Declaration of Temporary Covenants 1987-122503 - :fir :t:„z 32
. - 4".-
87. 4043rc: ,
- . :
-.;4.00RDED AT THE REQUEST OF: ) sir 'Sr",.,..;B. :Eu,:?:)?.;p-, ,',i,,,.
CXT'Y OF POWAY ), t„ r -
AND WHEN RECORDED MAIL TO: )
� — - - - ) IFS
CITY -OF' POWAY . _ - • ) - • . .AR 33
P'. O. ' Box 789 , .. • •, ) MG 1 —
Poway, CA' 92064 ' = ' : ) '
• •
" _ 1 ) SPACE. ABOVE FOR RECORDER' S -USE ONLY
DECLARATION OF TEMPORARY' COVENANTS. •
i\\.\--.
This DECLARATION OF TEMPORARY- COVENANTS (the "Declaration" ) .
• is executed as of �,j?;.; a.Y , 1987 by "CF POWAY LTD. , a . . . . . . .
, California limited partnership (the • "Developer" ) , with •
' reference to the facts set forth -in the Recitals below: '
I . .
•
' . RECITALS
1 . 1 Developer owns certain real property (the
"Development" ) located' in the City of Poway, San Diego County,
. California. 'The. Development. of approximate'1"y417
acres of. land subdivided'' into " 48 lots (hereafter "Lots" ) . . The
• Development is commonly "referred to as Phase I of' Pomerado
. • Business .Park .and" is more. parti.cularly. described on Exhibit
"A-1" hereto . .
: Ii0
0 33
1. 2 The City of Poway (the "City" ) has previously approved
Tentative Tract Map No . 85-04 "(the "Tentative Map" ) for the
Development pursuant to Resolution' No. P-85-69 (the "Tentative,
Map Resolution" ) of the City Council of the City.. . A copy of --
•
the Tentative Map Resolution is attached hereto as Exhibit "B. "-
1 . 3 A final subdivision map (the "Final Map" ) for. the
Development is being recorded concurrently herewith. This
Declaration is being recorded as a condition to the City' s
approval of the Final Map.
1 . 4 Developer has previously satisfied all conditions to
approval and recordation of the Final Map set forth in the
Tentative Map Resolution, except for those relating to the
•
design -and construction of certain off-site public
improvements, as set forth in the .Tentative Map Resolution .(the
"Remaining Map Conditions" ) . Such off-site public improvements
•
shall be completed after recordation of the Final Map.
1 . 5 This Declaration provides for completion of the
on-site, and off-site public improvements and satisfaction of
-2-
4 .
01 . 34
all of the. Remaining ,Map Conditions by -limiting the obligation
of the City to issue building permits and certificates . of .
occupancy with respect to the Development until such
improvements are completed.
This. Declaration further constitutes an agreement by
•
the Developer to complete such improvements in accordance .with
the Tentative Map Resolution, pursuant to Government -Code
Section 6&462 (a) (1) . .
•
• II .
'DECLARATION _ ' -
NOW, THEREFORE,. in consideration of the City' s approval- of
the Tentative Map, the Tentative Map Resolution and the Final
Map, Developer hereby covenants and declares as follows:
•
2 . 1 Restrictions on Issuance :,of Governmental Permits. •
( a) . Creation of Equitable-,-Servitudes. During the:-
•
term of •this Declaration,, the Development, and all portions-
thereof, shall be owned, held, conveyed, mortgaged, encumbered,
leased, used, occupied, developed and improved subject to ( 1 )
the Tentative Map Resolution, (2 ) the Final Map and (3 ) this
Declaration. All of the foregoing are equitable servitudes
which shall run with title to all Lots in the Development and
•
-3-
bind -Developer- and all 'succeasor .owners,. lessees, :transferees,
heirs and ssig of all oan portion of Development
(hereafter, collectively referred" to as "Owners" ) .
- (b). Restrictions . As an express. .condition to they:
City's,. agreeing to ;the recordation of ' the Final Map, Developer
further covenants and agrees, except as expressly pro.vided in,..'-
• Section, that: . .
( 1) The recordation of the Final Map shall not
create an_y: right in _favorof any Owner.. to obtain"a building
' permit or a certificate of occupancy until --the .conditions •
specified..in Section- 2 . 2 are satisfied; and
(2 ) The City shall not be .obligated to :issue any
•
building permits ...or certificates of occupancy with respect_ to `
•
the -construction of improvements on any Lot in the Development, •
until the conditions specified in Section 2 .2 are -satisfied.
(c ) Exclusion. -Notwithstanding .anything in this -
•
- - Declaration to' the contrary, it is :agreed that the restrictions
of this Section2 . lshall not;.apply to the construction .of four
industrial buil.di.ngs. by Cadillac Fairview/California, Inc. ( "CF '
•
California" ) as. the sUcces.s.o.rto .Developer on a portion of the
- Property (the "Excluded:.'Por.t'ion" ) as to which CF California is .
• in the process of obtaining building permits as of the 'date of
this: Declaration. The. Excluded 'Portion .is' ,described on Exhibit •
- ."A-2" hereto. CF. Californi'a' may process and obtain•.building.
-4- .
•
36
permits and certificates of occupancy as to these four •
buildings without regard to the restrictions of this
Declaration.
2 .2 Conditions. to Issuance.
( a) .. Building .Permits . Developer covenants and
agrees that the City shall be obligated to issue building
permits to an Owner only after all of the following conditions
have .been satisfied to the. City' s reasonable satisfaction:
( 1 ) Developer:shall have completed plans (the
"Public Improvement Plans" ). for (i ) the construction of the
on-site and off-site public improvements and ( ii ) the grading •
work relating .thereto which is required to be performed
pursuant to the Tentative Map Resolution (hereafter, the
"Public Improvements" ) ;
(2 ) The City shall have approved the Public
Improvement Plans in accordance with the• City' s established
procedures;
(3 ) Developer shall have: entered into one or •
more contracts for the construction of all the Public
Improvements in accordance with the Public Improvement Plans;
(4) Developer shall have completed rough grading
for the building pad on the Lot for which a. building permit is .
sought to be obtained; -
(5 ) The Owner of the :Lot for which a building
permit is sought to be obtained shall have submitted to the
City a finish grade soils report for the subject Lot;
-5-
. 37ti '
•
( 6) :The' Owner of the Lot for which a building
permit is sought to be obtained shall satisfy the City' s, •
requirements for erosion control and landscaping on the "flat
pad area" of the subject Lot; :'and
(7)— Developer shall have either ( i ) acquired all
•
rights-of-way necessary to complete construction of all
off-site- Public Improvements or .(ii) caused the City to'
commence condemnation proceedings to acquire the real property
interests- which are necessary for such rights-of-way, within •
one hundred twenty ( 120) days after ' recordation of the Final
Map, pursuant. to: Title 7 '(commencing with Section 1230 . 01.0) ' of
Part 3 of the Code of Civil Procedure. •
'(b) Certificates of Occupancy:
( 1 ) Developer covenants and -agrees that the City
shall be obligated to issue certificates of occupancy .with
respect: to structures constructed on any Lot only after all of
the following conditions have been satisfied to the reasonable
satisfaction of the City Engineer of the City:
• (i ) All utilities (water, • gas, . sewer,
telephone and electricity) required to serve the subject" Lot
-shall be installed and operational; •
(ii ) Fire protection services shall be
available to the subject Lot; and
( iii ) Access to the subject Lot 'via a paved
street shall be available from either Pomerado Road. or ' • •
• • Community Road.
•
•
•
•
-6- • • ' ' .
•
38 IIP
(2 ) The foregoing conditions to the issue of
certificates of occupancy shall be applied on a Lot-by-Lot
basis, taking. into account the number and size . of buildings in
the Development as to which the City has previously issued . _
building :.permits.
2 . 3 Termination of Declaration. •
This Declaration shall expire and terminate and be
released and removed as an exception to title upon the
recordation of ' a Quitclaim Deed -or other instrument signed by . .
• the City; whereby the City :relinquishes all its rights under
this Declaration and confirms that the restrictions set forth •
in Section 2 . 1 .above are no longer in effect.. The City shall
execute and record the instrument referred to in, the foregoing
sentence after Developer has completed construction of all the
Public Improvements to the City' s reasonable satisfaction.
2 . 4 •No Waiver by .City. No provision of this Declaration
is..intended to be nor shall be deemed to be a waiver of any of
the City' s rights to impose any and all other conditions
• . generally imposed on the construction of industrial buildings .
in the vicinity of the Development. All construction n -shall
comply with all applicable City ordinances, rules, regulations, .
and/or policies, including without limitation the South: Poway
Development Standards. .
•
•
• -7-
•
39
41111 .
. 0
IN WITNESS WHEREOF, Developer has executed this Declaration .
of Temporary Covenants as of the date first above set forth-
above. .
CF POWAY LTD. , a California
limited partnership
By: CADILLAC FAIRVIEW/ .
CALIFORNIA, INC. , a
California corporation
•
- Its: Gener_ -
' I rtncr
BY- l V--' • --- '7r
Its: //,:e ,res,c7e„f
•
By: _/ ____
Its V
foss{, Sec
ACKNOWLEDGED AND APPROVED .
AS TO FORM:
CITY OF POWAY, a California .
municipal corporation
•
•
By ,
. Its : City Attorney . . -
•
STATE OF CALIFORNIA \... � Iss.
COUNTY O J l'� `�'-`��C I
a, // {, .�
On_ L�„,t4.-' .-L.c_ y,7,before me,the undersigned,a Notary Public in and for
' ✓ ) = �tw• said Stafe;�ersonally appeae
cz.'.i; 4•., '`'Z't���,u �_.:, ,personally known to me(or proved to me on the
E
a
17) 05 c basis of s t Sfactory evidence)to be the persons who executed the within instrument as
.. ^
E (` / C President and (1-1411.4.-6.1c—:e Secretary,on behalf of 1e ekt.- fi �_
o
p N e- ti,e..), V A ; u/ / ,.A l C
�Y2,d ' ca A...67 -
m f
o the corporation therein named,and acknwledged
to me that
o 'm such corporation executed the within instrument pursuanttQit
U Fl��
I by-laws or a resolution of its board of directors. OFFICIAL SEAL
N .:, =ba 41.k). KAY MUSSES
-
co WITNESS-my hand and official seal. � °':
7;:,,•;t..,; NOTARY PUBLIC-CALIFORNIA
N , I ? / ‘, F s' ', !'•I";1 PRINCIPAL Or CC_IN
o l.,r /) - SARA DIEGO COUNTY
.m Signature lc.�, t Oct �j Qom,, °�;,J :, (This area f r o ci I . : eal)27,i C �-V.1 My Common ug src�
, •
•
:. LEGAL DESCRIPTION OF THE PROPERTY
The Property is located in the City of Poway, County of -San
Diego, State., of_ California and is more particularly:.described
as:
Lots 1-45, inclusive .of :City of Poway Tract No, 85-04.
Unit 1,. in the .City -of Poway,' County of San Diego,
State of California, . according to -Map:; thereof
No./)71f-2filed- in the Office of the County .
Recorder of San Diego County., on 3-.7- 87
•
EXHIBIT "A-l"
/. • qo _ 91tn ,
LEGAL DESCRIPTION OF
THE EXCLUDED PORTION . .
•
• The Excluded Portion is -located in the City of Poway,
County of. San Di-ego, State of.: California and is described as:
Lots 4, 31, 33 and 36 of City of Poway Tract No.
• 85-04 Unit 1, •in the City ,of Poway, . County of San '
Diego, State of Ca4ifornia, according to .Map
thereof No. // `74/1A, filed in the Office of the
County Recorder of San- -Diego .County on- 31-9 .
•
•
•
•
•
•
EXHIBIT "A--2"
•