Covenant of Improvement Requirements 1997-0411109
. R~ORDING ReoUEsTE~Y l
SOUTHLAND l:ITLE OF SAN DIEGO
RECORDING REQUESTED BY
THE CITY OF POWAY
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A~~;.l{lJ;O}}JJO~M
OFFICIAL RECORDS
SAH DIEGO CDUHTY RECORDER'S OFFICE
.GREGORY J, SMITH, COUHTY RECORDER
FEES: 16.00
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When recorded, please mail to:
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City Clerk
City of Poway
P.Q. Box 789
Poway. CA 92074
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COVENANT OF IMPROVEMENT REQUIREMENTS
TPM 89-12
APN 321-031-24
Non-compliance with the provisions of these Covenant of Improvement
Requirements may result in your. or your successor's inability to obtain a building
permit, or may restrict the approval of further development. The cost associated
with these Improvements has not been established and may be substantial.
WHEREAS, Paul W, Grimes and Carol M. Grimes, Trustees of The Grimes
Family Trust, dated March 10, 1989, are owners of the following described property,
PARCEL 4 OF PARCEL MAP 10211 , IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO aJUNTY ON JULY 10, 1980, BEING A
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNADINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,
EXCEPTING THAT PORTION MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST aJRNER OF SAID PARCEL 4 OF
PARCEL MAP 10211; THENCE SOLfTHERL Y ALONG THE WESTERLY LINE
OF SAID PARCEL 4, SOUTH 14008' 45" EAST 463,36 FEET TO THE
NORTHEAST aJRNER OF PARCEL 3 OF SAID PARCEL MAP 10211 BEING
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY
ALONG SAID WESTERLY LINE 375.09 FEET TO THE SOUTHWEST
aJRNER OF SAID PARCEL 4, PARCEL MAP 10211 BEING ALSO THE
SOUTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 700 04' 35"
EAST 52.43 FEET ALONG SAID SOLfTHERL Y LINE THEREOF; THENCE
LEAVING SAID SOUTHERLY LINE NOTH 200 17' 23" WEST 406.80 FEET
TO THE TRUE POINT OF BEGINf\!!NG;
and
WHEREAS, the owners seek a change affecting said property to wit: To divide
said property having filed Tentative Parcel Map No, 89-12 which was first approved by
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the City of Poway City Council on May 15, 1990, and having subsequent Time
Extensions, the most recent being May 14, 1996; and
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 orrsite improvements, as required by the City of Poway Resolution
No, P - 90-33, Page 7, under "Utilities", as item 4, shall be completed prior to building
Certificate of Occupancy on parcels 1,2,3, and 4 of TPM 89--12,
The owners of said property shall construct 0.. install:
1 - A residential Fire Sprinkle.. System fa.. each residence along with an
adequate Stol'8ge Tank to the satisfaction of the city Fire Marshal plio.. to the
issuance of building Cel'tificate of Occupancy.
2 - Individual private wate.. pump fa.. each lot prio.. to the issuance of
building Cel'tificate of Occupancy.
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IN WTTNESS WHEREOF, the parties have executed this Agreement on
8 r lA.. day of A--. "J II. ,T , 1 9...:!.J
PAUL w. GRIMES AND CAROL M GRIMES. TRUSTEES OF THE GRIMES FAMILY
TRUST, DATED MARCH 10, 1989,
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PAUL W. GRIMES
Trustee
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OL M. GRIMES
Trustee
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[SIGNATURES MUST BE NOTARIZED]
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ACKNOWLFDGED
CITY OF Y
BY
DATE
5~ i li-'17
Director of ~~eriA!l
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Cit}\ 'A rney
DATE
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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personally appeare:"JAU ( ~v, Gr\'mes t.nJ Q;:;rom,,:(.{;;~;;ot'~P"bI"1
Name{s) of Signerls)
~rsonallY known to me - OR - [}j3roveG-to m" nn th" h~<i< nf <~ti<f~dnfY-9vidence-te-be,the-p~sr--
whose name(s) is/~'j>ubscribed to the within instrument '1. "
and acknowledgeinO me that he/she/@xecuted the
same in his/her/~uthorized capacity(ies), and that by
his/her~ignature(s) on the instrument the person(s), : :
or the entity upon behalf of which the person(s) acted,
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executed the instrument. I
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State of
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County of
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~'" CONCHA JAUREGUI
.... '-'" COMM.11015958 -
~ : .'.. '~NOTARY PU811C.CAlIFOR~IA ~
::< "... -j SAN OIfGO COUN1Y N
-, MY COMMISSION fXPIR,S i
''',,'' APRIL 29. 1998
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OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying
fraudulent removal and reattachment of this form to another d
ent and could prevent
Signer(s) Other Than Named Above: Ct1
Capacity(ies) Claimed by Signer(s)
Signer's Name: P4 t!/ w , bf,'m-C-5>
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Signer's Name:
o Individual
o Corporate Officer
1ille(s):
o Partner - 0 Limited 0 General
~ltOrneY-in-Fact
Trustee
uardian or Conservator
o Other:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
~ltOrneY-in-Fact
Trustee
uardian or Conservator
o Other: I Top of thumb here
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Signer Is Representing: Signer Is Representing:
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C 1995 National Notary Association. 11236 Remmel Ave., P.O. Box 7184 . Canoga Parle:, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827