Covenant Regarding Maintenance of Real Property 1988-153593
Y:.:,. , . 581 .
~'~.. '.~ RECORDING REQPESTED , ), ) 88 153593
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AND WHEN' RECORDED MAIL TO: : 1988 APR -4 PM 3: 4S
CITY CLERK ,,) L \,'7"" L I '~l E~
CITY OF PqWAY) COU~'iY i(Ec'OiiotH
P.O. 'BOX 7.89) -'
POWAY, CA 92064 )
(Thies ,space for Recorder "s Use)
COVENANT REGARDING MAINTENANCE OF REAL PROPERTY liEF
Thi!s'. 'Agrc'cment :for the maintenance and'~repair of fencing, 'AR '
hereinafter referred to as "the fence~, across the Easterly boun MG
dary of Lot 8 and Lot 9 of City of Poway Tract Map 86-05, Map No,
12,031 of O,R. Recorded March 23, 1988 hereihafter
referred to as "the property", conditionallY approved by the City
Council of said City of December 9, 1986, is entered into between
Communi ty Sixteen Villas, L.td., A California Limited Partnership,
hereinafter referred' to as, "developer", and the City ot Poway:
hereinafter referred to as "City",
Developer owns that cer.tain real property described in Exhibit
"A" attached hereto h'ereiria'fter referred to as the "property".
This Agreement shall be binding upon the developer and all
.successors in interest, hereinafter referre'd to as "the owner", of
the property,
This covenant shall require the developer and all future owners
of the property to maintain the fence in good repair at all times
at the owner's ex~ense,
If, in the City's sol,e judgment, said priva,t'e fence has not been
maintained to specifications set forth pursuant to the Poway Muni-
cipal Code, or other standards applicable tQ this Agreemenb, the
Ci tywil'l thereupon prov.ide wri:t'ten n9lice to' ail parties to this
Agreement to initiate repairs or constructi:on within ninety (90)
days., Should said parties fail to commence good faith efforts to
make repairs or cons,t;cucttC)l1 within said nin'ety (90) days, the City
is further empowered by th'is Agreement to make all needed repairs
to said fence and/or construct said fence to meet current City
standards then established by the poway City Council as standards
for the herein described fence, and to then assess costs to deve-
loper or to developer's successors in interest.
The City, or it's agents, shall have the right to enter, after
written notice to the owner, upon the property 0ith such personnel
and equipment as are necessary to make said repairs. Such entry
right shall be limited to the time between the hoprs of 7:30 a.m.
,and 4 p.m. on the ,days. of the week betw:een Monday and E;riday. No
work shal'l be performed on weekends or other hours wJ.thout 'pr'ior
permission of the owner. The City, or it's agents, shall have the
right to store such equipment as is necessary to the ordinary
repair oJ said fence' u'pon the property until the repairs are
completed. The City, or it's agents, after completion of work
shall leave thE? property il} .a neat,> .c~ean manner and shall remove
all debri? resu+ting from the required, repa4rs.,
Page 1 of 4
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582
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a) Any property owner faiUng to make payment to the
City for costs incurred within sixty (60) days of receipt of
a billing for said fence repairs from the City shall be
deemed in violation of the Agreement. The parties agree
that said duty to Ci t y, not sati,sfied within the aforesaid
sixty (60) day period, shall cOIistitute H -I i e n 0" City on
J
said property(s). This'lien shall constitute an encumbrance
on the property for all purposes provided by Section 38773,5
of the Government Code. Said lien shall bea l' interest at
the rate set by City Council, but no less than '10 percent
per annum, beginning from the date of billing.
b) Property owner(s) s ha 11 indemnify and hold harmless
City. City's Engineer, and their consultants and each of
their officiols, directors, officers, agents and employees
from and against all liability, claims, damages, losses,
expenses, and other costs, including costs of defense and
attorney's fees, arising out of or resulting from or in
connection with the performance of the work, both on and off
the job-site, and during and after completion, provided that
any of the foregoing: 1 ) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction
of property illcluding the loss of use resulting therefrom,
and 2) is caused :in whole or in part by any act or omission
of property owner, any contract,or, any sub-contractor, any
supplier, anyone directly or indirectly employed by any of
them, or anyone for whose acts or omissions, any of them may
be liable, Nothing in the Agreement, the specifications or
o t.h e I' contract documents or' City's approval of the plans and
specifications or inspection of the work is intended to
include a review, ins pee ti6n, acknoHledgment of a responsi-
bility for any such matter, and City, City's Engineer, and
their consultants, and each of their officials, directors,
officers, employees and agents, shall have absolutely no
responsibility or liability therefore.
c) If City is required to make necessary fence
repairs, said work shall be without Harranty to property
owner, his agents or assigns. Said repair sha 11 be accepted
" is" by said property Hithout warranty of
as owners any
workmanship. Said repair shall be guaranteed and
indemnified by property owner in accordance with
subparagraph (b) .
This Agreement shal.l be deemed and 1.s intended to run
w1.th the land and be, and constitute a lien and restriction
upon said property, shall be binding upon and inure to the
benefit: of the undersigned, his/her/thet)' heirs, personal
representatives, successors and assigns.
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, . 583 .
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RECORDING OF AGREEMENT
It is the purpose of the signators hereto that this
instrument be recorded to the end and intent that the
obligation hereby created shall be and constitute a lien and
shall be secured by the said property and any subsequent
transferee thereof, by tlcceptance of delivery of a deed
and/or conveyance of the said property s ha 11 be deemed to
have consented to and become bound by these presents,
including, without limitation, the right of any person
entitled to enforce the terms of this Agreement to enforce
the lien therein created by foreclosure proceedings in the
manner provided by law for the foreclosure of mortgages.
such remedy to be cumulative and in addition to all other
remedies at law or in equity.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the dates set forth hereinafter.
ACCEPTED:
CIw;JWAY OWNER
CCMMUNITY SIXTEEN VIlJAS, LID.,
by J1lq( A Calif. Limited partnershiJ2..
/1 '1,,;( ~ By: BRENNAN CCMMUNITIES, INC.,
General
Pres.
'to FORM:
.:d ff1! -
.
Page 3 of 4
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" "GEN~RALACKNOWLEDGMEN.-' 584 ':-:S
. NO. 201
'f,' State of CALIFORNIA } 55, On this the 23rC\Jay of December 1987 ,before me,
j~
'-t, County of SAN DIEGO Evelyn L. Madison
:-.~,'"
the undersigned Notary Public, personally appeared
Alan D. Archibald I
I
.t.........'.... ......... ............ KI personally known to me
':. ."".':.:..".. OFFICIAL SEAL t
: 'ii' EVELYN L. MADISON i 0 proved to me on the basis of satisfactory evidence
t(3:....o;: . ~_ N~ti1.rY Public-Ca!ifornia , to be the person(s) whose name(s) 1.S subscribed to the
, t..e. i - - .: - ,. - -Pnncipa!Office In t within instrument, and acknowledged that he executed-it.
· ') San Diego County i WITNESS my hand and official seal. :
: "l'"O''~''' My Cornm. Exp. Oct. 19. 1990
, ................... .................. ~~,d1Ylft~
_J.-; Notary's Signat e
;
,.
r ~._.. ,",. . NATIONAL NOTARY ASSOCIATION. 23012 Ventura,BI~d.. P.O. Bo~ 4625. Woodland HlIIs: CA 9i364 I
71101~'
I STATE OF CALIFORNIA I 55 @) ~ef~R~g
"-
:2 COUNTY OF SAN DIEGO
00
rl. ;;; ~ 2nd day 01 Noverroer 19~, before me, the undersigned, a Notary Public in and for
c 'li. On this the
=
t:: u; JAMES p, BRENNAN
= said State, personally appeared
"-
I ^,,'5 personally known 10 me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
I ~ President, and ***
t:: personally known 10 me or proved to me on the basis of satisfactory e~idemce to be the person who executed the within instrument as the
M
a,
'u:, *** Secretary of ,
rn
ci. BRENNAN CX1-1MUNITIES, INC. ,_ the corporation thaI FOR NOTARY SEAL OR STAMP
"
0 executed the within instrument on behalf of
'" CCl'-1MIJN[TY SIXTEEN3IUl\S,~TI2...,_ the part'
u
<( nership that executed the within instrument, and acknowledged to me
N e OFFICIAL SEAL
'" that such corporation executed the same as such partner and that
a:, such part rship executed the same. . SUSAN M. KNILL
,; 'i ,j: NOTARY PUi:JUC CALIF.JRNIA
" ~ WITNES mYhand01ci~ ~ .. SAN DIEGO COU~F"
'-.:-!E.. 'li. ,,~... My ("mon E;;plCe. MarCil ;ii. I ~.ijS :
a> rn
.... u; ?.;:po;;-..l(
,<')
I ' Susan M. Knill
-:1 ~$,
Signature
~.
I 5T ATE OF CALIFORNIA I 55 @)SAfECD
I "- TitLE INSURANCE
I .:2 COUNTY OF SAN DIEGO
'~
<; ~ 2nd Noverrber 19~, before me, the undersigned, a Notary Public in and for
i e, 'li. On this the day of
,t:: rn HOWARD I. KATKOV
<a u; said State, personally appeared
rc
I '6 personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
I
I ;;; President, and ***
c
t::
rn personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
I "- ***
~ Secretary of
; ~
~ THE KATKOV QJMPANY the corporation that FOR NOTARY SEAL OR STAMP
I 0 executed the within instrument on behalf of
.i::: ca.MJNITY SIXTEEN VILlAS, LTD. , the part-
u
, <(
I N nership that executed the within instrument, and acknowledged to me . OFFICL^L SEAL
",. that such corporation executed the same as such partner. and that SUSAN M KNILL
ci., such partners .p executed the same. : ~ NOTARY PUBLIC, CALIFORNIA
,;'
i IgJ: ~ WITNESS andand~~ ' SAN DIEGO COUNTY
.>, 'li. ""0'" My (om", i::Xl:J1f"~ Moreh 22. 1988
. . ,
I ",' rn
....' U;
<')'
I .J Susan M. Knill
<(
I 0
Signature
.~
... ..'~ '585:1
~....... .
Covenant Regarding
Mciintenance of Real Property
City of Po way 'Tract 86-05
THE WEST HALF OF THE SOUTH HALF OF THE NORTH HALF OF NORTHWtST QUARTER OF
t8X ~JJf(THEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH" RANGE 2 WEST, SAN
E:ERN'ARDTNO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AtCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879,
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EXCEPTING THE NORTHERLY 135 FEET THEREOF.
TOGETHER WITH: ALL THAT PORTION OF THE WEST HALF OF THE NORTH HALF OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF TH~ NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE ~ORTHEAST CORNER OF THE WEST HALF OF THE SOUTH HAL~ OF
THE NORTHWEST QUARTER. OF THE NORTHEAST QUARTER' OF SAID SECTION 13; THENCE
SOUTH 2-22'40' WEST ALONG t~E EASTERLY LINE OF LAND CONVEYED TO ALBERT M.
REYNOLDS AND LALLA R. REYNOLDS BY DEED DATED MAY 12, 1945 AND RECORDED IN
BOOK 1862, PAGE 429 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, BEING ALSD THE EASTERLY LINE OF THEWisT HALF OF THE SOUTH
HALF OF SAID ~DRTHWEST QUARTER, A DISTANCE OF 37.15 FEET TO THE NORTHEAST
CORNER OF LAND CONVEYED TO RAY GARZA AND PATSY R. GARZA BY DEED DATED
SEPTEMBER 23, 1977 AND RECORDED IN FILE 77-39~225 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, STATE OF CALIFORNIA; THENCE NORTH 88-56'45' WEST ALONG
THE PROLONGATIDN OF THE NORTHERLY LINE OF LA~D CONVEYED BY SAID DEED IN
FILE 77-391225, A DISTANCE DF 654.63 FEET TO THE NORTHWEST CORNER OF LAND
CONVEYED TO THE COMMUNITY CHURCH OF POWAY BY DEED DATED FEBRUARY 10, 1959
AND RECOROED IN BOOK 7536, PAGE 1 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, BEING AJ...SD THE WEST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 1-53'32' EASt ALONG SAID WEST LINE OF SAID NORTHWEST QUARTER,
A pISTANCE OF 37,39 FEET TO THE NORTH LINE OF THE SOUTH ~ALF OF SAID
NORTHWEST QUARTER; THENCE SOUTH 88-55'27' EAST ALONG SAID NORTH LINE OF
tHE SOUTH HALF OF THE NORTHWEST QUARTER, A DISTANCE OF 654.9S FEET TO THE
POINT OF BEGINNING.
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EXHIBIT "A"
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