Covenant of Improvement Requirements 1995-0454676
City of poway
ze
DOC " 1995-0454676
10-OCT-1995 09=24 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY~SMITH, COUNTY RECORDER
RF= 8.00 FEES: 16.00
AF: 7.00
MF: 1. 00
RECORDING REQUESTED BY:
WHEN RECORDED, MAIL TO:
City Clerk
City of poway
P.O. Box 789
Poway, CA 92074
COVENANT OF IMPROVEMENT REQUIREMENTS
!
'II
T.P.M. 95-03
WHEREAS, TECH BUSINESS CENTER LLC is the owner of the
following described property:
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 14 SOUTH, RANGE 2 WEST, IN THE SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 8,
1993 AS FILE NO. 1993 0436552 OF OFFICIAL RECORDS, MORE
PARTICULARLY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE
ALONG THE SOUTHERLY LINE OF SAID SECTION 24, NORTH 87021'18" WEST,
1354.52 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID
SOUTHERLY LINE ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 24, NORTH 0008' 03" WEST,
1310.44 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 24, SAID POINT ALSO BEING ON
THE SOUTHERLY BOUNDARY OF CITY OF POWAY TRACT 87-13 PER MAP NO.
12556, RECORDED FEBRUARY 8, 1990 IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE
ALONG SAID SOUTHERLY BOUNDARY SOUTH 87039'01" EAST, 873.79 FEET;
THENCE DEPARTING SAID SOUTHERLY BOUNDARY SOUTH 0028" 4 8" WEST,
563.45 FEET; THENCE SOUTH 89031'12" EAST, 235.00 FEET; SOUTH
0028'48" WEST, 368.50 FEET, THENCE SOUTH 89031'12" EAST, 252.56
FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 24; THENCE
ALONG SAID EASTERLY LINE SOUTH 0028'46" EAST, 401.13 FEET TO THE
POINT OF BEGINNING.
and
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WHEREAS, the owner seeks approval for a subdivision of
the land of said property having filed Tentative Parcel Map No. 95-
03 which was approved by the City Council of the City of Poway,
County of San Diego, on October 3, 1995, which division of land
will cause additional burdens on the city of Poway, and
WHEREAS, the City of poway is empowered to prevent said
division of land, or to deny or withhold its consent to the
proposed division of land, as the case may be, until the owner
provides such improvements as will alleviate such burdens, and/or
until the owner enters into a covenant of improvements with the
City of Poway, and
WHEREAS, the installation by owner of improvements is a
reasonable condition to the granting of approval of said division
of land by the City of Poway, and
WHEREAS, in lieu of the immediate installation and
dedication of said improvements, it is the desire and intention of
the owners to impose upon Parcel 2 of Tentative Parcel Map 95-03
the covenants set forth hereinafter;
NOW, THEREFORE,
The owner hereby agrees and declares that Parcel 2 of TPM
No. 95-03 described above is held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied and
improved subject to the following covenants, which shall run with
the land and shall be binding upon all parties having or acquiring
any right, title, or interest in Parcel 2 of TPM No. 95-03 or any
part thereof:
I. The following improvements, as required by Resolution No.
P-95-56 must be completed prior to the issuance of a certificate of
Occupancy of a structure on Parcel 2 or any portion of Parcel 2 of
this map:
GENERAL REQUIREMENTS AND APPROVALS
All improvements outstanding in Kirkham Way, Gregg Street,
Tech Center Drive and Scripps poway Parkway that are within or
adjacent to the above described property being subdivided together
with this property's pro-rata share of regional wide improvements
per the Owner's Participation Agreement including amendments
thereto and the Development Agreement between the City of poway and
Tech Business Center dated November 27, 1990 and all other
agreements applicable to TM-89-08 that still remain in effect.
These improvements include but are not limited to sewer, storm
drain, water, reclaimed water, street paving, curb, gutter,
sidewalk, landscaping, pro rata payment for park fees of
$83,120.20, drainage fees of $36,945.27, and regional-wide
improvements per the Owner's Participation Agreement and amendments
thereto between poway Redevelopment Agency and Tech Business Center
dated November 27, 1990.
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The improvement obligations set forth above shall not bind
Parcell of TPM 95-03 or successor owners thereof.
Plans, when required, shall be prepared by a registered civil
engineer for the developer and approved by the Director, Department
of Engineering Services. The above improvements shall be made in
accordance with all pertinent ordinances.
II. In seeking approval of this division of land, the owner
represented possesses a legal right to increase the burden upon the
servient tenement of Parcel 2 sufficient to satisfy the needs of
the parcels resulting therefrom. The City of Poway does not warrant
the truthfulness of such representation and hereby further declares
to all parties having or acquiring any right, title, or interest in
the real property described above that such representation has not
been conclusively and authori tati vely determined. Nevertheless, the
City of poway permits the owner to subdivide this land and permits
other parties to have or acquire a right, title, or interest in the
subdivided parcels in consideration for which the owner and all
parties having or acquiring any right, title or interest in Parcel
2 hereby:
1.
of the
claims
having
Release the City of poway from all liability arising out
cities approval of this division of land for any and all
asserting damages sustained by the owners or any party
or acquiring any right, title or interest.
2. Agree to indemnify and save harmless the City of poway
from any damages which may result to persons or property for which
the City of poway has been held responsible, together with the cost
of defending any and all actions, as a result of approving this
division of land.
III. The owner and all parties having or acquiring any right,
title, or interest in the above described Parcel 2 agree to refer
to and incorporate by reference this Covenant of Improvements in
all instruments of conveyance of all or any portion of said Parcel
2 until a release of all covenants contained herein has been
properly executed and recorded.
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IN WITNESS WHEREOF, the
instrument this
9th day of
undersigned
has
executed
this
October
, 1995
.
By: TECH BUSINESS CENTER LLC,
By: Techbilt Co ruction Corp.
Paul K. Tchang,
By: BOTHWELL INTERNATIONAL LTD.,
tl~ . --
Nev1lle F. Bothwell, Member
ACKNOWLEDGED:
By:
~~..:5
For Director,
~
Department of Engineering Services
State of california)
county of San Diego
On October 9, 1995 before me, Jeanette M. Schwartz,
Notary PUbLlC personally appeared ___
PauL K. Tchang, and Nevllle F. Bothwell
personally known to me (or pFov~d to IRe 01, the Losi!! of
lOatisfaotory ~vidcnc;:e) to be the persons whose names are
subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and
that by their signatures on the instrument the persons, or the
entity upon behalf of which the person acted, executed the
instrument.
WITNESS my h~d and official seal.
(h . '- ~ i?t--
Signature L 1/(0 7:71, . /.0t:~
I
~~~-~~----t
Jeanette M. Schwartz~
Comm. '1038313 ,-,\
TAllY pU8UC . CALIFORN-o
SAN OIEGO COUNTY ..
eamm. EJqIINO 0aI. 2t, t.
NB:mb\covenant.ltr
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