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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 1 23 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. 2 24 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. 3 25 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 4