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.