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Covenant Regarding Real Property 2023-0052873RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 317-490-55, 317-490-69 DOC# 2023-0052873 I llllll 111111111111111111111111111111 lllll lllll 11111111111111111111111 Mar 01, 2023 02:43 PM OFFICIAL RECORDS JORDAN Z . MARKS , SAN DIEGO COUNTY RECORDER FEES $95 .00 (SB2 Atkins : $75 00) PAGES: 3 (This space for Recorder's Use) 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 12831, 12835, 12849, 12857, and 12943 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 ("PROJECT" hereinafter) and Development Review (DR) 20-002, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that the public open space shall remain accessible and useable by the public (i.e. no gate, wall, or other form of separate or restriction of access) from the public Right-of- Way, and that future use of the restaurant spaces identified in the approved plans for the PROJECT shall be restricted to restaurant or similar uses. 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. OWNER: FAIRFIELD POWAY, LLC a Delaware limited liability company By: FRH CC Manager LLC a D ware limited liability company er-Manage r Date: ,, /4.z..-/4 2.----+-/-7--- (signatures must be notarized) ACKNOWLEDGMENT 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 22, 2022 before me, Shannyn Daye Henkel, Notary Public, (insert name and title of the officer) personally appeared _E_d_M_c_C_o_y _____________________ _ 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 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. 1• ft ft. ft ft ft ft ft ft ft ft I ", SHANNYN DAYE HENKEL : • , .... '""". ""-'• : ~ <· -Siln Diego c;ounty ~ ~ r .• Commission # 231237& - •,,. .... My Comm. Ex:,ire'i Ho v 11 , 2023 Signat (Seal) Exhibit A Legal Description LOT 1 OF CITY OF POWAY TRACT NO. 20-003, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 01, 2022.