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Covenant Regarding Real Property 1993-0830617 ~ ~ H d~'.~~ nn'^/~~ U\ n 17~j-V~JVal( lO-QEC-1993 08:05 AM RECORDING REOUEST BY: CITY CLERK CITY OF POWAY POBOX 7B9 POWAY CA 92074-07B9 ) ) I I ) I I ) I I ) I ;::c ~ 1';,0':' 2066 C~FI~I~L 2~CG~~: ~~N J:EGD C:U.'fTY ~~::;=GRDEF:~: J~F:C: HNNE~TE E',iAN: 7 CGL't~:Y E:=S=:DE: ~:;; 12. :0 F~~S ~ ""I'"' ~., CITY OF POWAY WHEN RECORDED MAIL TO: MF~ :. ':: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Gerald R. Burgreen and Sharon ill. Burgreen, Husband and Wife as Joint Tenants ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly kno)IVn as Assessor's Parcel Number 321-180-72 ("PROPERTY" hereinafter). In consideration of the ap~roval of Tentative Parcel Map 93-01 by the City of Poway ("CITY" hereinafter), OWNER hereby cqvenants and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Ethibit Bl. This Covenant shall run with the ,land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. I In the event that Tentative Pardel Map 93-01 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may aS$ign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. ~ , Gerald R. Burgreen and Sharon R Burgreen, (Notarize) Dated: \\\'q\a.3 CITY OF POWAY By: ill--a- V~ -r;:~ I~ ~3 I/J'it'73 ww/--, ~ ~~ -A1T'-rI~ ~ ~I.J~ ~ ~ iJ .~;""-~~.-r ~v>-~j) ~ ~J ~ "'Pof' ~ ~ MJJ.I ~ ~ 'b_ fcvvJ;l. h-- #-.- ~ ~...;::z.-I ~ n ~ ~ u--<-- ~ ~.:t4c:a ~ ~ ~ rw h--.-JV' U~, Dated: /{.L /a - '13 , TransL. 3rica Title Insurance' n pany <08& THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA; COUNTY OF SAN DIEGO, CITY OF POWAY, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 4 OF PARCEL MAP 9919, FILED APRIL 17, 1980 AS FILE NO. 80-131562, BEING A DIVISION OF A PORTION OF THE NORTH HALF OF LOT 3 IN SECTION 7, T~WNSHIP 14 SOUTH, RANGE 1 WEST, IN THE COUNTY OF SAN DltGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM ALL THAT .ORTION OF PARCEL 4 DESCRIBED . AS FOLLOWS: THAT PORTION OF PARCEL 4 OF P~RCEL MAP NO. 9919, LYING WESTERLY AND SOUTHERLY OF THEiFOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST COffiNER OF SAID PARCEL 4; THENCE NORTH 88011'21" WEST, 377.48 F1EET TO THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP 991', BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTH 01~52'39" EAST, 188.00 FEET; THENCE SOUTH 88007'21" EAST, 153.00; THENCE NORTH 01052'39" EAST, 98.68 FEET TO 215 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL OF SAID CURVE BEARING NORTH 29029'05" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, 104.64 FEET, THROUGH A DELTA OF 27053'09" TO A TANG1ENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 185.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 179.18 FEET, THROUGH A DELTA OF 55029'35"; THENCE SOUTH 04055'18" EAST, 5.04 FEET TO THE NORTHEAST CORNER OF PARCELS 3, BEING AN ANGLE POINT ON SAID PARCEL 4; THENCE SOUTH 8013'44" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 4 TO THE TRUE POINT OF BEGINNING. ~ESOLUTION NO. P- 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING JENTATIVE PARCEL MAP 93-01 ASSESSOR'~ PARCEL NUMBER 321-180-72 <06/) WHEREAS, Tentative Parcel Map 93-01, hereinafter submitted by Jim Faaborg and Sharon Burgreen, appl icants, for the purpose of subdividing the real property situated in the City of Pow~y, County of San Diego, State of California, described as Parcel 4 of Parce~ Map 9919 in the City of Poway, filed in the office of the County Recorder of San Diego County into two lots, regularly came before the City Council for pub~ic hearing and action on October 12, 1993; and WHEREAS, the Director of Planning Services has recommended approval of the Map subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Counci~ has read and considered said report and has considered other evidence presented at the public hearing both pro and con. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinos: The City Council finds that the project will not have a significant adverse impact on the env~ronment and hereby issues a Negative Declaration with mitigation measures related to biological impacts. NOTICE: This property is located in an area which is known to contain coastal sage scrub, the habitat of the California gnatcatcher, which has been listed as a threate~ed species. Existence of coastal sage scrub on your property may affect !your ability to proceed with this project. Section 2: Findinos: 1. 2. 3. The tentative parc~l map is consistent with all applicable general and specific plans,! because it provides lots exceeding the minimum size required by the RR-C zoning. The des i gn or improvement of the tentative parJ:eJ .lIlap. j.sCDns i stent with all applicable general and specific plans, because it is surrounded by compatible residential uses. I The site is phys~cally suitable for the type of development proposed, because the property has an overall slope of 20 percent which warrants the:development of two single-family homesites. , 4. The site is physically suitable for the density of the development proposed, in that the two lots proposed are consi stent with the General Plan and zoning ordinance slope criteria. EXIBIT B 5. 6. 7. ,20;'0 Resolution No. P-93-S0 Page 2 8. The design of the subdivision is not likely to cause substantial environmental damag~ and avoidable injury to humans and wildlife or their habitat, because the area containing coastal sage scrub will be permanently preserved in fee title to the City. I The tentative parc~l map is not 1 ikely to cause serious publ ic health problems, because the project will be served by City water and individual septic systems which will meet County of San Diego and City of Poway requirements. The design of the ~entative parcel map will not conflict with any easement acquired b the public at large, now of record, for access through or use of t e property within the proposed subdivision. That this project w1'11 not create adverse impacts on the environment and a Negative Declaration with mitigation measures is issued. The effect of the slubdivision approval on the housing needs of the San Diego region haj been considered and balanced against the public service needs of Poway residents and available fiscal and environmental reso rces (residential only). The design of the subdivision has provided, to the extent feasible, for the future pas~ive or natural heating or coolin9 opportunities in the subdivision" 9. 10. Section 3: City Council Decision: The City Council hereby approves Tentative Parcel Map 93-01 subject to the following conditions: Within 30 days of approval (1) The Applicant shall submit in writing that all conditions of appro-Jal have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. i Environmental mitigation ~easures are indicated by the use of * asterisks. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. Site shall be developed ip accordance with the approved site plans on file in the Planning Services!Department and the conditions contained herein. 2. Approval of this requestlshall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinance in effect at the time of building permit issuance. ,Co?'! Resolution No. P-93-50 Page 3 , *3. The appl icant shall dedicate in fee title that portion of the subject property containing Coastal Sage Scrub located within proposed Parcel 2, described generally as liying south of the City water 1 ine easement maintenance road. LANDSCAPING Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City lof Poway ordinance and shall be planted at an average of every 30 feet. ADDITIONAL APPROVALS REOUIRED 1. A minor development review shall be accomplished prior to the issuance of a building permit. APPLICANT SHALL CONTACT THE DEP~RTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WIT THE FOLLOWING CONDITIONS: 1. The developer shall imprbve the equestrian/pedestrian trail system in accordance with the adop~ed standards and to the sat i sfact i on of the Directors of Engineering and Planning Services prior to final map approval. 2. An open space easement s~all be granted to the City over, upon, across, and under the area defined on the final maps as an equestrian trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail. 3. Dedicate the Master pnanned equestrian/pedestrian trails to the satisfaction of the Directors of Engineering and Planning Services in accordance with the Master Plan of Trails Element. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CpNDITIONS: GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechni ca 1 report, and 'accepted gradi ng practices. The grading plan shall cohtain a certificate signed by a registered civil engineer that the grading, plan has preserved a minimum of 100 square feet of solar access for each jdwelling unit and for each future building site within the subdivision. i 2. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of grading plan. 4. 5. 6. <o~ .2 Resolution No, P- 93-50 Page 4 , , A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The final grading plan sh~ll be subject to review and approval by the Planning and Engineering S~rvices Departments and shall be completed prior to recordat i on of the fi na 1 subd i vi s i on map or issuance of buil di ng permit, whichever comes first. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken !for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. STREETS AND SIDEWALKS I. Tierra Bonita Road contigmous with the developlment's easterly boundary sha 11 be improved to C i q' s Urban Street - Local Co 11 ector standards. Improvements shall includ~, but is not limited to the following: a. Street paving of th~ westerly half - twenty foot half width. b. Construction of asp~alt curb. c. Construction of necessary street transition to existing improvements. Provide an irrevocable offer of dedication to the City over the easterly extension of Adrian Street to Tierra Bonita Road. 2. 3. Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Engineering Services. 4. Street striping an signing shall be installed to the satisfaction of the Director of Engineering S~rvices. All street structural sections shall be submitted to and approved by the Director of Engineering Services. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering Services. Plan check and inspection expenses shall be paid by the developer. All exterior street improJements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Engineering Servi ces. . I All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. 5. 6. 7. 8. <0;> .] Resolution No. P-93-50 Page 5 9. Prior to any work being performed in the publ ic right-of-way, an encroachment permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. 10. The developer shall pay the! Traffic Mitigation Fee at the established rate at the date the final inspection or the date the Certificate of Occupancy is issued, whichever occurs later, but a security deposit must be posted with the City prior to parfel map approval. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the Director of Engineering Services and in accordance with standard engineering practices. 2. A drainage system capable pf handling and disposing of all surface water originating within the sub~ivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 3. 4. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance at the date of final inspection or at the date the Cert i fi cate of Occupancy is issued, whi chever occurs later, but a security deposit must be posted with the City prior to map approval. 5. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES I 1. All proposed utilities within the project shall be installed underground. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilit~es as required. 4. Water, sewer, and fi re protect i on systems plans shall be des i gned and constructed to meet requi~ements of the City of Poway and the County of San Diego Department of H~alth. 5. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. 6. i I The app 1 i cant shall pay for a water system ana lys is to estab 1 ish the proper size and location fqr the public water system. The amount will be determined by the cost of the ana1ysi s and shall be paid only when required and upon demand br the City. Resolution No. Page 6 <0,,- </ p- 93-50 7. Developer shall construct alight system conforming to City of Poway standards at no cost to the public, subject to the following: a. Cut-off 1 umi nari es shall be i nsta 11 ed wh i ch wi 11 provi de true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. . b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and Di stri ct eng i neeri ng charges shall be paid by the developer. Annexat i on to the 1 i ght i ng d i stri ct shall be accomp1 i shed and evidence of annexation shall be accomplished at the time of final inspection or Certificate of Occupancy, whichever occurs later. d. 8. Cable television services shall be provided and installed underground. The developer shall notify'the cable company when trenching for utilities is to be accomplished. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: The addition of on-site fire hydrants is required. The location of the hydrants shall be determinled by the City Fire Marshal. GENERAL REQUIREMENTS AND APPROVALS 1. Final parcel map shall corlform to City standards and procedures. *2. By separate document prior to the recording of the final parcel map, there shall be granted to the City, an open space easement in fee title over that portion of Lot 2 containing the mapped areas of Coastal Sage Scrub. Said open space easement shall be approved as to form by the City Attorney. i 3. This subdivision shall not be further divided. The final parcel map shall carry the title "Lot Averaged Subdivision". Resolution No. P-93-50 Page 7 -20.... r.s 7. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Those portions of the subject property proposed to be held under common ownership shall be labele~ such and identified by a separate lot number on the final map. Prior to final map approval, all dedications shall be made and easements granted as required abov~. The tentative map appnpval shall expire on October 12, 1995. An application for time extension must be received 90 days prior to expiration in accordance with the City's Subdivision Ordinance. 4. 5. 6. APPROVED and ADOPTED by the City Council of the City of Poway, State of .California, this 12th day of Ottober, 1993. STATE OF CALIFORNIA ----~~ - ~ Don Higginson, M~ I hereby certify, under the penalty of perjury, that lhe above and foregoing is a true and correct copy of Resolution No.f - '13 -~ 9 as ~dopled by the City Council of Poway. California on the J.!1 Lk day of~e:;t:;t;;.. , ,19~. MARJORIE K. ':'A~ CITY CU~ byY!b ~ I, Marjorie K. Wahlsten" City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No.P-93-50 , was duly adopted bY~ City Council at a meeting of said City Council held on the 12th day of Oc ober , 1993, and that it was 50 adopted by the following vote: ATTEST: -:,"\. _. 1/ -'\'. -r ) v.............\ '4........<..... r- ;I '- ~l...1-.- ~ L...._ Marjorie ~. Wahlsten, City Clerk , COUNTY OF SAN DIEGO ) ) SS. ) AYES: NOES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NONE ABSTAIN: NONE ABSENT: NONE ": ) '0-,...:',,"':"" k ;rt c', J....,- t... Marjorie K. Wahlsten, City Clerk City of Poway ~