Covenant Regarding Real Property Landscape Maintenance 1988-103304
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Recording Reque'st'ed By: ) f corif\'tnr(R~gd;i,;-
City.of poway ) OF S,J.. DiE!;!] fD:;:~i ......;7..
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When Recorded Mail To: ) I:'; _.
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City Clerk ) . COVIll!'" .'(,.", '
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City of poway ) .. -.
P. O. Box 789 )
poway, CA 92064 )
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No transfer tax due ) (Space above for Recorder's Use) NO FEE
COVENANT REGARDING REAL PRO~ERTY
LANDSCAPE MAINTENAiicE' '
. The City of poway (hereinafter "c i ty"), a municipal
corporation, and RAND R PARTNERS - POWAY (hereinafter "0wner'),
a Cal ifornia Geri,eral Partnership, in consideration of the
approval of the development by Owner of that real property
hereinafter described in Exhibit "A", hereby covenant and agree
for the benefit of City as follows:
1. RAND R PARTNERS - PO WAY is the owner of that certain
real property described in Exhibit "All attached hereto and by
this reference mad~ a part hereof, which is commonly 'known as
that property bounded by Twin Peaks Road, pomerado Road, and
future State Route 5'6, in Poway, California. Said real property
is hereinafter referred to as the "Propertyll .
2. Owner has heretofore applied to City for various land
use approvals in connection with the development of the Property.
Said applications have been approved and developer is in the the
process of fulfilling the condit'ions of said approvals. In
connection with the development of the Property, Owner would
normally be required to inst~ll the landscaping in the medians in
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t,he r oa dwa.y,S adjoining the Property, install the irrigation
systems for said landscaping, agree to maintain said landscaping
for a period of one ( 1) year, and thereafter pay annual
assessment to City of poway Landscape Maintenance District 83-01
as Owner IS share of the costs of maintaining landscaping within
said Landscape Maintenance Dist r ict. Owner and City wish to
enter into this Agreement by the terms of which water service to
the l!andscaped medians and electric service to that water system
will be provided by Owner, Owner will pay i'ts assessment to the
'Landscape Maintenance District, and Landscape Maintenance
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District 83-01 will reimburse Owner for the cost of water
provided by Owner to irrigate said medians as determined by the
City.
3. In furtherance of the desire of the parties as set forth
hereinabove, Owner agrees to install all reqllired landscaping in
accordance with plans approved by the City of Poway, and to
provide water and electric service to said medians. Owner agrees
to pay .its assess~ents to Landscape Maintenance District 83-01 in
the amounts determined annually by the Ci ty of Po way. The City
of Po'vay agrees to reimburse O'dner quarterly for the cost of
water provided by Owner to irrigate said medians. The amount of
water for which Owner is entitled to reimbursement shall be
determined by City. City shall not reimburse Owner for the cost
of electricity supplied by Owner to irrigate said medians.
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In the event that at any time in the future City requires
Ow n'e r to connect the water system in said medians to the system
of the Landscape Maintenance District, Owner shall cause said
connection to be made within ninety ( 90) days of written request
by the City, at the sole cost and expense of Owner. If at any
time in the future City requires Owner to provide new and
separate electric service for the irr igat'ion system in said
medians, Owner shall provide said service at its sole cost and
expense within 90 days of written request therefor. *
4. This covenant shall run with the land and be binding
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upon and inure to the benefit of the future owners,
encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
5. Owner agr.ee.s that Owner's duties and obligations under
this covenant are a lien upon the Property. Upon notice and
opportunity to respond, the City may add to the tax bill of Owner
any past due financIal obligation owing to City by way of its
covenant.
6. If either pa r t y is required to i ncu r costs to enforce
the provisions of thi.s covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including r:easonablc
attorneys' fees, from the other party. The Ci ty may assign to
persons impacted by the performance of this covenant the right to
enforce this covenant against Owner.
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* City may only require Owner to connect such water system and
provide such new and separate electric service if adequate
water service is not being supplied to the landscap'e medians.
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EXECUTED atPoway, California on the dates hereinafter
indicated.
R & R PARTNERS - POWAY, a
California General, Partnership
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Dated: ~_ II,g5 By: /'
Ro
CITY OF POWAY
Dated: 3// Iff' By:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55.
~~MN~X0FxgXNXNX~ )
On February 11 , 1988 before me, the undersigned, a Notary
Public in and for said State, personally appeared ROGER MOHRHOFF
personally known to me or proved to me on the basis of satis-
factory evidence to be the person who executed the within instru-
ment as one of the general partners of RAND R PARTNERS - POWAY,
the general partnership that executed the within instrument, and
acknowledged to me that he executed the same on behalf of RAND R
PARTNERS - POWAY, a general partnership, and that said named
partnership executed the same.
WITNESS my hand and official seal.
SEA L e~
Public in and for
Q .-. County and State
NOTARY PIJBlIC'~
.. . ORANGE COUNlY
. . My c.mtn,ExPI....MllIdl30.,I!l9II
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