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Covenant Regarding Real Property 2022-0452303Recording Requested By: Lennar Title 192002-001390 RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) ) DOC# 2022-0452303 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Nov 29, 2022 02:33 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $104.00 (SB2 Atkins: $75.00) PAGES: 6 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership, and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (collectively, "OWNER" hereinafter) are the owners of real property described in the legal description attached hereto as Exhibit A and made part hereof ("PROPERTY") hereinafter. Pursuant to City of Poway City Council Resolution No. 20-052 Section 1.28, future development of the Open Space Land Use Districts are restricted to the uses and other restrictions specified in The Farm in Poway Specific Plan (SPP) 18-001 (TFIPSP) in accordance with City Council Ordinance No. 842. Parcels within the Open Space Land Use Districts (designated as Open Space -Conservation (OS-C) and Open Space -Recreation (OS-R)) are restricted to the "Permissible Open Space Uses" and residential dwelling units are prohibited in the OS-C and OS-R land use districts in the TFIPSP. Residential land use districts within the TFIPSP shall not exceed the maximum residential density permitted for that district in the TFIPSP. Upon granting of the certificate of occupancies in accordance with the TFIPSP, there will be a maximum of 160 permitted single-family homes on the PROPERTY. 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. This Covenant may be modified with the written consent of the City of Poway if the City adopts land use regulations superseding or specifically permitting modified use or density in the OS-C and OS- R land use districts of the TFIPSP. The TFIPSP was adapted by initiative and any such change in land use regulations will require a vote of the electorate of the City of Poway. The restrictions set forth in this Declaration shall be subject to applicable state and federal law and may not be interpreted or implemented in a manner that would violate state or federal law. 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. [Signatures on Following Pages] SMRH :4868-4208-8742.2 -1- RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 9207 4-0789 ) ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY AG EHC II (LEN) CA 2, LP., a Delaware limited partnership, and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (collectively, "OWNER" hereinafter) are the owners of real property described in the legal description attached hereto as Exhibit A and made part hereof ("PROPERTY") hereinafter. Pursuant to City of Poway City Council Resolution No. 20-052 Section 1.28, future development of the Open Space Land Use Districts are restricted to the uses and other restrictions specified in The Farm in Poway Specific Plan (SPP) 18-001 (TFIPSP) in accordance with City Council Ordinance No. 842. Parcels within the Open Space Land Use Districts (designated as Open Space -Conservation (OS-C) and Open Space -Recreation (OS-R)) are restricted to the "Permissible Open Space Uses" and residential dwelling units are prohibited in the OS-C and OS-R land use districts in the TFIPSP. Residential land use districts within the TFIPSP shall not exceed the maximum residential density permitted for that district in the TFIPSP. Upon granting of the certificate of occupancies in accordance with the TFIPSP, there will be a maximum of 160 permitted single-family homes on the PROPERTY. 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. This Covenant may be modified with the written consent of the City of Poway if the City adopts land use regulations superseding or specifically permitting modified use or density in the OS-C and OS- R land use districts of the TFIPSP. The TFIPSP was adapted by initiative and any such change in land use regulations will require a vote of the electorate of the City of Poway. The restrictions set forth in this Declaration shall be subject to applicable state and federal law and may not be interpreted or implemented in a manner that would violate state or federal law. 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. [Signatures on Following Pages] SMRH:4868-4208-8742.2 -1- Dated: / / / / / 'Z 1----'------'--=---- Dated: _)!_/_3~/1;_:2-__ Dated: _I__,_'/ f;-'---,3/4.,...._.=z,'---z._ __ SMRH:4868-4208-8742.2 OWNER OR AUTHORIZED AGENT: AG EHC II (LEN) CA 2, L.P. a Delaware limited partnership By: Essential Housing Asset Management, LLC, An Arizona limited liability company, Its Authorized Agent By: Steven S. Benson, its Manager (Notarize) By: Lennar Homes of California, LLC, A California limited liability company, nt By: nder L. Plishner, Vice President (Notarize) (All Signatures to be Notarized) -2- Title to THE PROPERTY is vested in: Exhibit A (PROPERTY) AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership (as to Lots 13 through 24, 35 through 38, 43 through 105, 120 through 124, of Parcel 1 ); Lennar Homes of California, LLC, a California limited liability company (as successor-in-interest by conversion to Lennar Homes of California, Inc.) (as to Lots 161 through 192 of Parcel 1 and all of Parcels 3 and 4) and Lennar Homes of California, LLC, a California limited liability company (as to Lots 1, through 12, 25 through 34, 39 through 42, 106 through 119, 125 through 137 and 145 through 160, inclusive, of Parcel 1 and all of Parcel 2) Real Property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL 1: LOTS 1 THROUGH 137, INCLUSIVE, 145 THROUGH 192 INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021. PARCEL 2: LOTS 138 THROUGH 144 INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021. PARCEL 3: LOTS A THROUGH 0, INCLUSIVE, R THROUGH W, INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021. PARCEL 4: LOTS A AND B, INCLUSIVE, OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021. APN: 273-110-07-00, 273-110-08-00 and 273-110-18-00 SMRH:4868-4208-8742.2 -3- STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this _J_ day of J'Wel'1Jt,,; 2022, by Steven S. Benson, the Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, the Authorized Agent of AG EHC II (LEN) CA 2 , L.P., a Delaware limited partnership, for and on behalf thereof. ~~ (Seal) Exhibit A -Page I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing 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 November 3, 2022 before me, Diane Scott , Notary Public, personally appeared Alexander L. Plishner , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ara subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(fes ), 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Diane Scott I (SEAL) DIANE SCOTT Notary Public • California San Di~o County ! Commission It 2287339 Y Comm . Expires ~y 30, 2023 I •. "I 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 November 3, 2022 before me, ___ Y_v_o_n_n_e_M_a_nn_i_o_n..:...., _N_o_t_a__.ry'--P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer personally appeared _______ R_o_b_e_rt_J_._M_a_n_is ______________ _ 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. ········1 YVONNE MANNION Notary Public • California : San Diego County ~ Commission II 2363699 - y Comm . Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------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 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~~~~~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907