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Declaration of Covenants, Conditions, and Restrictions 2001-0600685r RECORDING REQUEST BY: n CITY OF POWAY WHEN RECORDEDWAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due Assessor Parcel No. 317- 640 -52 DOC ? 2001 - 0600685 AtJG 23, 2001 8:14 AM OFFICIAL RECORDS FES: 22.00 mIrder's Use DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ( "AGREEMENT" hereinafter) is made and executed as of this ,,day of 446 uS r , 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 that-certain 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 "). o kI; copy Cup" 00, -�7 01 -r5� 4205 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 perf orm 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-at a 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 thel 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 4 206 be covenants running with the Land pursuant to applicable law, including, but hot 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 by OWNER 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 By: �/ — Name: ary D. Crandall Its: Pastor Resurrection Prayer Community City of Powa=amu " ipa l cor oration By: Name: Niall Fritz Its: Director of Development Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • �z�� State +of (Q, 11 f 2C-n ►cam. County of L940 Z ^il �Q C) On g-w ion oJo before me, 3h`2Qze D wC!(fL°(ii Data I ^. Name find Title of Officer (e.g.. "Jane Doe, Notary Public ") personally appeared X of Signers) wn o me –– oved to me on the basis of satisfactory evidence to be the person(ef whose name Is/ re subscribed to the within instrument and acknowledged to me that�ey executed the same in I /he4the� uthorized ca acit I and that b SHERRIED.WORRflI ✓� p Y(95I, y (a.4 freirsighature(gon the instrument the person(, Commission # 1223099 Notory Public - California or the entity upon behalf.,of which the person(e) acted, San CiewCoUnty My Comm: Ex iisJunXXIM executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent - fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of'Document: ZI (� v h Document Date: _t-'ri.10. 1n, a nn�y) Number of Pages: �J Signers) Other Than Named Above: 1U1 �2i �Z Capacity(ies) Claimed by Signer(s) Signer's Name: Qy_ a CZpnoat._" ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —'❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHnT!SMBPRINT MOF SIGNEW1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): El Ej Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT.THJ RB lNn 'FOF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box ]184 • Canoga Park, CA 91309 -] I84 Prod. No. 5907 Reorder: Call Toll -Free 0 PROPERTY DESCRIPTION: LEGAL DESCRIPTION • 4208 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 870 11' 50" East (radial), 86:54 feet; thence South 30 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 80 14' 31" an arc length of 6.90 feet, a radial line to said curve bears South 621 31' 18" East; thence North 870 58' 30" West, 243.48 feet to the True Point'of Beginning. 0=0 °SZO /u -r.PO. a.ti r A 0 V �I m 4209 r 86•x' S87 °1 s ° "E <,� LOT 100 N J hS. W. CoRNEQ J� w e � Ih z sf7 °S8'3o'le �iPE�H/PEO BY� N! /.CEiP. SLfiTE.P, BC. S, �j7�6 ✓UGY 27 Zoo/. L` 'QVt, V h 6977 R= 48.00' .ems\ 641V1l ASK LH't/E /a19 79 a * F pn.r, r13e0i 1 V 04 � k OLN. S. 6706 \