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Covenant Regarding Real Property 2023-0067398RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 A P N: 317-49 0-55. 317-49 0-69 DOC# 2023-0067398 III I I I II I III I( II II ! I IIII I I I I I III Mar 16, 2023 11:05 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 5 FAIRFIELD POWAY, LLC ("OWNER" hereinafter), is the owner of real properties located in the City of Poway, California, commonly known as 12941 Poway Road (Parcel 1) and 12947 Poway Road (Parcel 2) more particularly described in the legal descriptions attached hereto as Exhibit A and Exhibit B made a part hereof (the "PROPERTIES" hereinafter). In consideration of the approval of Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002 ("PROJECT" hereinafter), by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to provide for reciprocal access and parking between the PROPERTIES. 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 Delaware limited liability company its Non -Member Ma rreil@er> By: Date: J14 Z3 Ed McCoy, Sr. Vice -President CITY OF POWAY: Date: 7 By: Rob rt J. Manis, Director of De el ment Services (signatures must be notarized) �OKMODUIEDGMENT 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 March 6, 2023 personally appeared Ed McCoy before me, Shannyn Daye Henkel (insert name and title of the officer) 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ SHANNYN DAYS HENKEL Q Notary Public - California San Diego County n Commission N 2312378 My Comm. Expires Nov 11, 2023 Signaturd (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 'r.;e�,c�(`.c�ec�C`,t�",c-Yoc�,�C.<<'.e� f`,�yoct�:c�,c�,cr,�P,c�P,c:t��Y'�!',nc,�'�Pno�-Yzc�r`.c�cc-F,c�'S�,c�t:.c-<-';c�C`,ctrc'Yocv�,F!',c`�rc�",c�R.�-1�,�;c•c.�C`.cY����"3?� 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 March 15, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Robert J. Manis 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. *my YVONNEMANNION Notary Public - California San Diego County Commission # 2363699 Comm, Expires Jul 1, 2025 I certify under PENALTY 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` 6 Signature of Notary Public Place Notary Seal Above 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthPr Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: m -a' •e� o� •ei ••' •a..y •d •er -mom -e� •ar -e• 'e• •y •rib'er -er •a. -d -d ••r •d •m •er -a•sib •ram •d.d •d '•i •e' '•, ••i ••r •dam •y 'a •d •� 'e�5'avi- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL L THE WESTERLY 534 FEET OF THE EASTERLY 1034 FEET OF THE NORTHERLY 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 SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS 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, JULY 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 CENTER LINE, SOUTH 88°03'51 " EAST, 157.92 FEET; THENCE LEAVING SAID NORTHERLY LINE AND SAID CENTER LINE SOUTH 01 ° 19120" 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°03'51" 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 17.00 FEET OF PARCEL 1 OF PARCEL MAP NO. 3922, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, JULY 11, 1975, AS FILE NO.75-179597 OF OFFICIAL RECORDS. APN: 317-490-55-00 and 317-490-69-00 Exhibit B Parcel 2: Legal Description PARCEL A: 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, JULY 11, 1975, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 SOUTH 880 03' 51" EAST 157.92 FEET TO THE MOST NORTHERLY NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CARRIAGE CENTER ASSOCIATES, BY DEED RECORDED DECEMBER 31, 1975, AS FILE/PAGE NO. 75-371595, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG THE BOUNDARIES OF SAID CARRIAGE CENTER ASSOCIATES LAND, SOUTH 01° 19' 20" WEST, 197.03 FEET; SOUTH 88° 03' 51" EAST, 82.10 FEET; SOUTH 01 ° 19' 20" WEST 16.00 FEET; AND SOUTH 88' 03' 51" EAST 110.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID PARCEL MAP; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL MAP TO THE TRUE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 21.00 FEET OF THE NORTHERLY 411.00 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES GOVERNMENT, APPROVED NOVEMBER 19, 1880. EXCEPTING THEREFROM, THAT PORTION LYING WITHIN THE NORTHERLY 411.00 FEET OF THE WESTERLY 350.00 FEET OF THE EASTERLY 500.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL C: 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 SOUTHERLY 21.00 FEET AND THE EASTERLY 17.00 FEET OF THOSE PORTIONS OF PARCELS 1 AND 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 3922 OF PARCEL MAP, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 11, 1975, 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 CENTER LINE, SOUTH 88° 03' 51" EAST, 157.92 FEET; THENCE LEAVING SAID NORTHERLY LINE AND SAID CENTER LINE SOUTH 010 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; THANE ALONG THE EASTERLY, SOUTHERLY AND WESTERLY LINE OF SAID PARCEL MAP AS FOLLOWS: SOUTH 010 19' 20" WEST, 197.97 FEET TO THE SOUTHEAST CORNER; NORTH 88' 03' 51" WEST, 350.02 FEET TO THE SOUTHWEST CORNER; AND NORTH 01 ° 19' 20" EAST, 411.02 FEET TO THE POINT OF BEGINNING. APN: 317-490-68-00