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Covenant Regarding Real Property 2022-0364341RECORDING REQUESTED BY STEWART TITLE GUARANTY COMPANY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 DOC# 2022-0364341 Illlllllll11111111111111111111111111111111111111111111111111111111 Sep 14, 2022 01:58 PM 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: 314-370-05 G.C. 6103 Exempt from Recording Fees for Benefit of Public Agency G.C. 27383 For Benefit of Public Agency - No Fees Due COVENANT REGARDING REAL PROPERTY New Pointe Investment 43 LLC ("OWNER" hereinafter), is the owner of real property known as Assessor's Parcel Number 314-370-05 ("PROPERTY" hereinafter). Pursuant to condition number C.14 of City Council Resolution No. P-18-08 approving TTM16- 005, OWNER hereby agrees that height of the single-family homes on Lots 9 and 10 shall be limited to 28 feet in perpetuity. 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: 9' u- zz OWNER OR AUTHORIZED AGENT: New Pointe Investment 43 LLC Sandstrom, Vice President CITY OF POWAY: Dated: - 3 Z Z By: . David DeVries, City Planner (Director of Development Services Designee) (Signatures must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .t-�(+,cr..e:C�,�-,carc:r.�2c�'•`,�cc:('.cue.�(`.c�S�d'�'��.,.e�:�.s-�(`.c-c�,�-c�'��,cYY.c�`,c;C�.c�"-ss;`�.���%`�',cx'�,c��iY�'4.s-�,c�,�:(�.c-:�`,rcac:f� 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 13, 2022 before me, Yvonne Mannion, Notary Public Date Here Insert Name and Title of the Officer personally appeared Tyler Sandstrom 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. *My YVONNE MANNION Notary Public - California San Diego CountyCommission 0 2363699 Comm, Expires Jul 1, 2025 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 I, Signature of Notary Public 1. 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: Covenant Regarding Real Pro 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 F-1 Other: Signer Is Representing: TTM16-005 Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1-1 Other: Signer Is Representing: 02016 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 13, 2022 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer David DeVries 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. 4 SE�� �� rht, YVONNE MANNION W - Notary Public - California �= San Diego County > Commission # 2363699 `� ; oa"' My Comm. Expires Jul 1, 2025 r 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 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: Covenant Regarding Real Property TTM16-005 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: 02016 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907