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
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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