Covenant of Improvement Requirements 1985-079435
-.,.\1, CDNFM?..It11ZD GbP,/ PLfoJ'l Se:
.~.. . tit
-,' ~,
~-
When recorded, please mail to: -OO~
Ronald D. Davis
P.O. Box 231453 'THI ORIGINAL OF 1HIS DOCUMENT WAS RECORD,ED...
San Diego, C.Z\ 92123-0910 o~AR Ll,_.l.~~jILEIPAGE No_~I! ?1~'~
VEAA.L LYLE. COUNTY RECORDER
...--- ~
.fl.":>
" COVENANT OF IMPROVEMENT REQUIREMENTS
,,, '"
San Diego County P.M. 11135
- WHEREAS Coach Properties are owners of the following described
property:'
Parcel 3 of Parcel Map No. 11135 filed in the Office of
the County Recorder of San Diego County on March 26, 1981
as File No. 81-092474, in the City of Poway, County of
San Diego, State of California
and
....- __'.h" _
,,/HEREAS, the owners seek release of' said Parcel 3 from the
surety, ,en,<;,prr)b,rance of L-005'2, Big Bucks :W?1Y improvement plan,
which was approved by the Director of Public Services, City of
poway 011 August 31, 1982, and
v/HEREAS , the installation by owners of improvements is a
reasonable condition to the granting of said release by the City
of Poway, and
--- --.~ -.... -. ,..
, . ,,/HEREAS , access to the above described real property is by
means" of an offsi te pri va te road easement; and
, ~IHEREAS, at least a part of the required improvements will be
to improve said of'fsi te pri va te' road easement 'to City of poway
standards,; and
,- -, -- '
\vHEREAS, it has not been conclusively and authoritatively
determined that the owner has the legal right, to"increase the
burden upon the servient tenement(slsufficient to satisfy the
needs of the proposed subdivided lots; and
V/HEREAS, in lieu of the immediate installation and dedication
of said improvements, it is the desire and intention of the owners
to impose upon the real property described above the covenants set
forth hereinafter;
~.1 .- . .
"
j
NOW, THEREFORE,
The owners hereby agree and d e'c lar e that all the real
property described abc;>ve is held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied
and improved su b j e'c t to the following covenants, which shall
run with the land a'nd shall be binding upon all parties
having or acquiring any right, title, or interest in the
described real property or any part thereof;
I. The following improvements, as required by L-0052
improvement plan, must be completed prior to the issuance of
a permit or other grant of ap,proval for the development of
said Parcel 3.
II. In seeking approval of this release, the owner(s)
represented possess(es) a legal right to incre~se the burden
upon the servient tenenment of the off si te private road
easement sufficient to satisfy the needs of the parcels
resulting therefrom. The City of Poway does not warrant the
truthfulness of such representation and hereby further
declares to all parties having or aC.quiring any. right, title,
or interest in the real property described above that such
represen t'a t ion has not been conclusive'ly and authoritatively
determined. Nevertheless, the City of Poway permits the
owner(s) to sell this land and permits other parties to have
or acquire a right, title or interest in sai'd Parcel 3
parcels in consideration for which the owner( s) and all
parties having or acquiring any right, title or interest
hereby:
,
1. Release the City of Poway from all liability arising
out of the City's approvai of this release for any. and all
claims asserting damages sustained by the owner(s) or any
party having or acquiring any right, title or interest as a
resul.t of the access over the offsite private road easement
being prohibited, restricted, limited, or otherwise impaired
in any manner whatsoever; and
2, Agree to indemnify and save harmless the City of
Poway from any damages which may result 'to persons or
property for which the City of Poway has been held
responsible or attempted to be held res p'ons i ble, together
with the cost of defending any and all actions, as a result
of approving this release with an access by means of an
off site private road easement which has been or may be
prohibited, restricted, limited, or otherwise impaired in
some manner.
III. The owner(s) and all parties having or acquiring any
right, ti tle or interest in the above described real property
agree to refer to and incorporate by reference this Covenant
in all instruments of conveyance of all or any portion of
said real property until a release of all covenants contained
2
.
' . .
... ... .
v d recorded.
1 executed an
;. 'bm POOP'" , "p"
here~n has h City of Poway . red in
iven by t e ments requ~
shall be gf the improve h covenants
A release om letion 0 from all at er u on
..........,. Pf · ....... . h C....f P..., P '"
s raph I her eo. e iveti by t e 'e uired to lega
Par.ag., 'd herein may b . g "ve period r q. te road
conta~n~ f the prescr~pt~ h off site pr~va
expirat~on? eased use of t e
the ~ncr
secure uted this
easement. dersigned 9s exec
the un 's .
IN WITNESS WHEREOF;- dor ,. 19 ~. !!.
.,,,.m," "i. )/ f~ ~4 ;,84:;.~
~ ties, Ltd.
Coach Pro,per rship
Limited Partne
a ';'\ O;fv! J
,.0.>t-/;f"'-Z> U
~;E~
' ~ Public Serv~ces
Director of
PARTNeRSH'P ACKNOWLEoeMENT ~.~
=. ... '.~~ -- ~'- -. "~.-..~
.. . - . "- .. '-~
$ State of California., } 0"." '"'-21... ,"",_ '"_~ "''''' m,. i
' --" y
," . . T =,-- 1 IV
1,1 1'"'"'' Son D_ ~"" S. '" ey .Y,
y ,
i ,", . "',,".... ,,,,,, ""', ""'""" "'.'",,, &
" "
J . I
.'. -'d D ""vi. .,
C . .
' ,.~
j r~V~---":""~-"""1 0 perSOnally knOwn to me :{
., u,.," = "
; ":" . , "EAN NES. FO"" " .ro." " mOO" '"' "'", " ,"'0"."." :""" ",
) l''\''JO~'', NOT,AAY PUallC. CAuRlRll. · ,. .".".".01.,....,,,",,,,...,,.,. '''''.m... '0 """'" '". !
" ......-......-. . . .,
,. ,- .. ....... "" "",,, ,., "...".." ... ",......". " m"..".. ""''''''' """'" ". .1
^~A?~"v -,-,- -^'~ . ~JT ,ESS my hand and of clal seal .(i
. 1~
~V
U'
' -.~
~~.,~"'?"'.,?__.~='&"'...,w::,:;;:::&=.-..~__~?=_?,__~.._j
'" "'-.. ro'^, .~"'~. ,~, _'~.,." ~.~. _ ~".~