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Covenant Regarding Maintenance of Real Property 1988-153593 Y:.:,. , . 581 . ~'~.. '.~ RECORDING REQPESTED , ), ) 88 153593 '", Com~lAJ~) r-'- "[C0110EO 114--' ... PT'I'V QF POll.'.::) I Oi'f'Ei.\f, r.i'COl<DS I (,.- " . I" .~.- r'l' ..rtl'~! I 't/ f" ) ,_Il ~;-!',1 'l.;L"J : !,.,::.IU, '.......".1 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 " . . 582 . 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. Page 2 Of 4 , . 583 . . 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 , i ( - - - - -' " "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, -- - - - - -- -- 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. , r: .- I ~ EXHIBIT "A" - -- -'-- , . I Page 4 of 4