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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...--