Covenant of Improvement Requirements 1999-0318970RECORDING REQUESTED BY
THE CITY OF POWAY
~ I
DOC' 1999-'0318970
30~~ ' .
kJ MAY 11, 1999 8:46 AM
OFFICIAL RECORDS
SAN DIEGO aJOOY RErnRDER'S OFFICE
Gl[GORY J, SMITH. CllUHTV RECORDER
FEES: 16.00
IIIIII IIIII IIII
1 S9(H':\ 18070
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RECORDED REQUES~ OF FIRST ~CAN TITLE
SUBDIVISION MAPPING DEPAR~'l\jENT
When recorded, please mail to,
City Clerk
City of Poway
POBox 789
Poway, CA 92074
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COVENANT OF IMPROVEMENT REQUIREMENTS
TPM 98-08
APN 278-240-18
Non-compliance with the orovisions of these Covenant of Imorovement Reauirements
may result in your or your successor's inability to obtain a building permit. or may
restrict the aoproval of further development. The cost associated with these
Imorovements has not been established and may be substantial.
WHEREAS, Anton M. Pantone and Virginia B Pantone, Trustees of the Pantone
Family 1993 Trust, Dated 2/17/93, are owners of the following described property
PARCEL 1 OF PARCEL MAP NO 9427, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 29, 1979 AS
FILE NO 79-503026 OF OFFICIAL RECORDS
RESERVING THEREFROM IN FAVOR OF THE GRANTOR AN EASEMENT
AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY
PURPOSES INCLUDING BUT NOT LIMITED TO ELECTRIC POWER,
TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND
APPURTENANCETHERETO,OVER,UNDER,ALONGANDACROSSTHOSE
PORTIONS DELINEATED AND DESIGNATED AS "PROPOSED 40' PRIVATE
ROAD EASEMENT" ON SAID PARCEL MAP
SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND
FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF
ALL OR ANY PORTION OF SAID PARCEL MAP
and
WHEREAS, the owners seek a change affecting said property to wit: To divide
said property having filed Tentative Parcel Map No, 98-08 which was first approved by
the City of Poway City Council on August 4, 1998
.
3003
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;
WHEREAS, the City of Poway is empowered to prevent said change, or to deny
or withhold its consent to the proposed change, as the case may be, until the owners
provide such improvements as will alleviate such burdens; and/or until the owners enter
into a Covenant of Improvements with the City of Poway; and
WHEREAS, the installation by the owners of said improvements is a reasonable
condition to the granting of authority for said change by the City of Poway; and
WHEREAS, in lieu of the immediate installation and dedication of said
improvements, it is the desire and intention of the owners to impose upon the property
described above these covenants for future improvements;
NOW, THEREFORE, the owners hereby agree and declare that all the property
described above is held, conveyed, hypothecated or encumbered, leased, rented, used,
occupied and improved subject to the following covenants, which shall run with the land
and shall be binding on all parties having or acquiring any right, title, or interest in the
described land or any part thereof
The following on-site improvements, as required by the City of Poway Resolution
No P-98-44, shall be completed prior to obtaining a building permit on parcels 1, 2, & 3
of TPM 98-08
1 That portion of Eastvale Road within the subdivision and that street along
the easterly boundary of Parcel 2 shall be improved in accordance with
the standards and specifications for Non-dedicated Rural Streets per
Sections 12.20 110 and 12,20 120 of the Poway Municipal Code,
Completion of the improvements shall be done prior to building permit
issuance,
2, The developer shall improve the equestrian/pedestrian trail system in
accordance with the adopted standards and to the satisfaction of the
Directors of Public Services and Planning Services,
3 Improve and dedicate the trail as shown on the Trail Master Plan to
community standards at a width of 15 feet
4 A fire hydrant shall be installed on the east side of the driveway of
Parcel 3
5 Access roads and driveways shall be constructed of "all-weather"
surfaces.
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3004
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
fi3 t!i day of ~ ,19~
ANTON M. PANTONE AND VIRGINIA B PANTONE, TRUSTEES OF THE PANTONE
FAMILY 1993 TRUST, DATED FEBRUARY 17,1993
~J.~
ANTON M. PANTONE
Trustee
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\/iRGI~TONE
Trustee
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ACKNOWLEDGED
CITY OF POWAY
BY t.l~ .f~... .'
Director of Safety Services
DATE
4:-lCe - "J "l
Approved as to form.
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DATE
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. 3005
I CALIFORNIA AlL.PURPOSEACKNOW.LEDGMENT
.
CAl.-I r.i?f2tJ)A
County of '$AN P1E:Go
On ArV"' \al.t/lqq~ before. me, ~~~~f~I:9~~:2::~1
personally appeared AntOY1 4 V /Va I n\ ~.. P.qhto n~ ,
=J Name(s) of Slgner(s)
o personally known to me - OR J€roved to me on the basis of satisfactory evidence to be.the person(s)
whose name(s)'is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/theirsignaiure(s) on the instrument theperson(s),
or the entity upon behalf of which the person(s) acted,
executed e'in men!.
State of
f@-. - OFFICIAL SEAL 1
,,... HENRIETTE M. BURBANK~
;;. NOT ARY.P.UBLlC'CA L1FORNIAl1l
:l! 6, . COMM, NO, 1196964 -
. SAN DIEGO COUNTY J
l . MY COMM: EXP SEPT, 27~ 2002
and official seal.
Though the information below.is not required.'by law, it may prove valuable IO'per5ons 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: COljeA!\GMt 6+' r h1.pr~f ~1I/~
Document Date: "'IA Number of Pages: ~
Signer(s) Other Than Named Above: -1U>VP
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner ~D,Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other'
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o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Top of Ihumb here
Signer Is Representing:
Signer Is Representing:
o 199" National Notary AssoCiation' 823'6 Remmel Ave.. P.D, BOll 7184. Canoga Park, CA 91309-7184
Prod.'No.S907
Aeon;;er: Call Toll-Free 1-800-876-6827