Covenant Regarding Real Property 1993-0830617
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lO-QEC-1993 08:05 AM
RECORDING REOUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 7B9
POWAY CA 92074-07B9
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CITY OF POWAY
WHEN RECORDED MAIL TO:
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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.
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In the event that Tentative Pardel Map 93-01 expires or is rescinded by City Council at the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:
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CITY OF POWAY
By: ill--a- V~ -r;:~
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Dated:
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, TransL. 3rica Title Insurance'
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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.
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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.
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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.
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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.
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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
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*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
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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. .
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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;>
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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
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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.
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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.
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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:
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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
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