Covenant of Improvement Requirements 1995-0281910
RECORDING REQUESTED BY:
CITY OF POWAY
when recorded, mail to
City Clerk
City of Poway
P.O. Box 789
Poway Ca 92074
1477
~c U 1995-0281910
O~-JUL-1995 11=37 AM
OFFICIAL RECORDS
SAM DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: . B.OO FEES' 16.00
AF: 7.00
MF: 1.00
COVENANT OF IMPROVEMENT REQUIREMENTS
T.P.M. 93-07
WHEREAS,DAVID F. FAUSTHAN and PATRICIA G. FAUSTHAN. Husband
and wife as Joint Tenants, are owners of the following described
property:
PORTIONS OF: PARCEL 3 OF PARCEL HAP 4510, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 27,
1976 AS FILE/PAGE NO 76-058520 QF O.R., PARCELS 1 AND 2 OF
PARCEL HAP NO. 15942, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY ON JANUARY 4,1990 AS
FILE/PAGE NO.90-007006 OF O.R. ALL AS DESCRIBED IN PARCEL
2 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 12,1993 AS
FILE/PAGE NO.93-0679352 OF O.R. IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA.
and
WHEREAS, the owners seek approval for a division of land of
said property having filed Tentative Parcel Map No. 93-07 which was
approved by the City Council of the City of Poway, County of San
Diego, on March 1,1994, which division of land will cause
additional burdens on the City of Poway, and
WHEREAS, the City of Poway is empowered to prevent said
division of land, or to deny or withhold its consent to the
proposed division of land, as the case may be, until the owners
provide such improvements as will alleviate such burdens, and/or
until the owners enter into a covenant of improvements with the
City of Poway, and
WHEREAS, the installation by owners of improvements is a
reasonable condition to the granting of approval of said division
of land by the City of Poway, and
WHEREAS, access to the above described real property is by
means of an offsite private road easement, and
WHEREAS, at least a part of the required improvements will be
to improve said offsite private road easement to City standards, and
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1478
WHEREAS, it has not been conclusively and authoritatively
determined that the owner has the legal right to increase the
burden upon the servient tenement (s) suff icient to satisfy the
needs of the proposed subdivided lots, and
WHEREAS, 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;
NOW, THEREFORE,
The owners hereby agree and declare that Parcel 2 of TPM No.
93-07 described above is held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied and
improved subject to the following covenants, which shall run with
the land and shall be binding upon all parties having or acquiring
any right, title, or interest in Parcel 2 of TPM No. 93-07 or any
part thereof:
I. The following improvements, as required by Resolution No.
P-94-14 must be completed prior to the issuance of a Certificate of
Occupancy of a structure on Parcel 2 of this map:
GENERAL REQUIREMENTS AND APPROVALS
8. Improvements for the driveway over the northerly 16 feet of
Parcel 2 and its continuation over a portion of its easterly
adjoiner for access to and from Kingman Road. The required
improvements shall meet the standards and specifications of
the Fire Department and shall be completed prior to issuance
of a certificate of occupancy of a structure on Parcel 2, if
and only if said driveway shall be used as access to Parcel 2.
Plans, when required, shall be prepared by a registered civil
engineer for the developer and approved by the Director, Department
of Engineering Services. The above improvements shall be made in
accordance with all pertinent ordinances. Prior to the issuing of
a permit or other grant of approval, a grading permit, a
construction permit, and/or a permit to install utilities within
the pr i vate easement to be improved may be issued before the
completion of the above improvements.
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14 'i 9
II. In seeking approval of this division of land, the owners
represented possess a legal right to increase the burden upon the
servient tenement of the offsite private road easement sufficient
to satIsfy the needs of the parcels resultIng therefrom. The City
of Poway does not warrant the truthfulness of such represent-
ation and hereby further declares to all parties having or
acquiring any right, title, or interest In the real property
described above that such representation has not been conclusively
and author i tat i vely determined. Nevertheless, the City of poway
permi ts the owners to subd i vide this land dnd permi ts other part i es
to have or acquire a right, tItle, or interest in the subdivided
parcels In consideration for which the owners 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 Cities approval of this division of land for any and all claims
asserting damages sustained by the owners or any party having or
acquirIng any right, title or interest as a result 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
responsible, together with the cost of defending any and all
actions, as a result of approving this division of land with an
access by means of an offsite private road easement which has been
or may be prohibited, restricted, limited, or otherwise impaired in
some manner.
III. The owners and all parties having or acquirIng any right,
title, or interest in the above described real property agree to
refer to and incorporate by reference this Covenant of Improvements
in all instruments of conveyance of all or any portion of saId real
property until a release of all covenants contained herein has been
properly executed and recorded.
A partial release shall be given by the City of Poway upon
satisfactory completion of the improvements required in Paragraph
I hereof. A release from all other covenants contained herein may
be given by the City of poway upon expiration of the prescrIptive
period required to legally secure the increased use of the offsite
private road easement.
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1480
III WI'l'lfBSS WHBRBOP, the undersigned has executed this
instrument t s. day of S-, , 19~
~t</~
Patricia G. Faustman, owner
By
For
y Services
State of Cali~ornia )
County of:5AN...D/cao )
before
1/1
me, ELI A.86 T# ,Z. ,6'./..CJtJ
/9T. I
A/CJ T d /(' At 6'''-/0
"I
On '1.:)
personally a peared
pers6Rally kR9~rn t9 me ( or proved to me on the ~sis of
satisfactory evidence ) to be the person ~ whose nameCl!J ~~~e)
subscribed to the within instrument and aCknow~:{:~to me that
(hC/QI.<!>~e executed the same inm,'t1.e.r: their authorized
capacity (ies) and that by (his/her t r sign e ~ on the
instrum~ e person @, or the enti y upon behalf of which the
person'dJkV acted, executed the instrument.
WI'l'lfBSS .Y hand and official seal.
SignatureY~~~-nU
~. ,....... OFFICIAL NOTARY SEAL
:~. : ELIZABETH L BLOOM
. '. Notary Public - California
. SAN DIEGO COUNTY
My Comm. Exoires JUlOI,I995
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