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Deed Restriction 2023-0052872RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) ) APN: 317-490-55-00 and 317-490-69-00 DOC# 2023-0052872 1111111111111111111111111111111111111111111111111111111111111111111111 Mar 01, 2023 02 :43 PM OFFI C IAL RECORDS JORDAN Z . MARKS , SAN DIEGO COUNW RECORDER FEES $29.00 (SB2 Atkins : $0 .00) PAGES 6 (This space for Recorder's Use) DEED RESTRICTION FOR FAIRFIELD POWAY MIXED USE This DEED RESTRICTION FOR FAIRFIELD POWAY MIXED USE ("Agreement") is made as of F'c.-?,,...,"':'3 '7"" , 2023 . by and between FAIRFIELD POWAY LLC, a Delaware limited liability company ("Owner") and CITY OF POWAY (CITY), with reference to the facts set forth in the Recitals below. RECITALS WHEREAS, Owner is the owner of certain real property located in the City of Poway, County of San Diego, State of California, Assessor's Parcel Nos. 317-490-55-00 and 317-490- 69-00, located at 12831, 12835, 12849, 12857, and 12941 Poway Road ("Property"), which is more particularly described on Exhibit "A" attached hereto. WHEREAS, the following City entitlements affect the development of the Property as a mixed-use project (the "Project") and the conditions of approval included in City Council Resolution No. 20-091 ("Resolution"), imposed by the City on the Project in connection with such entitlements, are referred to collectively as the "Project Conditions": 1. Tentative Tract Map No. 20-003; and 2. Development Plan Review No . 20-002; NOW, THEREFORE, Owner hereby agrees that the quasi-public open spaces shown on Exhibit "B" shall be restricted from any future development pursuant to condition number G.23 of Section 7 of the Resolution. This Agreement 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. Notwithstanding anything to the contrary contained herein, the quai-public open space as shown on Exhibit "B" shall remain restricted from future development as long as the Project exists on the property and this agreement shall automatically terminate at such time as the Property is redeveloped for a different project or use that is approved by the City, as evidenced by the City's issuance of the necessary discretionaly permits and approvals for such redevelopment. In the event of litigation to enforce the provisions of this Agreement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. OWNER: FAIRFIELD POWAY LLC, a Delaware limited liability company By: FRH CC MANAGER LLC, a Delaware limited liability company its Non- CITY OF POWAY Approved as to Form: Office of the City Attorney Z(7( l] Alan Fenstermacher, City Attorney Date 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 December 7, 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 SHAMMYM DAYE HENKEL : Notary Public· California z ~ San Diego c;ounty ~ z Commission# 2312378 - 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 OnJl\OlAPl(k) J...S- 1 :;i ua 3 before me, Yvonne Mannion, Notary Public 'date Here Insert Name and Title of the Officer personally appeared ----------'-R--'-o~bc;._e.;;;....;._;rt'-'J;;_;._;M..c..:..:ca;.:_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 # 2363699 - My 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 Signature 1~) VV A .. !!.-L-;lJ[ QA!l,' J.,.::) C>(J 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: Deed Restriction for Fairfield Poway Mixed Use Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D 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 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. EXHIBITB Quasi Public Open Spaces -:::::~------~~- ~--------Sit!!. -----__ (t:l ••• ___ (oi --· --;.'-=.,<:Li --- __ _,_ I ---• ---- 7 l ~ :!--~!ti-_J __ 1: .. Ht ·(1rE-. ;w·~ · ~ -:-~:~,. ' __ , --::;;;;;:;;;====::::;::';:;;;;;;: ___ ;:;_.~.;;;;:_._.;;_ ;;.;;; .• ~ ~~~ .Ii • • : ~ \ ..,_ ! 5,l,r ---~-~ "" -="+~~--¼::!:~:-~-.J~----