Covenant Running With the Land 1999-0687226
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DOC . 1999-0687226
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OCT 12, 1999 8:28 AM
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO'
.OFFICIAL RECORDS
SAN OIEGOCOUNTV RECORDER'S OFFICE
GRE6lJRY J . SifITH,ClIlINTV RECORDER
FEES: 16:00
City Clerk
City afPoway
POBox 789
Paway, CA 92074
APN 323-482-12
COVENANT RUNNING WITH THE LAND
(Sewer Maintenance)
ThIS Cavenant RUillling With The Land ("Cavenant") dated far reference purpases the 1st
day af September, 1999, is made by and between PARKWAY DEVELOPMENT, LLC, a
Delaware limited liability campany ("Parkway"), P ARKW A Y DEVELOPMENT III, LLC, a
Dela\Vare limited hability campany ("Parkway 1II"), and the CITY OF .POW A Y, a Califamia
municipality ("City") with reference to. the follawing facts:
A. Parkway and Parkway III are the fee awners of certain real property (the
"Project") which is the subject of Tentative Map 98-05 ("TM 98-05"), which map is currently
being processed by City
B As a canditian af the approval af the final map for TM 98-05, City
requires that Parkway and Parkway III agree to clean a sewer line within the Project as more
particularly provided herein and that their agreement in that regard run with and be binding an
certain real property (the "Property") awned by Parkway which is described in Exhibit A
attached hereto and made a part heteaf.
C. In cansideratian af City's appraval af the final map, Parkway and
Parkway III are willing to. enter into. this Cavenant.
NOW, THEREFORE, the parties agree as follaws:
1 CavenantTa Clean Sewer Line. Parkway and Parkway III agree to. clean,
at their expense, the fifteen inch (15") sewer line which will be canstTUcted within the street
knawn as Kirkham Way ftam Tech Center Drive to. Danielsan Street. Such cleaning shall be
dane with frequency necessary to'abtain narmal and proper sewage flaw (It is anticipated that
such cleaning will accur twice a year,) City will provide Parkway and Parkway III with access
to. the sewer line.
2. Duratian of Cavenant. This cavenant shall became effective up an the
recardatian of the final map with, respect to the Project and terminate when a cleansing velacity
af not less than two. (2) feet persecand is achieved within the sewer line, Upan tenninatian af
this covenant, the parties agree to. execute and recard a dacument which will be sufficient to.
terminate and cancel this Cavenant.
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3 Indemnitv Parkway and Par1..'Way III agree to. indemnify, defend and hald
harmless City fram any and all casts, losses, liabilities ana claims arising fram the perfarmance
af their abligatians under paragraph I, above,
4 Covcnant Runs With Land. This Cavenant shall benefit City and shall run
with the Property described in Exhibit A and be binding upan the successars in awnership af
such Property
5 Other Tenns. This Cavenant cantains the entire understanding af the
parties regarding the subject matter, shall be interpreted inaccaidance with its reasonable
meaning and,nat strictly for or against any party, and may nat be amended ar waived except in
writing. If any actian is brought toehforce ar interpret this Cavenant, the prevailing party shall
be entitled to. recover Its attarney's fees and casts.
"PARKWAY"
"CITY"
P ARKW A Y DEVELOPMENT, LLC,
a Delaware limited liabihty company
CITY OF POW A Y
,
By:
By' MCMILLIN COMPANIES, LLC,
a Delaware limited liability company,
its Managing Member
By:
Its:
By'
Its:
"PARKWAY III"
P ARKW A Y DEVELOPMENT III, LLC,
a Delaware limited liabihty company
BY'
MCMILLIN COMPANIES, LLC,
a Delaware limited liability camp any,
i," M~~,'ng',Member
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By' .
Its: _' I '(
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By'
Its.
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STATEOF (1.1, foYV'vl~ )
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COUNTY OF 'Ja.1'\ Ou,,-f'_)
On q II \ 11 , befare me, the undersi~ned Notary Public in and far said
County and State, persanally appeared vY'1(..V\ae I " B\I"\<:I(, 4.,). (, J{.ej{15YO~
~ persanally knawn to me
ar
pmv"d to mp QR tile 5aS;5 of 511tisfaetffl'y'-evi1fence-to-be-
the persan(s) whase name(s) i81are subscribed to. the within .instrument and acknawledged to. me
that h~/they executed the same in ~/their authorized capacity(ies), and that by
~/their signature(s) an the-instrument the persan(s), ar the entity upan behalf af which the
persan(s) acted, executed the instrument.
Witness my hand and afficiaJ seal.
[@)~~_~c;z;~s
i .~' '. COMM,# 1125049 Vi
in .~. NOTARY PUBLCCALlFOANIA ~
Z .'. SAN DIEGO. CA ....
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STATE OF Ca It foVVlL~ )
. ) ss.
COUNTY OF Sa.1'\ fJl ~_ )
On q II [11 , befare me, the undersigned Notary Public in and far said
County and State, persanally appeared l'Y\i'Ghae.1 Ie ~{Ylld.t. tJ..l\J t. f<< '( P.>Y1JWVl
f... persanally knawn to me
ar
pro "cd. Lv 111t: vu llJI..> ba.sis of Sc..ll~;:)[dvluIY evideIlce IT5'15e'
the persan(s) whase name(s) ~e subscribed to. the within instrument and acknawledged to. me
that helt;fte/they executed the same in hffi,ifter/their autharized capacity(ies), and that by
hi~111edtheir signature( s) an the instrument the persan( s), ar the entity upan behalf af which the
persan(s) acted, executed the instrument.
Witness my hand and afficlaJ seal.
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i.,. COMM,# 1125049 z
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~. ,if. ,NOTARY P..tellC-CAUFORNIA ~
.' SAN DIEGO. CA ...
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EXHIBIT A
(Legal Descriptian)
LOT 31 OF CITY OF POWAY TRACT NO 87-13 UNIT 2,
P ARKW A Y BUSINESS CENTRE, IN THE CITY OF POW A Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 13410, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 8,1997
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