Covenant Running with the Land 1996-0281388
"
city of poway
)
)
)
)
l \ 11540
) ,
)
)'-.
)
)
~c # 1996-0281388
05-JUH-1996 09:59 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 13.00 FEES:
AF: 17.00
MF: 1. 00
31. 00
Recording Requested By:
When Recorded Mail To:
city of poway
P.O. Box 789
Poway, CA 90274-0789
Attn: city Clerk
Space Above For Recorder's Use
COVENANT RUNNING
WITH THE LAND
THIS COVENANT RUNNING WITH THE LAND, executed as of
~ Z"L. , 1996, by CITY OF POWAY, a municipal corporation
("C ty"), and RICHARD L. CARLSON and MARY JEANNE CARLSON,
Trustees of the Richard and Mary Carlson Trust dated February 19,
1990; JERRY L. GOTSCHALL and JUDITH GOTSCHALL, husband and wife;
EDWARD DURFEY and CORE EN FRIEND, husband and wife; ANTHONY T.
CHANG and SHERRY C. CHANG, Trustees of the Anthony Sherry Chang
Trust dated August 22, 1989, (collectively, "Owner"), is entered
into with reference to the following facts:
A. Owner is the owner in fee of the lands in the city of
Poway, County of San Diego, State of California, described in
Exhibits A and B attached hereto and made a part hereof; said
lands are herein ;respectively called "Parcell" and "Parcel 2."
Parcels 1 and 2 are, respectively, A.P.N. 317-224-07 and
A.P.N. 317-224-15.
B. Parcel 1 and Parcel 2 are physically separated by
approximately 226 feet.
C. It is the intention of the parties that Parcels 1 and 2
be deemed to be one integrated parcel for purposes of the
ordinances and regulations of city and California Government Code
Section 66410 et sea. ("Subdivision Map Act").
NOW, THEREFORE, City and Owner covenant as follows:
1. Parcels 1 and 2 shall be deemed to be one integrated
parcel for the purposes of the ordinances and regulations of City
as the same now exist or are hereafter amended and said parcels
may be developed and maintained with structures, parking and
landscaping as if they were one integrated parcel.
2. Parcels 1 and 2 shall be deemed to be one integrated
parcel for the purposes of the Subdivision Map Act as the same
now exists or is hereafter amended; thus, neither Owner nor its
successors shall sell, lease or finance either parcel (or any
portion thereof) separate from the other, except as authorized by
12540.001/U2214398
03/08/96
1541
the Subdivision Map Act and city's ordinances and regulations in
implementation thereof.
3. This instrument may be amended only by an instrument in
writing executed and acknowledged by the parties or their
successors.
4. The covenants contained herein are equitable
servitudes, shall run with the land and shall be binding upon
Owner and City and their respective successors forever. Damages
for any breach hereof are hereby declared inadequate and the
covenants contained herein may be enforced by an action for
specific performance, injunction or other equitable relief.
5. In the event either party files an action to interpret
or enforce this instrument, the prevailing party shall be
'.entitled to reimbursement of such party's reasonable attorney's
fees from the other party.
CITY OF POWAY
I
By: ~j.,..., -c.J: - dV-A/.J-tfu-
Name: Reba Wrio:ht-O astler
Title: Director of Planning Services
"City"
r L. Ca lon, Trustee of
the Richard and Mary Carlson
Trust dated February 19, 1990
~a-st=
Jer~ Gotschall
(/~
~d Durfey
~~ng~
the Anthony sherry Chang Trust
dated August 22, 1989
e Carlson, Trustee
of the R chard and Mary
Carlson Trust dated
February 19, 1990
~~~
Ju ith Gotschall
co~rtJ
d~ c, d-o~
'Sherry C. Cnang, Trustee of---d-
the Anthony Sherry Chang Trust
dated August 22, 1989
"Owner"
12540.001/U2214398
- 2 -
03/08/96
. .
1542
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On rn~ ~.J , 1996 before me, ~ "?1Ja-(!~. /J~
personally appeared REBA WRIGHT-QUASTLER, personally kno to me
(SF fJrs"pon 1-.-0 me. vu t.h~ bdSi3 af ~iltiEfaC"'tory 9~riaeJ:u;:e) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
tI.- . .
~<...;~ --:h1a.-t' (_...-1
STATE OF CALIFORNIA
Lof /71J6LI-Lf
COUNTY OF ~ GIECO
)
) SS
)
r . ~8t<fil . . .. . . . . 'f
~. ....."., ". VlVlANMACZIS
:< /.""" " '\ COMM.#lo392Jl I
~ :...~ ~, D Notary P\bIc - CatlfornIa ~
, ,.., . SAN DIEGO COUN1Y ~
; _: ~ ~~c~,,:,,~_~se~21~1~ J
On f!J1W Y , 1996 before me, r;..m7t.V ;2. (ZLLLJ ,
personally appeared RICHARD L. CARLSON, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
tin II vi l If fv'-
/
(Seal)
re. -~~ ."-R-;;'-l
i COMM. , 878792 0
~ NOTARY Pl/8UC. rAUFORNIA ill
LOS AHGEI.ES. counv ..
~__~~'~~~~~'~6J
12540.001/U2214398
- 3 -
03/08/96
. .
STATE OF CALIFORNIA
LA.J t7J-1 G E if.J
COUNTY OF S&R ~
)
) SS
)
1543
On /r)/lY <I , 1996 before me, Em'z'L't' 12.. i2-Lf2J
personally appeared MARY JEANNE CARLSON, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signatures on the instrument the
person, or the entity upon behalf of which the person acted,
executed the instrument.
my hand and official seal.
;t /;rA-
(.- -';;L:' 0..- R~ -1
g - u_~., 978792 !5
_IMT PUBUC. CAUFOANIA C/l
LOS ANGB..ES . COUNTY ...
f~~~~.~.:'~~1l.:.1~6'
STATE OF CALIFORNIA )
~.r /JTJOE /.LJ ) SS
COUNTY OF SiI:N ~ )
On mfl'-l 'f , 1996 before me, t:rnZLv e. IZLC/)
personal1'y appeared JERRY L. GOTSCHALL, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upo~ behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
~<'))'/)' /L !If ~ &L-
/
(ij- -.;;,; --..- R~-l
~ COMM. , 978792 0
NOTARY PU8UC. CAUFOANIA ~
1) LOS ANGB..ES . COUNTY ...
t__ _ _ ~~,::X.:'~~~1~'
12540.001/U2214398 - 4 -
03/08/96
STATE OF CALIFORNIA )
I-bJ fHoJ c.L IL.J) SS
COUNTY OF S;ll;IIl i )
On fhlN 4L , 1996 before me, cm:ZL'1 1'-. U,EiJ ,
personally appeared JUDITH GOTSCHALL, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
1544
!L fiYd-
(. : ~ -E~I~ -R~ R-;;' -\
~ . COMM. , 978792 ~
NOTARY PUBlIC. CAlIFORNIA (J)
1 )..OS ANGB.ES - COUN1Y -
t~~__~~.~~~~~
my hand and official seal.
STATE OF CALIFORNIA
LtJ.S ;:WG-Lr./E-f
COUNTY OF saN ~TWcn
)
) 55
)
On fh/f<l 1./ , 1996 before me, EtnZLY' /2.. /!LE.J ,
personally appeared EDWARD DURFEY, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
t/h ;{ 7 ;[ Ih- c.L- .
{Q:;;:' ~ ~I~ -R~ R-;;'
1ft COMM. , 978792 ~
a: NOTARY PUBUC.CAUFORNIA (J)
o ~SANGB.ES-COUN1Y -
\~_ ~_~~'~=~~r:l~6'
12540.001/U2214398
- 5 -
03/08/96
. .
STATE OF CALIFORNIA
/..0.5 /hJ C-EI.EJ
COUNTY OF saR r .
)
) SS
)
1545
On!Y7/J<.1 Lj 1996 before me, EfY1'zL'r' ;Z. ,.2fE4 ,
personally appeared COREEN FRIEND, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
L jJ.~ J--
{.~:..: u~.; -R~ R~ ~ l
~ . COMM. . 978792 ~
NOWIY PU8UC. CALIFORNIA Ul
a100s ANGELES . COONTY -
t__ ~_~~.~:-~~rl~1~6'
my hand and official seal.
STATE OF CALIFORNIA )
;:OJ fItJ{j..t' ~J ) SS
COUNTY OF ~ e!~;e )
On InfN V , 1996 before me, C/ilZI-v' ;2. ;2c1E~ ,
personally appeared ANTHONY T. CHANG, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS
//11((7
my hand and official seal.
;2 ;!fEcC-
~=-~----~
. EMLV R. ...0-
~ COMM. . 978792 0
MCmRY PU8UC. CAlIFORNIA Ol
" - -lllS ANGElES . COONTY -
~__~~.~~~:..22.:.1~6J
12540.001/U2214398
- 6 -
03/08/96
STATE OF CALIFORNIA )
.L-OJ /J--TU O€.MfJ) SS
COUNTY OF SAN r ~~ )
1546
On /)719<./ V ,1996 before me, Em?"-,,, IZ. ;2fi.EL1 ,
personally appeared SHERRY C. CHANG, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
inl(~1 IZ Ar~
!
f ~~ - ~ - - - - - - -l
_EMILY R. REED
l;; COMM. . 978792 ~
a: NOTARY PUBUC. CALIRlANIA (J)
o ~ 1 ) LOS AHGB.ES . COUNTY ~
~~~~~.~~
125 0.001/U2214398 - 7 -
03/08/96
1547
Parcell
Lot 11 of the City of poway Tract No. 85-04, unit I, according to
Map thereof No. 11742, filed in the Office of the County Recorder
of San Diego County March 9, 1987.
12540.001/U2214398
EXHIBIT A
03/08/96
1548
Parcel 2
Parcell of Parcel Map No. 15221, filed in the Office of the
County Recorder of San Diego County May 3, 1988, Document
No. 88-206345.
12540.001/U2214398
EXHIBIT B
03/08/96