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Covenant Regarding Real Property 2023-0052875RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF POWAY P.O . BOX 789 POWAY, CA 92074 AP N: 317 -490-55, 317 -490-69 DOC# 2023-0052875 111111111111 lllll lllll llll llllll ll lll lllll lllll lllll 111111111111111111 Mar 01 , 2023 02:43 PM OFFICI A L RECORD S JO RD A N Z . MARKS , SA N DIE GO COUN TY RE CO RDER FEE S $23 00 (S 8 2 Atkins $0 .00) P AG ES 4 (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 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 (TIM) 20-003 and Development Review (DR) 20-002 ("PROJECT' hereinafter), by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to provide access for construction of an internal street connection, at the eastern and western boundaries of the PROPERTY for the completion of a Town Center internal street as described in the Poway Road Specific Plan and further shown in the PROJECT, subject to approval by CITY. Such connection will only be permitted in conjunction with the development of adjacent properties pursuant to CITY approvals. Once the internal street is constructed, OWNER will authorize adjoining property owners to access and maintain the internal street connection . Upon completion of the connection, OWNER shall continue to maintain the improvements located within the PROJECT. OWNER acknowledges and authorizes a connection redesign, if necessary, within the access easement shown on Tentative Tract Map 20-003 in order to accommodate an internal street in compliance with Chapter 5.10 of the Poway Road Specific Plan. The OWNER authorizes the loss of parking spaces needed to accommodate the future connection of the internal street. 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: __ ,2_/_;_/_z_:3 __ J OWNER: FAIRFIELD POWAY, LLC a Delaware limited liability company By: FRH CC Manager LLC a Delaware limited Ii "lity company its Non-Memb ger (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 February 1, 2023 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. ( \ ) (Seal) SHANNYN DAYE HENKEL Notary Public • California San Diego County Q&-.,,.-7J>,, Commission# 2312378 c-.,.,,n ~ My Comm. Expires Nov 11 , 2023 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 February 23, 2023 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. ········~ YVONNE MANNION Notary Public -California z San Diego County ~ Commission # 2363699 y Comm .. Expires Jul 1, 2025 Place Notary Sea/ 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. v oiL.uz__ ' /CVL"'-,, . ....:, Signature -+---+-++--------'-\,/ _______ _ Signature of Notary Public ----------------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 TTM20-003 and DR 20-002 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 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL 1: THE WESTERLY 534FEETOFTHEEASTERLY 1034FEETOFTHENORTHERLY 411 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT · THEREOF, NOVEMBER 19, 1880. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING BELOW THE SURF ACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED INDEEDS OF RECORD. PARCEL 2: THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 3922, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, WLY 11, 1975, AS FILE NO. 75- 179597 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 3922,BEING A POINT IN THE CENTER LINE OF THAT CERTAIN COUNTY ROAD, KNOWN AS POWAY ROAD, (ROAD SURVEY NO. 1713); THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP, BEING ALONG SAID CENTERLINE, SOUTH 88°03'51" EAST, 157.92 FEET; THENCE LEAVING SAID NORTHERLY LINE AND SAID CENTER LINE SOUTH 01 °19'20" WEST, 197.03 FEET; THENCE SOUTH 88°03'51" EAST, 82.10 FEET; THENCE SOUTH 01 °19'20" WEST, 16.00 FEET; THENCE SOUTH 88°03'51" 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 88°03'5 l" WEST, 350.02 FEET TO THE SOUTHWEST CORNER AND NORTH 01 °19'20" EAST, 411.02 FEET TO THE POINT OFBEGINNING. PARCEL2A: AN EASEMENT FOR INGRESS AND EGRESS, UTILITIES INCLUDING WITHOUT LIMITATION, WATER, GAS, ELECTRICITY, TELEPHONE, SEWER, DRAINAGE AND CABLE TELEVISION, AND INCIDENTAL PURPOSES OVER, UNDER, ABOVE AND ACROSS THE EASTERLY 17.00FEETOFPARCEL 1 OFPARCELMAPNO. 3922,FILEDIN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, ruL Y 11, 1975, AS FILE NO. 75-179597 OF OFFICIAL RECORDS. APN: 317-490-55-00 and 317-490-69-00