Covenant of Improvement Requirements 1995-0516274
~c " 1995-0516274
1~-HOV-1995 08=52 AM
RECORDING REQUESTED BY
THE CITY OF POWAY
1.418
]>FIC!AL RECORDS
'iAH DIEGO COUNTY mOROtX' 5 OFFl:~
GF:EGORY SMITH, [DUNn RECORDH
,~F: 8.00 FEES:' 16.00
AF: 7, CO
MF: 1. 00
When recorded, please mail to:
City Clerk
City of Poway
P.O. Box 789
Poway, Ca. 92074
COVENANT OF IMPROVEMENT REQUIREMENTS
TPM 92-05
Noncompliance With The Provisions Of The Covenant Of Improvement Requirements
May Result In Your Or Your Successor's Inability To Obtain A Building Permit
Or May Restrict The Approval Of Further Development. The Cost Associated With
These Improvements Bas Not Been Established And May Be Substantial.
WHEREAS, Paul Howard Coleman, Jr. and Mary Barbara Coleman, Trustees
to Paul Howard Coleman, Jr., and Mary Barbara Coleman Trust, dated May 24,
1991, and commemorated by a Trust Certification recorded May la, 1993, as
Document No. 1993-0292825, are owners of the following described property:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DES-
CRIBED AS FOLLOWS:
COMMENCING AT A POINT OF 20 FEET WEST OF THE WESTERLY LINE OF
MISSION ROAD, WHICH SAID POINT OF COMMENCEMENT BEARS NORTH 40
23'19" WEST 449.58 FEET FROM THE INTERSECTION OF THE SOUTHERLY
LINE OF SAID SECTION 14 WHICH THE CENTER LINE OF SAID MISSION
ROAD AT STATION 378 PLUS 70.9 THEREOF, AS SHOWN ON MAP OF MISSION
ROAD I-A, SHEET 15, SAN DIEGO COUNTY HIGHWAY COMMISSION, RECORDS
OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE SOUTH 00
43' WEST PARALLEL WITH THE WESTERLY LINE OF SAID MISSION ROAD
186.23 FEET TO THE BEGINNING OF A TANGENT 25 FEET RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 84042' A DISTANCE OF 36.96 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 85025' WEST 399.54 FEET TO
THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY;
THENCE CONTINUING SOUTH 85025' WEST 200.86 FEET; THENCE NORTH
0043' EAST 217.80 FEET; THENCE NORTH 85025' EAST 200.86 FEET;
THENCE SOUTH 0043' WEST 217.80 FEET TO THE TRUE POINT OF BEG-
INNING;
and
WHEREAS, the owners seek a change affecting said property to wit: to
divide said property having filed Tentative Parcel Map No. 92-05 which was
approved by the City of Poway City Council on January 5, 1993, which change
will cause additional burdens on the City of poway; and
I
1
1419
WHEREAS, the City of Poway is empowered to prevent said change, or
to deny or withhold its consent to the proposed change, as the case may
be, until the owners provide such improvements as will alleviate such
burdens; and/or until the owners enter into a covenent of improvements
with the city of Poway; and
WHEREAS, the installation by owners of improvements is a reasonable
condition to the granting of authority for said change by the City of
Poway; 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
property described above these covenants for future improvements;
NOW, THEREFORE, the owners hereby agree and declare that all the
property described above is held, conveyed, hypothecated or encumbered,
leased, rented, used, occupied and improved subject to the following
covenents, which shall run with the land and shall be binding on all parties
having or acquiring any right, title, or interest in the described lands
or any part thereof.
The following on-site improvments, as required by the Final Notice of Approval,
shall be designed prior to any building permit issuance and constructed prior
to the occupancy under the first permit for the development of Parcel No. 2
or 3 created by this map, TPM 92-05.
C.1. ON-SITE FIRE HYDRANT INSTALLATION
a. The owner(s) of said property shall construct one on-site
fire hydrant with connecting water main and appurtenances
to the satisfaction of the City of Poway City Engineer.
Plans, when required, shall be prepared by a Registered
Civil Engineer for the developer and approved by the
City Engineer. The above improvements shall be in accordance
with all pertinent City ordinances and standards. The
improvements shall be designed prior to any building permit
issuance and constructed prior to grant of occupancy for
any permit assi_ciated with the development of Parcel No. 2
or 3 created by this map, TPM 92-05.
ACKNOWLEDGEMENT
~~~T~~~~ LCu~(Y } 85.
_~~~I
-', ..~RI
I" -, R~exr= i
1420
_ . San DiegQ~~~ Bank ~
~ h / !c;r;~ .;;f'OIl r.h ~
On t tU"LC<. /J/ before me, ~(/9 Le
~ ~flcer Name ~'
~om~~ - ~4) / /~~..:u
~.--
-,......,.c.~"all} hRs.." l..::. .'. or proved to me on the basis of satisfactory evidence) to be
the person(sl whose na~re subscribed to the within Instrument and ac-
knowledg<RrTo me that ey executed the same In'-hlolberJlhelr authorized
capacltl'Um and that br hlslherltbei<-<llgnatur the Instrument the perso~
or the entity upon behal of which the person acted, executed the Instrument.
WITNESS y and and official seal. ,
-~
g>
~
~
"
~
=>
"'
>
"
~
8
w
~
g>
I;:
w
"
:r
"
z
~
m
(This area for official seal) 'nature
ATTENTION NOTARY: The following Information Is not mandatory, however It could P,
/
Title or Type of Document
Total Number of Pages
Signer(l) Other ThIn Nlmed Abave
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT DESCRIBED AT RIGHT:
MI&<t5(Rev.1/93)
z
o
~
w
t;
~
IN WITNESS WHEREOF, the parties ~ve pXJcuted this Agreement on
I~ day of 'dJ"~' , 19~
1421
PAUL HOWARD COLEMAN, JR. AND MARY BARBARA COLEMAN, TRUSTEES OF THE PAUL
HOWARD COLEMAN, JR., AND MARY BARBARA COLEMAN TRUST, DATED MAY 24, 1991.
~
(SIGNATURES MUST BE NOTARIZED)
*************************************************************************
x.u::tI>~
ACKNOWlEDGED
CITY OF POWAY
BY-?7JML.. 5, J1/~
Director of Engineering
Approve as to form:
DATE
Services
1/ -4'/rs-
/ .
DATE I'r. 7' r...--