representing: ©2016 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 September 23, 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 # 2363699 My Comm. Expires Jul 1, 2025 A Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL 14-1LI.L—Pl1c4rt :�.� 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 TTM20-003 & DR20-002 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 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 File No.: The Land referred toherein below is situated inthe City ofPoway, County ofSan Diego, State of California, and is described as follows: THE WESTERLY 534 FEET OF THE EASTERLY 1034 FEET OF THE NORTHERLY 411 FEET OF THE EAST HALFOF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE Z WEST, SAN BERNARDlNO MERIDIAN, IN THE CITY OFPOWAY COUNTY OFSAND[EGO,STATE OFCALIFORNIA, ACCORDING TOOFFICIAL PLAT THEREOF, NOVEM8ER19,l88O. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDRO CARBON SUBSTANCES LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. For conveyancing purposes only: APN317'400'SS-OO File No:NC5-961]21-SA1 The Land referred to herein below is situated in the City ofPoway, County of San Diego, State ofCalifornia, and is described as follows: PARCEL A: THO8EPORTI0NSOFPAK[ELS1AND2OFPAR[ELMAPNO.3922~DNTHE[ITYOFPOVVAYCOUNlYOF5ANDDEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,]U[Y11,197S AS FILE NO. 75-179597 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHWEST CORNER OFSAID PARCEL MAP NO. BEING APOINT DNTHE CENTER LINE DF TMAT[EK77\NCOUNTY ROAD, KNOVVNASPOVVAYROAD, (ROAD SURVEY NO. 1713);THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP, BEING ALONG SAID CENTER LINE, SOUTH 88"O3'S1"EAST, 1S7.92FEET; THENCE LEAVING SAID NORTHERLY LINE AND SAID CENTER LINE SOUTH 01"19'20" WEST, 197.03 FEET; THENCE SOUTH 88"O3'S1"EAST, 8Z.1OFEET; THENCE SOUTH 01"19'ZO^WEST, 16.D0FEET; THENCE SOUTH 8B"O3'S1"EAST, 110.00 FEET TO THE EASTERLY LINE OF SAID PARCEL MAP; THENCE ALONG THE EASTERLY, SOUTHERLY AND WESTERLY LINE OF SAID PARCEL MAP AS FOLLOWS: SOUTH 01'19'20" WEST, 197.97 FEET TO THE SOUTHEAST CORNER; NORTH O8"03'S1"WEST, 3SO.O2FEET TDTHE SOUTHWEST CORNER AND NORTH U1"19'JO^EAST, 4l1.U2 FEET TDTHE POINT 0FBEGINNING. PARCE B: AN EASEMENT FOR INGRESS AND EGRESS, UTILITIES INCLUDING WITHOUT LIMITATION, WATER, GAS, ELECTRICITY, TELEPHONE, SEWER, DRAINAGE AND CABLE TELEVISION,ANDlN{%DENTALPURPOSESOVER,UNDER,ABOVEAND ACROSS THE EASTERLY 17.O0FEET OFPARCEL 1OFPARCEL MAP NO. FILED lNTHE OFFICE 0FTHE COUNTY RECORDER OFTHE COUNTY OFS8NDlEGO,]ULY11,1975,ASFILE NO. 75-179S970FOFFICIAL RECORDS, For conveyancing purposes only: APN317~49Of0'OO