Covenant Regarding Real Property 1996-0311022
roc " 1996-0311022
2GJUN-1996 11=15 AM
RECORDING REQUEST BY:
CITY OF POWAY
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311
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
fJ: 15.00 FEES:
AF: 21. 00
MF: 1. 00
37.00
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Jerry and Unda Strauss iOWNERs" hereinafter) are the owners of real property described In Exhlbtt
A which Is attached hereto and made a part hereof and which Is commonly known as Assessor's Parcel
Number 278-240-15 iPROPERTY" hereinafter). In consideration of the approval of Tentative Parcel Map 96-
01 by the CIty c:l Poway C'CITY" hereinafter), OWNERs hereby agrees to abide by condttlons of the attached
resolution (Exhibit B).
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In the event that Tentative Parcel Map 96-01 expires or is rescinded by City Council at the request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,
In the event of litigation 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.
Dated:
~ 1.1/11-
if; /;3/ q ~
, I
Dated :
J rauss, OWNER (I'lotarize)
~/W ~ J 1lko w&./
C1nd Strauss, OWNER (Notarize
CITY OF POWAY
Dated:
S-c1/-Q((l
By:
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CALIFORNIA ALL-PURPOl:oo.: ACKNOWLEDGMENT
State of
0-f>tLl FOr 1\)\ d.
Dlf!0D
County of SA j\j
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On
before me,
Date
personally appeared
D personally known to me - OR -
:us
k:LA llU~
13ro~ncL
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Name and Tille of Officer (e.g., "Jane Doe, Notary Public")
g .4IJD ~
Name(s)of Signer(s)
US;;
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is~bscribed to the within instrument
and acknowledged to me that he/shettfleY)lxecuted the
same in his eir thorized capacifY(ies), and that by
his/her/ e" " ature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer
Title(s):
o Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Number of Pages:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
C 1994 National Notary Association' 8236 Remmet Ave.. P.O. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-.876-6827
319
LEGAL DESCRIPTION
PARCEL 1:
That portion of the Southwest Quarter of the Southwest Quarter of Section 33,
Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof, described
as follows:
Commencing at the Southwest corner of said Section 33; thence along the Westerly
line of said Section 33, North O~o3'i'35" East 323.11 feet; thence South 66001'10"
East, 195.27 feet; thence North 33023'10" East 169.60 feet; thence North
81036' 00" East, 157.58 feet to the Southwesterly corner of land described in
Parcell in deed to Leonard E. Weitz, et ux, recorded May 21, 1959 in Book 7674,
Page 549 of Official Records and being the TRUE POINT OF BEGINNING; thence along
the boundary of said Parcell of Weitz's land, as shown on Record of Survey Map
No. 6023, filed in the Office of the County Recorder of San Diego County, March
21, 1962 as follows: North 12035'10" East, 198.37 feet; South 89041'30" East
41.86" feet; North 69018'30" East 357.15 feet; North 78055045" East 129.28 feet;
North 86011'00" East, 151.43 feet; and North 75053'15" East 226.49 feet to the
Easterly line of the Southwest Quarter of the Southwest Quarter of said Section
33; thence along said Easterly line South 01037'35" West, 432.53 feet to the
Southeasterly corner of said Parcell of' Weitz's land; thence along the Southerly
boundary of said land as shown on Record of Survey Map No. 6023 as follows: South
77023'OO"West, 512.14 feet to an angle point therein and being a point herein
designated as Point "XII; North 48049'30" West, 102.14 feet; North 85044'45" West
106.84 feet; North 71057'45" West, 131.15 feet; and North 78059'30" West, 98.35
feet to the TRUE POINT OF BEGINNING.
EXHIBIT A
RESOLUTION NO. P-96-37
A RESOLUTION OF THE CITY COUNCIL 320
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 96-Dl
ASSESSOR'S PARCEL NUMBER 278-240-15
WHEREAS, Tentative Parcel Map 96-01, submitted by Jerry and Linda Strauss,
proposes to divide a 7.66 acre property into three parcels. The subject property
is located at 15466 Eastvale Road, in the RR-B (High Valley) zone; and
WHEREAS, on May 21, 1996 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council hereby issues a Negative Declaration with mitigation in
the areas of Soil sand Geology, and Transportati on. (Envi ronmenta 1
mitigation requirements are indicated by conditions of approval marked
with an asterisk*)
Section 2: Findinas:
1. The approved project is consistent with the general plan, in that it
proposes to create three parcels from a lot designated for Rural
Residential use.
2. The design and improvements required of the tentative parcel map are
consistent with all applicable general and specific plans; in that
the approved parcel sizes and configurations adhere to the
development standards for the High Valley area.
3. The site is physically suitable for the type of development and the
density proposed; in that the site is large enough to provide three
parcels, each greater than two acres in size and with a proposed pad
area of one acre contiguous square footage of less than twenty-five
percent slope for the construction of new homes.
4. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
other habitat in that the site has been used for avocado growing and
does not contain native vegetation. The stream area along the south
side of the property will be retained in its natural state.
5. The tentative parcel map is not likely to cause serious public
health problems in that City water service and a septic system
approved through the County Department of Environmental Health will
be provided for each new home.
6. 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: City Council Decision:
The City Council hereby approves Tentative Parcel Map 96-01 subject to the
following conditions:
321
Resolution No. P-96-37
Page 2
Within 30 days of approval (1) the applicant 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.
COPlPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTPlENT OF PLANNING SERVICES.
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. Revised site plans incorporating all conditions of approval shall be
submitted to the Planning Services Department.
3. Approval of this request shall not waive compliance with all sections of
the South Poway Specific Plan, Zoning Ordinance and all other applicable
City Ordinances in effect at the time of building permit issuance.
4. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
ADDITIONAL APPROVALS REOUIRED
Minor development review shall be accomplished prior to the issuance of a
building permit.
COPlPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COPlPLIANCE SHALL BE
APPROVED BY THE DEPARTPlENT OF ENGINEERING SERVICES.
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. The grading plan shall contain 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 dwelling unit and for each future building site
within the subdivision.
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
4.* A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
S. The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to start of grading operation.
Resolution No. P- 96-37
Page 3
6. A pre-blast survey of the surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. A blasting
permit shall be obtained from the Engineering Services Department 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.
322
7. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
8. A final compaction report shall be submitted and approved prior to
issuance of building permits.
9. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
10. BUildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
11. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
12.* Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
13. The tops and toes of all graded slopes shall be constructed with a five-
foot minimum setback from any open space area and property lines.
14. The driveway to be jointly used by Parcels 2 and 3 shall be improved to
City standards and specifications with a minimum width of 16.00 feet.
STREETS
1.* That portion of Eastvale Road, from the easterly terminus of the AC-paved
portion of said road to and including its easterly extension in the
subdivision, shall be improved in accordance with the standards and
specifications for Non-dedicated Rural Street per Sections 12.20.110 and
12.2D.120 of the Poway Municipal Code. Completion of the improvements
shall be done prior to building permit issuance.
2. A road maintenance and construction agreement for the above described
portion of Eastvale Road shall be executed and recorded in the office of
the San Diego County Recorder prior to map approval. Said agreement shall
be in a form acceptable to the City Attorney.
Resolution No. P-96-37
Page 4
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
323
4. Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
5. All street structural sections shall be submitted to and approved by the
Director of Engineering Services Department prior to street construction.
6. Private street improvement plans shall be prepared and processed as a
grading plan. Said plans shall be in a scale of }"-40' minimum and
prepared on standard sheets of mylar by a Registered Civil engineer and
shall be submitted for approval by the City Engineer. Plan check and
inspection fees shall be paid by the developer. The grading plan shall be
approved and securities posted prior to start of grading operation.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
2. A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project 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.
3. Portland cement concrete gutters shall be installed where water crosses
the roadways.
4. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
m.ER
1. Sewl.ge disposal system shall be designed and constructed to meet the
requirements of the City of Poway and San Diego County Department of
Health.
2. A Health Department certificate for the sewage disposal system shall be
obtained prior to parcel map approval. The approved certificate wording
shall be placed on the parcel map, except the non-title sheet.
3. Prior to getting approval of the sewage disposal system from the County
Department of Health, the developer's engineer shall submit to the City a
leach field layout plan for review and approval.
WAill
1.
324
Resolution No. P- 96-37
Page 5
A public water main line extension, from the nearest existing water main
to a point at the southeast corner of Parcell, shall be constructed to
provide water supply for domestic and fire protection needs within the
subdivision.
2.
The appl icant shall pay for a water system analysis to establish the
proper size and location of the water main line extension. The amount
shall be determined by the cost of analysis and shall be paid prior to
submittal of improvement plans.
Improvement plans, prepared on standard sheet of ~lar on 1".20' scale by
a Registered Civil Engineer shall be submitted for review and approval by
the Director of Engineering Services. Plan check, inspection, and
administrative fees shall be paid by the developer and appropriate
securities posted prior to plan approval. Initial plan checking and
inspection fees shall be paid at first submittal of plans.
A Standard Agreement for Construction of Publ ic Improvements shall be
executed by the developer prior to parcel map approval.
Water lines and appurtenances that will be installed at locations other
than within public streets shall have an easement, a minimum of 20 feet
wide for each line, dedicated to the City of Poway. Multiple parallel
facilities will require additional easement width for on-site facilities.
Dedication shall be offered on the parcel map or by a separate document
instrument prior to approval of improvement plans. No other utility lines
shall be placed within the easement unless otherwise approved by the
Director of Engineering Services.
3.
4.
5.
UTILITIES
1. All proposed electrical/communication/CATV utilities within the project
shall be installed underground including existing electrical utilities
less than 34.5 KV along Circulation Element roads and/or highways.
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 plblic utilities as required.
4. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances shall be shown on the grading/improvement plans.
5. All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
325
Resolution No. P-96-37
Page 6
iENE~L REQUlBE!ENTS AND APPROVALS
1. The parcel map shall conform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
2. No work and no structures are allowed within any City-held easement that
would compromise the use and purpose for which it was originally
dedicated.
3. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to parcel map approval.
DEVELOPMENT RELATED FEES
1. The following fees, including but not limited to, traffic mitigation,
drainage, water base capacity, and park fees shall be paid or secured
prior to parcel map approval. If secured, these fees shall be paid in
full prior to issuance of a certificate of occupancy.
Permit and plan checking fees shall be paid upon submittal of parcel map,
improvement, and/or grading plan, as applicable.
Fire protection fee and reimbursement processing fee shall be paid in full
prior to parcel map approval.
San Diego County Water Authority (SDCWA) base capacity fees shall be paid
at time of application for a water meter installation.
2. A processing fee shall be paid to the City for each easement dedication
made through a separate instrument other than dedication made on the
parcel map.
MISCELLANEOUS
The property has been assigned 3 assessment units in the Integrated
Financing District 96-1 formed April 16, 1996. After parcel map
recordation, each created parcel within the subdivision will be assessed
one benefit unit in the District.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
PARCEL *1
1. The existing 30' private easement shall be improved to 20 feet in width to
the eastern property line. The driveway width to the residence shall be
at least 16 feet wide unless residence is provided with a residential fire
sprinkler system.
2. Driveways exceeding 150 feet shall require an approved fire department
turn-around.
Resolution No. P-96-37
Page 7
3. Fire access roadways shall consist of an "all weather surface" capable of
support ing the imposed loads of fi re apparatus approved by the City
Engineer.
326
4. A residential fire sprinkler system may be required for the new home.
5. Locate a fire hydrant at the eastern property line of Parcel I.
6. Driveways exceeding 15% grade shall require the home to be fitted with
residential sprinklers.
PARCEL #2
Improve the driveway width to at least 16 feet or a residential fire
sprinkler system shall be required on Parcel #3.
PARCEL #3
1. A driveway access width traversing Parcel 2, in addition to Parcel 3,
shall be installed.
2. Driveways exceeding ISD feet shall require an approved fire department
turn-around.
3. Fire department access roadways shall consist of an .all weather surface"
capable of supporting the imposed loads of fire fighting apparatus by the
City Engineer.
4. A residential fire sprinkler system may be required.
5. The dwelling will be required to have stand-by water for firefighting, and
if required, a residential fire sprinkler system.
This approval shall become null and void at the end of two years from the date
of this action unless a time extension application is submitted. Applications
for a time extension should be submitted no later than 90 calendar days prior to
the date of tentative parcel map expiration.
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327 Resolution No. P-96-37
Page 8
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 21st day of May, 1996.
ATTEST:
STATE OF CALIFORNIA
I hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and correct
copy 01 Resolution No./'- "l'~-37
es adopted by the City Counc~ ~f
Poway, California on the ~ (~
day of '/n~ 19 'i"L-
MARJORJE K W HLSTE~, CITY C~RI(
by:'--MiUU 1f'~
~
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-96-37 . was duly adopted by the City Council at a meeting of said City Council
held on the 21st day of May , 1996, and that it was so adopted
by the following vote:
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COUNTY OF SAN DIEGO
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NDNE
ABSENT: NONE
E:\C1TY\PLANNING\REPORT\TPM9601.RES