Declaration of Covenants, Conditions and Restrictins 2001-0600685"r •
RECORDING REQUEST BY:
j� CITY OF POWAY
WHEN RECORDED MAIL TO:.
CITY CLERK
CITY OF POWAY
P O B6X'789
POWAY CA 92074 -0789
No Transfer'Tax Due
Assessor Parcel No. 317- 640 =52
DOG IF 2001 - 0600685
AUG 230 2001 8 :14
OFFICIAL RE=
4204 P
� 22.00
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
( "AGREEMENT' hereinafter) is made and executed as of this A day of 446 uS % , 2001,
by and between Community of the Crucified One, Incorporated ("OWNER" hereinafter) and THE
CITY OF POWAY, a municipal corporation ( "CITY" hereinafter) with reference to the facts set
forth below:
RECITALS
A. OWNER is the owner and developer of a church project (`PROJECT' hereinafter)
in the CITY, County of San Diego, State of California, on thatcertain real property located in the
CITY and described on Exhibit "A" attached hereto and incorporated herein ( "PROPERTY ").
B. The CITY adopted Resolution No. P -00 -63 ('RESOLUTION" hereinafter) in
connection with its approval of the Conditional Use Permit "(CUP 00 -17" hereinafter) for the
development of a church on the PROPERTY, which sets forth certain conditions to the approval
for CUP 00 -17.
C. Conditions to the approval of CUP 00 -17 set forth in Section 3 E4 and E6 of the
RESOLUTION was the conveyance of the Public Access Easement for a Public Passive
Recreation Area and Public Access between Silver Lake Drive and Elm Park Lane ( "PUBLIC
ACCESS EASEMENT', hereinafter) over and across a portion of PROPERTY and as described
on Exhibit "A" attached hereto and incorporated herein.
D. Conditions to the approval of CUP 00 -17, as provided in Section.3 G4, E4 and
E6 of the RESOLUTION, is the development of a Passive Recreation Area ( "MINI- PARK"
hereinafter) within the Public Access Easement Area per approved plans on file with the City of
Poway Planning Division.
E. Pursuant to Section 3 E5, and G4 conditions of the RESOLUTION, the OWNER
is required to provide paved. +walkways, lawn area, benches, picnic tables and ,a shade structure
to cover one picnic table. Within the MINI -PARK, OWNER is to maintain the MINI -PARK,
including, but not limited to, maintenance of all of the landscape, hardscape, slope areas, and
facilities and improvements located thereon and installed pursuant to the CITY requirements
(collectively, the "Maintenance Obligations ").
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NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other valuable consideration, the CITY and OWNER agree as set forth
below:
1. Maintenance Obligations. In satisfaction of the Maintenance Obligations
relating to the MINI -PARK Condition Section 3 G4 of-the RESOLUTION, OWNER agrees to
perform the Maintenance Obligations, at its sole cost and expense. In the event that OWNER
fails to fulfill its Maintenance Obligations to the MINI -PARK in accordance with the provisions
herein, the CITY shall have the right, but not the duty, to perform the necessary maintenance to
the MINI -PARK. If the CITY elects to perform such maintenance, the CITY shall give written
notice with respect thereto to the OWNER, setting forth with particularity the maintenance which
the CITY finds to be required and requesting the same to be carried out by the OWNER within a
period of thirty (30) days from the giving of such notice. In the event the OWNER fails to carry
out such maintenance of the MINI -.PARK within the period specified by the CITY notice, the
CITY shall be entitled to cause such work to b completed and shall be entitled to reimbursement
with respect thereto from the OWNER as provided. In the event the CITY has performed the
necessary maintenance to the MINI -PARK as provided above, the. CITY shall submit a written
invoice to the OWNER for-all costs incurred by the CITY to perform such maintenance. Such
invoice shall be due and payable by the OWNER within 'twenty (20) days of receipt by the
OWNER. If the OWNER shall fail to pay such invoice in full within the period specified, payment
shall be deemed delinquent and shall be subject to a late charge. in an amount equal to six
percent (6 %) of 'the amount of the invoice, and shall bear interest.ata rate of eight percent (8%)
per annum, compounded annually. Thereafter, the CITY may pursue collection from the
OWNER by means of any remedies available at law or in equity or may cause the amount due
to be added to the tax bill for the PROPERTY.
2. Enforcement. Violation or breach of any covenant, AGREEMENT or provision
contained herein shall give to the party in whose favor such covenant„ AGREEMENT or
provision was made, the right-to prosecute a proceeding at law or in equity against the, person
or persons who violated or are attempting to violate any such covenant, AGREEMENT or
provision, to enjoin or prevent them from doing so, to cause such violation to be remedied
and /or to recover damages for such violation.
3. Rights of Lenders. No breach or violation of'the terms of this AGREEMENT
shall defeat or render invalid the lien of any mortgage, deed of trust or similar instruments
securing a loan made in good faith and for value concerning the development or permanent
financing of any of the PROPERTY. The provisions of'this AGREEMENT shall be binding upon
and effective against any subsequent owner of the PROPERTY whose title is acquired by
foreclosure, trustee's sale, or other remedies provided in the mortgage or deed of trust, but the
subsequent owner shall take title free and clear of any of prior owner's violations of the terms of
this AGREEMENT that occurred before the transfer of title or occupancy.
4. Invalidity of a Provision. If a court of competent jurisdiction adjudges any
provision of this AGREEMENT to be illegal or unenforceable for any reason, that ruling shall, to
the maximum extent permitted by law, in no way affect any other provision of this
AGREEMENT, the application of any provision under circumstances different from those
adjudicated by the court, or the validity or enforceability of the AGREEMENT as a whole.
5. Covenants Running With the Land. All of the provisions, agreements, rights,
powers, covenants, conditions, restrictions, and obligations contained in this AGREEMENT hall
be perpetual, shall be binding upon and shall inure to the benefit of the parties hereto, their
respective heirs executors, administrators, successors, grantees and assigns, devisees,
representatives, lessees and all other persons acquiring the PROPERTY, whether by
operations of law or in any manner whatsoever. All of the provisions of this AGREEMENT shall
• 4206
be covenants running with the Land pursuant to applicable law, including, but not limited to
Section 1468 of the Civil Code of`the State of California. It is expressly agreed that each
covenant,to do or refrain from doing some act on the. PROPERTY hereunder (i) runs with the
PROPERTY, and (ii) shall benefit or be binding upon each successive owner of the
PROPERTY. In the event the Lots are sold_ byOWNER'to more than one purchaser, each such
purchaser shall be jointly and severally liable for the obligations of OWNER hereunder.
6. Governing Law. This AGREEMENT shall be governed and constructed under
the laws of the State of California.
IN WITNESS WHEREOF, OWNER executed this AGREEMENT as of the date first
above written.
Community for the Crucified One, Incorporated
ByC�
Name: ary D. Crandall
Its: Pastor Resurrection Prayer Community
City of Powa=amu " ipal cor oration By: �
Name: Niall Fritz
Its: Director of Development Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • 42�T
State of C0 6 ' ocn " O.
County of (Soto �) ; leQ 0
On PsUg `v 1 ��\ before me, 5be zg- D -Loam llA NokaN Pu liCD
Date I — Name gnd rile of Officer (e.g.. 'Jane Doe, Ilolary Public)
D
personally appeared
own o me ––
oved to me on the basis of satisfactory evidence to be the person(yf
❑
whose name Is/ re subscribed to the within instrument
❑
and acknowledged to me thatd964ekhey executed the
same in /h ".o eif=authorized ca acit I and that b
SHERRIE D. WORRELL ,� P y(9�� y
Commission #-t2 93
eterltlTe r sigriaturel 'the instrument the person($),
Notvy Public - cditarrHn
or the entity upon behalf of which the person(4 acted,
San Diego,Courlly
My Comm. Bgww An3D,=
_
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulentremoval and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
01
Number of Pages: V
Signer(s) Other Than Named Above: I��, �2r �2
Capacity(ies) Claimed b/y' Signee(s) n
Signer's Name: QY1r11
❑ Individual
❑ Corporate Officer
Title(s):
i
Partner— ❑.Limited ❑ General
Attorney -in -Fact.
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT.THUMBPRINT
' f,',ClFSIGNER'
Signer's
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑
Attorney -in -Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing:
RIGHr.THUMBPRIM
^.OF SIGNER'' !TT
0 1994 National Notary Association • 8236 Remmet Ave., PO. Box 7184 • Canoga Park, CA 91309 -7184 .Prod: No. 5907 Reorder: Call Toll Free 1'- 800 -876 -669
PROPERTY DESCRIPTION:
LEGAL DESCRIPTION • 4208
EXHIBIT "A"
All that real property situated in the City of Poway, County of San Diego, State of
California, described as Lot 100 of Golden City, Unit No. 1, according to Map thereof
No. 6877, filed in the Office of the County Recorder of San Diego County, March 18,
1971.
PUBLIC ACCESS EASEMENT DESCRIPTION:
A portion of land lying within Lot 100 of Golden City Unit No. 1, according to Map No.
6877, in the City of Poway; County of San Diego, State of California, filed in the Office
of the County Recorder of said County on March 18, 1971 as File No. 52438 of Official
Records, described as follows:
Commencing at the Southwest corner of said Lot 100; thence along the westerly line of
said Lot 100 North 11 56' 09" East, 154:23 feet to the True Point of Beginning; thence
continuing along the westerly line North 10 56' 09" East, 65.25 feet to the beginning of a
curve, concave southeasterly having a radius of 1,772.00 feet, thence northerly along
said curve through a central angle of 01 52' 01" an arc length of 26.81 feet; thence
South 87° 11' 50" East (radial), 86.54 feet; thence South 31 37' 34" East, 85.30 feet;
thence South 870 58'30" East, 151.89 feet to a point on a curve having a 48.00 foot
radius, a radial line to said curve bears South 541 16' 47" East; thence southwesterly
along said curve through a central angle of 81 14' 31" an arc length of 6.90 feet, a radial
line to said curve bears South 620 31' 18" East; thence North 87°'58'30 "` West, .243.48
feet to the True Point of Beginning.
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