Covenant Regarding Real Property 1996-0080902
RECORDING REQUEST BY:
CITY OF POWAV
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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COVENANT REGARDING REAL PROPERTY
Gerald R. Burgreen and Sharon R. Burgreen, C'OWNERs' hereinafter) are the owners of real property
described in Exhibtt A which is attached hereto and made a part hereof and which is commonly known as
Assessor's Parcel Number 321-180-72 ('PROPERTY" hereinafter). In consideration of the approval of
Tentative Parcel Map 95-05 by the Ctty of Poway ("CITY" hereinafter), OWNERs hereby agree to abide by
conditions 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In the event that Tentative Parcel Map 95-05 expires or is rescinded by City Council at the request
of the OWNERs, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event
the open space easement is abandoned, title shall revert to the underlying property owner.
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 OWNERs.
Dated:
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CITY OF POWAV
By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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ate . Name and Title of OffICer (e.g.,"J ne Doe, Notary Pu
personally appeared ).::!VI.4V'.I,(o-r.../-.-~JC. 6/J/p/A/ ,
Name(s) ofSigner(s)
D personally known to me - OR ~ proved to me on the basis of satisfactory evidence to be the perso~
whose nannefs)l i\l/are subscribed to the within instrument
and ackno~ged to me that M"8R8!~ecuted the
same in hiI#IItr/their a thorized capac' (ies and that b
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or the entity upon behalf of which the person~ted.
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WITNESS my hand and official seal.
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Signature of Notary Public
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: ;;)..- / 3 - 'ft
Number of pages:-p
Signer(s) Other Than Named Above:Mk U/~..::J, uH=
Capacity(ies) Claimed by Signer(s)
Signer's Name:
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
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary Association. 8236 AemmetAve., P.O. Box 7164. Canoga Park, CA 91309-7164
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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LEGAL DESCRIPTION
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, TOWNSHIP 14 SOUTH, RANGE 1
WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPTING THEREFROM ALL THAT PORTION OF PARCEL 4 DESCRIBED
AS FOLLOWS:
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 9919, LYING
WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE
NORTH 88011'21" WEST, 377.48 FEET TO THE SOUTHEAST CORNER
OF PARCEL 3 OF PARCEL MAP 9919, BEING ALSO THE TRUE POINT
OF BEGINNING; THENCE NORTH 01052'39" EAST, 188.00 FEET;
THENCE SOUTH 8800T 21" EAST, 153.00: THENCE NORTH 01-52' 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 TANGENT 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.
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EXHIBIT A
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RESOLUTION NO. P- 96-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 95-05
ASSESSOR'S PARCEL NUMBER 321-180-72
WHEREAS, Tentative Parcel Map 95-05, hereinafter submitted by Jim Faaborg
and Sharon Burgreen, applicants, for the purpose of subdividing the real property
situated in the City of Poway, County of San Diego, State of California,
described as Parcel 4 of Parcel 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 public hearing and action on January 16, 1996; 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 Council 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 Findinas:
The City Council finds that the project will not have a significant
adverse impact on the environment and hereby certifies that the previously
issued Negative Declaration with mitigation, adequately addresses the
potential environmental impacts of the proposed development.
Section 2: Findinas:
1. The tentative parcel map is consistent with all applicable general
and specific plans, because it provides lots exceeding the minimum
size required by the RR-C zoning.
2. The design or improvement of the tentative parcel map is consistent
with all applicable general and specific plans, because it is
surrounded by compatible residential uses.
3. The site is physically 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 cons i stent wi th the
General Plan and zoning ordinance slope criteria.
5. The design of the subdivision is not likely to cause substantial
environmental damage 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.
EXHIBIT B
2147
Resolution No. P-96-01
Page 2
6. The tentative parcel map is not likely to cause serious public
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.
7. The design of the tentative parcel map will not conflict with any
easement acquired by the public at large, now of record, for access
through or use of the property within the proposed subdivision.
8. That this project will not create adverse impacts on the environment
and a Negative Declaration with mitigation measures is issued.
9. The effect of the subdivision approval on the housing needs of the
San Diego region has been considered and balanced against the public
service needs of Poway residents and available fiscal and
environmental resources (residential only).
10. The design of the subdivision has provided, to the extent feasible,
for the future passive or natural heating or cooling opportunities
in the subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 95-05, subject to
the following conditions:
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.
Environmental mitigation measures 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 in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
*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 lying south of the City water line easement
maintenance road.
2148
Resolution No. P-96-01
Page 3
LANDSCAPING
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of 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 DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WIT THE FOLLOWING CONDITIONS:
1. The developer shall improve the equestri an/pedestri an trai 1 system in
accordance wi th the adopted 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 shall 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 mai nta i ned on subject easements except for the construction and
maintenance of said trail and structures appurtenant to the trail.
3. Dedi cate the Master pl anned equestri an/pedestri an trail s to the
sat i sfact ion of the Di rectors of Engi neeri ng and Pl anni ng Servi ces in
accordance with the Master Plan of Trails Element.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
I. 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 at first submittal of grading
plan.
4. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
2149
Resolution No. P-96-01
Page 4
5. The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to recordation of the final subdivision map or issuance of building
permit, whichever comes first.
6. 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
1. Tierra Bonita Road contiguous with the development's easterly boundary
sha 11 be improved to City's Urban Street - local Coll ector standards.
Improvements shall include, but are not limited to the following:
a. Street paving of the westerly half - twenty foot half width.
b. Construction of asphalt curb.
c. Construct i on of necessary street trans it i on to exi st i ng
improvements.
2. Provide an irrevocable offer of dedication to the City over the easterly
extension of Adrian Street to Tierra Bonita Road.
3. Reci proca 1 access and mai ntenance 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 and signing shall be installed to the satisfaction of the
Director of Engineering Services.
5. All street structural sections shall be submitted to and approved by the
Director of Engineering Services.
6. Street improvement plans prepared on standard size sheets by a Registered
Ci vil Engi neer shall be submitted for approval by the Di rector of
Engineering Services. Plan check and inspection expenses shall be paid by
the developer.
7. All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Engineering
Services.
8. 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.
2150
Resolution No. P-96-01
Page 5
9. Prior to any work being performed in the public 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 parcel 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 of handling and disposing of all surface water
originating within the subdivision, 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.
3. Portland cement concrete cross gutters shall be i nsta 11 ed where water
crosses the roadways.
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
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 utilities as required.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
5. Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
2151
Resolution No. P-96-01
Page 6
6. The applicant shall pay for a water system analysis to establish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid only when
required and upon dem~nd by the City.
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 luminaries shall be installed which will provide true gO
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 engi neeri ng charges shall be
paid by the developer.
d. Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of final
inspection or Certificate of Occupancy, whichever occurs later.
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 determined by the City Fire Marshal.
GENERAL REOUIREMENTS AND APPROVALS
1. Final parcel map shall conform 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.
Sa i d open space easement shall be approved as to form by the City
Attorney.
3. This subdivision shall not be further divided. The final parcel map shall
carry the title "Lot Averaged Subdivision".
2152
Resolution No. P-96-01
Page 7
4. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
5. Those portions of the subject property proposed to be held under common
ownership shall be labeled such and identified by a separate lot number on
the final map.
6. Prior to final map approval, all dedications shall be made and easements
granted as required above.
7. The tentative map approval shall expire on January 16, 1998. An
application for time extension must be received 90 days prior to
expiration in accordance with the City's Subdivision Ordinance.
APPROVEO and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of January, 1996.
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Don Higginson, M
1" e y " under the pena1!y
of perjury, that the above and
foregoing is a true and correct
copy of Resolution NoP-~--<>/ ,
as adopted by the City Councd of
Poway, alilornia on the /6l:t
day of , 19~.
MARJ IE K. W AHLSTfN, OTY CURK
by: /h i\1~
ATTEST:
In ~lu.L k )UCI--1L6 t:..-
Marjorie ~. Wahlsten, City Clerk
I, Marjorie K. Wahlsten, City Clerk of the City of Powa do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P-96-01
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of Januarv , 1996, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, EMERY, REXFORD, HIGGINSON
NONE
NONE
CALLERY
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Marjorie .Wahlsten, City Clerk
City of~way