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Covenant Regarding Real Property 2024-00380922/14/24, 3:08 PM Batch 17021908 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 320-020-19-00 DOC# 2024-0038092 IIIIII IIIII IIIII III I IIII IIIIII IIIII II(ll IIIII IIIII IIIII IIIII IIII IIII Feb 14, 2024 01:29 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 5 Nilesh & Dipika Patel, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 11624 Creek Road and more particularly described in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW) 23-0002, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district that includes PROPERTY and to pay a pro rata share of the removal of the existing overhead transmission lines within PROPERTY. Since there are no overhead poles within PROPERTY, this may require the removal of adjacent pole(s) located offsite. 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 OR AUTHORIZED AGENT: By: AA Nilesh Patel, Owner Di i a Patel, Owner Dated: a 6,1-ZA Dated: (Signatures must be notarized) a- ( -Ilwt https://gs.secure-erds.com/Batch/Confirmation/l 7021908 1 /2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 APN: 320-020-19-00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Nilesh & Dipika Patel, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 11624 Creek Road and more particularly described in Exhibit A ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW) 23-0002, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district that includes PROPERTY and to pay a pro rata share of the removal of the existing overhead transmission lines within PROPERTY. Since there are no overhead poles within PROPERTY, this may require the removal of adjacent pole(s) located offsite. 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 OR AUTHORIZED AGENT: By: Nilesh Patel, Owner By: Y aa Dipi a Patel, Owner Dated: 0 Dated: (Signatures must be notarized) a(-1 lItl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �.— x � o-•.:ro:a.:g=��"<3-"ti: "= :.Sa" -> .8`,"e`3"��_ '�-c.v,.�:n.:� .,5a :�,o .•do-^ �..�c7.:.��..a��`'.'i'.�..:='�.�v�uc�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 0)-1/07J _204 before me, �j<�� aM� ,Notary Public Date / f I Here Insert Name and Title of the Officer personally appeared IV " �a � U ") d �i Pt �(Q N �2( 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. 9MARSHALL S. WILLIAMS COMM,42478994NOTAYnaLIC-CALIFORMACOUNTYOFSAN DIEGO Y COMM. Exv. JAN. 9, 2028 Place Notary Seal and/or Stamp Above 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 A15u:7j'y_ Signature of Notary Public CITY OF OWAY: Ro6ei J. Manis Director of Development Services Dated: (Signatures must be notarized) CALIFORNIA 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 1 County of Sa.�-, 1 �--% 1 0 On oa \(-)c,, \ before me, A2 \c R Date He Insert Name and Title of the O er personally appeared ►mac>hPr �) , t-1 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 ASHLEY R. TAPIA Notary Public • California San Diego County Commission # 2475484 i — -- Comm. Expires Dec 6. 2027 Place Notary Seal and/or Stamp Above 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 ►end Signature I\ 1d r,....I Signature of Notdry Public 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: Document Date: 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 ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 26, THENCE NORTH 89° 28' 27" EAST ALONG THE NORTH LINE THEREOF TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS COUNTY HIGHWAY COMMISSION ROUTE 3, DIVISION 2, ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; TANGENT ALONG SAID CENTER LINE SOUTH 420 12' 07" EAST 96.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 420 12' 07" WEST 96.02 FEET; THENCE SOUTH 47' 47' S3" WEST 432.46 FEET AND SOUTH 340 15' 07" WEST 30.00 FEET TO THE CENTER LINE OF THE PUBLIC HIGHWAY KNOWN AS MISSION ROAD I -A, SAID HIGHWAY WAS ESTABLISHED AND TRAVELLED ON MAY 24, 1956; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO A LINE WHICH BEARS SOUTH 470 47,531, WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 47' 47S3" EAST 449.39 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 320-020-19-00 Address: 11624 Creek Road