Covenant Regarding Real Property 1992-0768308
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
728
DO~,U 1992-0768308
01-DEC-1992 08=14 AM
OFFICIAL REcOROS
SAN DIEGO COUNTY RECORDER'S OFFICC
AHHETTE EVANS, COUNTY RECORDER
RF: 13.00 FEES: 35.CO
AF: 21.00
MF: 1. 00
RECORf'ING REQUEST BY:
.'
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This SDace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Philip Edward Metrovich, a married man as his sole and
separate property, (. OWNER" hereinafter) is the owner of real
property described in Exhibit A which is attached hereto and made
a part hereof and which is cormnonly known as Assessor's Parcel
Number 321-110-18, 321-111-01 ("PROPERTY" hereinafter). In
consideration of the approval of Tentative Parcel Map 91-11 by the
City of poway ("CITY" Hereinafter), OWNER hereby covenants and
agrees for the benefit of the CITY, to abide by conditions of the
attached resolution (Exhibit B) and the following condition:
This tract is a lot averaged subdivision. Pursuant to
Section 17.08.180 {OJ of the City of poway Municipal Code,
none of the lots can be further subdivided unless City
water is brought to the boundary of the property and
newly created lots meet all applicable slope requirements
of the RR-A zone.
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.
In the event that Tentative Parcel Map 91-11 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rescinded by City Council at the request of the OWNER, CITY shall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 assign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER. ~ ~/ /~
Dated: //-/1'1""1, _~ H ~
'*1 P EDWARD ETRO ICH, OWNER
(Notarize)
Dated:
//-/7' - 'T..J
CITY OF POWAY
By
~ w '1:f-C/~
(No need to N~rize)
729
LEGAL DESCRIPTION
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP
14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED AUGUST 29, 1890.
730
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?AR'lNERSIlIP ~
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nt this the day of 19 _, before Ire, *
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state of
California
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County of
San Diego
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@ OFFICIAl. IUAI.
. KJ'.REN L. BISHOP
, Notary PubliC. Caltfoml8
SAN DIEGO COUNTY
MvCotnn'tlll.p.elj:Jt. 15, 1995
. State of
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nt this the
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19 ..22-, before me, *
day of
November
19
Karen L. BishoD
the undersigned Notary Public, personally appeared
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Philip Edward Metrovich
~ personally kncf,.m to Ire
t1 proved to Ire on the basis of .satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within instrurrent, and acknowledged that
executed it.
WI'mESS my hand and official ~.
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Notary I s Signature
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the undersigned Notary Public, personally appeared
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tl personally kncf,.m to me
t1 proved to Ire on the basis of satisfactory evidence
to be the person (s) who executed the wi thin instrurrent
en behalf of the partnership, and acknowledged to me that
the partnership executed it.
WI'mESS my hand and official seal.
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* Notary' s Signature *
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:xm>cEATE ~
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· State of
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nt this the
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day of
19
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before rre,
. County of
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the undersigned Notary Public, personally appeared
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tl personally ImCMll to rre
t1 proved to Ire on the basis of satisfactory evidence to
be the person(s) who executed the within instrurrent as
or en behalf of the oorporation *
therein narred, and ackrlowledged to rre that the corporation *
executed it. *
WI'mESS my hand and official seal. *
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. Notary's Signature *
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RESOLUTION NO. P-92-63
731
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 91-11
ASSESSOR'S PARCEL NUMBER 321-111-01, 321-110-18
WHEREAS, Tentative Parcel Map 91-11, hereinafter "Map, submitted by H&L
Land Development, applicant, Tom Nodes and Philip Metrovich owners, for the
purpose of subdividing real property situated in the City of Poway, County of San
Diego, State of California, described as the southwest quarter of the northwest
quarter and the northwest quarter of the southwest quarter of Section 4, Township
14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway,
County of San Diego, State of California, according to United States Government
Survey approved August 20, 1890, regularly came before the City Council for
public hearing and action on November 10, 1992; and
WHEREAS, the Director of Planning Services has recommended approval of the
Map subject to all condi t ions set forth in the Pl anni ng Services Department
report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
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Section 1: Environmental Findinqs:
The City Council finds that given the proposed mitigation measures, the
project will not have a significant adverse impact on the environment and
hereby issues a Negative Declaration with mitigation measures.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan in that it
proposes to create three large parcels for residential development
and the site is designated for low density rural residential
development.
2. The design or improvement of the tentative parcel map is consistent
with all applicable general and specific plans, in that the proposed
lot sizes and configurations adhere to the development standards for
the RR-A zone and the adopted standards for a lot averaged map.
3. The site is physically suitable for the type of development
proposed, in that the map proposes lots 16 acres or larger in size
which is suitable given the mountainous terrain and rural character
of the area.
4. The site is physically suitable for the density of the development
proposed, n that lot sizes conform to the density criteria of the
RR-A zone and the lot averaging standards contained in the Zoning
Ordinance.
5. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
732
Resolution No. P-92-63
Page 2
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other habitat,in that mitigation measures are required to offset
potential impacts. The measures include preservation of 21 acres in
fee title open space, nine acres in open space easements and a three
acre grading limitation on each lot.
6.
7.
The tentative parcel map is not likely to cause serious public
health problems, in that all lots can be served by well water and
sept i cll each fi e 1 d systems are requ i red to meet county Health
Department standards.
The design of the tentative parcel map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 91-11 subject to the
following conditions:
Within 30 days of approval: (1) the appl icant shall submit in writing
that all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. A revised site plan incorporating all conditions of approval shall be
submitted to the Pl anni ng Services Department pri or to record at i on of
fi na 1 map.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
5. At the time new residential dwelling unit(s) are constructed, the
applicant shall pay development fees at the established rate. The
following fees, including but not limited to, traffic mitigation,
drainage, and park fees prior to occupancy. Permit and plan check fees
shall be paid upon submittal of a map, and/or grading plan as applicable.
Fire protection fees ($50) must be paid upon submittal of final parcel
map.
733
Resolution No. P-92-63
Page 3
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No grading for private road improvements or building pad construction
shall be permitted to encroach on the deeded open space lot.
*7. The following note is displayed at the bottom of the tent~tive map:
6.
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NOTE: Owner reserves water and drilling rights on all
easements and deeded open space. Also reserving rights
to install leach fields in all easements and deeded open
space.
Prior to recordation of the final map, this note shall be revised to omit
all references to fee title open space and to state that any leach fields
located in open space easements must be trenched by hand. In addition,
the location and plan for any such leach field located within an open
space easement must be reviewed by a qualified biologist and approved by
the City of Poway Planning Services Department prior to start of work.
The grading for installation of any leach field located in an open space
easement must be monitored by a qualified biologist.
8. The three buildable parcels created by this map are located in a
hillsidejridgeline area. Any building or grading plans for the sites must
be approved by the City Council through the HillsidejRid'geline minor
development review process and conform to the Hillside Development
Policies listed on Pages 11-10 through 11-13 of the City of Poway General
Plan.
*9. Parcell of Tentative Parcel Map 91-11 includes almost an acre of coastal
sage habitat. In order to mitigate for potential future impacts on this
growth, the applicant shall revegetate coastal scrub areas which have been
destroyed by off-road activities. This revegetation shall include all
such on-site areas up to a total of one acre which are located in the area
labeled "Deeded Open Space" on the tentative parcel map. This
revegetation shall consist of the hand or machine application of a seed
nutrient mix (hydro seed 1 ike). The mix and appl ication plan shall be
approved by the City of Poway's landscape architect and must be applied at
the start of the rainy season. The revegetation plan shall be submitted
prior to final map approval and the work shall be completed prior to the
issuance of any building permit on Parcell.
*10. The devel oper shall record i ndi vidual covenants on Parcel s 1, 2, and 3
restricting future grading for building pad, accessory structures, and
leach fields to a maximum of three acres per lot. Grading for reasonable
driveway access need not be included within the calculation of maximum
graded area.
11. The final map shall prominently carry the following covenant:
This tract is a lot averaged subdivision. Pursuant to
Section 17.08.180(0) of the City of Poway Municipal
Code, none of the lots can be further subdivided unless
City water is brought to the boundary of the property
and newly created lots meet all applicable slope
requirements of the RR-A zone.
734
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Resolution No. P- 92-63
Page 4
*12. By separate document at the recording of the final subdivision map or on
the final subdivision map, there shall be granted to the City an open
space easement over portions of Parcels I, 2, and 3. Said open space
easement shall be approved as to form by the City Attorney and shall limit
the use of the open space in a form acceptable to the Director of Planning
Services.
13. The 21.2 acre area labeled as "Deeded Open Space" on the tentative parcel
map shall be dedicated to the City in fee title. Said transfer of title
shall commence at the recordation of the final map. The deed for this
open space will include restrictions on its use, including prohibiting any
structures, or grading, or other activities inconsistent with maintaining
it as a primitive open space area. These restrictions will be documented
on the final map.
LANDSCAPING
1. A detailed landscape and irrigation plan for slopes and revegetation area
shall be submitted to and approved by the Planning Services Department
prior to the issuance of building permits.
2. All graded slopes greater than five feet in height shall be landscaped and
irrigated, and those three feet or greater shall be planted in accordance
with adopted Poway Landscape Standards. A non-irrigated drought tolerant
native hydro seed mix may be approved for slopes created by off-site road
improvements; however, the hydroseeding must demonstrate a substantial
measures of success before any erosion control bonds/deposits are
refunded.
ADDITIONAL APPROVALS REOUIRED
1. The developer shall provide potential buyers with a current Zoning and
Land Use Map, and/or suitable alternative, to the satisfaction of the
Director of Planning Services.
2. Any sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils and geotechnical report shall be prepared by a qualified soils
engineer and geologist licensed by the State of California to perform such
work submitted with the first grading submittal.
735
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Resolution No. P-92-63
Page 5
3.
The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit .
4. 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 on the City blasting permit.
5. All new slopes shall be a minimum of 2:1 (horizontal to vertical). Cut
slopes may be steepened to 1.5:1 only upon prior approval of the Directors
of Planning and Engineering Services Departments. .
6. A final compaction report and record drawing shall be submitted and
approved prior to issuance of building permits.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits or release of securities.
8. Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
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g.
If pad elevations increase by greater than two feet in height from those
approved on the tentative map, City Council approval will be required.
10. Non-supervised nor non-engineered fill is specifically not allowed. Rock
over 12 inches in maximum dimension may only be placed in areas clearly
delineated on approved plans. Rocks may not be nested in groups greater
than three, nor may any loose soils be allowed to remain on or around rock
groupings. No rocks shall be placed on or in manufactured slopes.
11. Erosion control, including, but not limited to desiltation basins, shall
be installed during the period between October 15 and April 15. The
developer shall make provisions to insure the proper maintenance of all
erosi on control devi ces until 1 andscapi ng has provi ded compl ete ground
cover.
*12. The tops and toes of all graded slopes shall be constructed with a five.
foot minimum setback from any open space area.
STREETS
1. Private road improvements .shall be designed and secured prior to
scheduling the final parcel map for City Council approval.
2. Roads servi ng each parcel sha 11 be constructed on-and off-s i te to the
City's non-dedicated rural road standard to the nearest publicly-
maintained road. Specific improvements for one possible alignment have
been schemat ically represented on a plan prepared by the appl i cant' s
engineer.
736
Resolution No. P- 92-63
Page 6
The required road improvements shall- be constructed under a grading
permit. The applicant shall provide a letter of acknowledgement from the
owner of the underlying fee title of each property being graded. In the
absence of such a letter, the applicant must demonstrate that the proposed
grading will be consistent with the easement rights held and will not
unreasonably interfere with the intended use of the easement.
4. A road maintenance agreement shall be executed for all parcels created on
this map providing for the maintenance of the access road to the nearest
public-maintained road. The property may elect to join existing
maintenance agreements that may exist and be deemed adequate by the City
Attorney.
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3.
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6.
5.
Private street improvement plans shall be prepared and processed as a
grading plan. Said plans shall be prepared on standard sized sheets by a
Registered Civil Engineer. The grading plans shall be approved and
securities posted prior to final map approval. The securities shall be
posted with a standard agreement which requires the developer to construct
the facil ities within two years of execution of the agreement. The
security shall be for 100 percent of the total estimated cost of the
improvements. The normal requirement for a 50 percent payment and 10
percent warranty security is waived due to the fact that this is not a
public improvement.
A monument bond in an amount acceptable to the City Engineer shall be
posted prior to schedul ing of the final parcel map for City Council
approval.
DRAINAGE AND FLOOD CONTROL
A drainage system capable of handling and disposing of all surface water
originating within the development, and all surface waters that may flow
onto the development from adjacent lands, shall be required.
UTILITIES
1. Overhead utility service may be utilized per City Council Resolution No.
91-003; however, lines between the structure and the nearest pole must be
underground. The closest pole lines must be at least 40 feet from the
structure unless it is located on a property line.
2. The developer shall contact. the appropriate cable television service
provider to make any appropriate arrangements for cable service prior to
issuance of grading or building permits.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Fire Department access to all lots shall be via all-weather surface roads,
a minimum of 20 feet in width.
737
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Resolution No. P- 92-63
Page 7
All lots shall be provided with a minimum 10,000 gallon water storage
tanks.
2.
GENERAL REOUIREMENTS AND APPROVALS
1. Final parcel and tract maps shall conform to City standards and
procedures.
2. Should this subdivision be further divided, each final map shall be
submitted for approval by the Director of Engineering Services.
3. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
4. The app 1 i cant shall make an i rrevocab 1 e offer of ded i cat i on for all
private road easements as shown on the tentative map. Said IOD shall be
recorded as part of the final map, rejected by the City Council, and held
open for future acceptance at the City Council's discretion.
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5. The tentative map approval shall expire on November 10, 1994. Application
for time extension must be received 90 days prior to expiration in
accordance with the City's Subdivision Ordinance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of November 1992.
ATTEST:
~ k i\J.v0.,~
Marjor e . Wahlsten, City Clerk
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Resolution No. P-~2~6~
Page 8
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ~92-63
was duly adopted by the City Council at a meeting of said City Council
held on the 10th day of November , 1992 and that it was so adopted by
the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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REPORT\TPH9111.RES
(Note: One vacancy created by termination of Mayor Goldsmith's appointed term
on November 3, 1992.)
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