Covenant Regarding Real Property 1988-228163
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2252
REOJRDINJ REQUEST BY:
CITY OF POWAY
1988 MAY 16 A/490S
MAY '
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WHEN REOJRDED MAIL 'ill:
CITY CLERK
CITY OF POWAY
P.O. rox 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
ClJI7ENANl' REX;ARDIN:; RFAL PROPERTY
The Annand David O:mpany a California Corporation ("0iINER" hereinafter) is
the owner of real property-described in Exhibit A which is attached hereto and
made a part hereof ("PROPERTY" hereinafter). In ronsideration of the approval
of DevelO]:llent Review 87-21 by the City of PcMay ("CITY" hereinafter). 0iINER
hereby rovenants and agrees for the benefit of the CITY. to abide by ronditions
of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benef i t of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
0iINER agrees that OiINER' s duties and obligations under this Covenant are a
lien upon the Property. Upon notice and opportunity to respond, the CITY may
add to the tax bill of 0iINER any past due financial obligation CMing to CITY BY
way of this Covenant.
If either party is required to incur rosts to, enforce the proV1swns of this
Covenant, the prevailing party shall be enti tled to full reimbursement of all
costs, including reasonable attorneys' fees, from the other party. 'lhe CITY may
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against 0iINER.
Dated: 5/10 If!
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Dated: $-/o-,Ft?
CITY OF POWAY
By l?oJu,--, ~)~ff
(No need to Notar' e)
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~ 2253
,~ULE A PAGE NO. 2
O~u~~O. 115253-01
LEGAL DESCRIPTION
PARCEL A:
THE WEST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUA'RTER - OF SECTION '13, TOWNSHIP 14 SOUTH, 'RANGE 2 \oIEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 02'51'20'
EAST 337.77 FEET; THEN.c,E SOUTH 88' 51' 30" EAST 328.00 FEET TO THE TRUE POINT
OF BEGINNING, SAID POINT BE:fNG IN, THE CENTER LINE OF THAT CERTAIN 60.00
FOOT STRIP OF LAND SHOWN ON THE RECORD OF SURVEY MAP NO. 3485, AS
"EASE~ENTS RESERVED FOR ROAD"; THENCE ALONG SAID CENTER LINE, SOUTH
88'51'30 'iAST 319.70 FEET; T~ENCE SOUTH 01'08'30" WEST 336.16 FEET TO THE
SOUTH LINE OF SAID NORTHEAST 'QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG
SAID SOUTH LINE ,NORTH 88'59"10" WEST 329.78 FEE'T TO A POINT ON A LINE THAT
BEARS SOUTH 02'51'20" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
02'51'20" EAST ALONG SAID LINE, 337.05 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
EASEMENT PARCELS 1 TO 3, INCLUSIVE, AS GRANTED TO CLEM G. BERRILL, ET UX,
BY DEED RECORDED JANUARY 12, 1955 IN BOOK 5493, PAGE 470 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED ON RECORD OF SURVEY NO. 3485 AS
'EASEMENTS RESERVED FOR ROAD".
EXHIBIT A
the undersigned No.tary P,ubl ie, perso.nally appeared
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:*eXecuted it. *
~~' * WITNESS my hand and o.ffi ci al seal. *
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'~ flARTNERSHIP ~CKNOWLEpGMENT
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:'t'GEt'lER'AL 'ACKNOWLEDGMENT
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On this the _ day of
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the, undersigned Notary Pub] ie, personally appeared
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on:behalf of the partnersh,,;p, and acknowledged to me that *
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WITNESS my hand and official seal.' *
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Notary's Signature
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On this the \0,1--\- day of l'Y\"""1 19 ~g , befo.re me, *
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th~ undersigned Notary~ublie, perso.nally appeared *
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CORPORATE ACKNOWLEDGMENT
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be, the per;,son(s) w~o E!xecuted the within instrument as
ff:E€, VlC(;; ?IZ-FStl)E)JI or on behalf of the corporation
therein named ,and a'cknowledged to me that the corporati on*
exec'uted it. *
WITNESS my hand and offic'ial seal,.
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. 2255
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RESOLUTION NO. P- 88.,.43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 87-21
ASSESSOR'S PARCEL NUMBER 317-122-30
WHEREAS, Development Review 87-21, submitted by Armand David
tompany, applicant, requests to construct a 23-unit apartment
c:pmplex on 1.16 acres on property located at 13635 Cynthia Lane, in
the ~A (Residential Apartment) zone; and
W~EREAS, on April 5, 1988, the City Council held a hearing on
the above referec:ed item.
NOW, THEREFORE, the City Council does hereby r,esolve as
follows:
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Section 1: Environmental Findinqs:
The City Council finds that this project will not have signifi-
cant adverse impact on the environment and hereby issues a
Negative Declaration.
Section 2: Findinqs:
1. That the proposed development is in con'formance
poway General Plan, in that the proposed use is
tial apartment.
with the
residen-
2. That the proposed development will not have an adverse
aesthetic, heal,th, safety, or archi'tecturally related
impact upon adjoining properties, because rooflines,
materials, and building locations will be varied, and the
colors, architectural styles, and building materials are
compatible with nearby developments.
3. That the proposed development is in compliance with the
Zoning Ordinance, in that all prop-erty development stan-
dards for the RA zone have been met, including but not'
limited to, building height" minimum setbacks, maximum lot
coverage, parking standards, recreational facilities, and
landscaping.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the C1'ty, because it, is simi lar to and complements other
residential development in the vicinity.
"EXHIBIT B"
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Resolution No. p-88-43
page 2
Section 3:
City Council Decision:
The city Council hereby approves Development Review 87-21 sub-
ject to the following conditions:
Within 30 days of approval, the applicant shall submit in
writing that all conditions of approval have been read and
understood and the property owner shall execute a Notice of
Restriction on Real Property.
Water
Should there be a requirement by the City'S Fire Marshal to
install on-site fire hydrant(s), a new water main shall be
installed from cynthia Lane that extends southerly to an
existing line south of the project site.
,
The size of the new main shall be established from a water
system analysis to be prepared by an engineering firm
designated by the City. Cost of preparation of said analysis
shall be paid for by the applicant upon demand by the City.
Drainage
A detailed hydraulic/hydrology analysis to determine the runoff
to be produced by the development and its effect on existing
drainage devices shall be submitted to the city. Should the
amount of runoff produced by the de'velopment result in an
amount that exceeds the capacity of existing drainage devices,
construction of additional drainage devices and/or modification
to existing drainage devices is necessary to mitigate the ef-
fect. Such devices shall be per City Engineer's approval.
Miscellaneous
I, The applicant shall pay to the City approximately $3,000/
residential unit for the development's share towards the
construction of the ultimate drainage system in the area.
It shall be paid at the date of final inspection or the
date of issuance of the Certi,f,icate of Occupancy,
whichever occurs later, but a security must be posted
prio~ to issuance of a building permit.
2. Street lights conforming to ~ity of poway standards shall
be installed in cynthia Lane, the locations of which shall
be determined from a plot plan to be submitted by the
"EXHIBIT B"
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2257
Resolution No. P-88-43
Page 3
applicant's engineer showing the locations of existing
street ,lights in cynthia Lane within a 5DO foot radius
from the exterior boundary of the development.
Submittal of said plot plan shall be made concurrent with
the first submittal of the street improvement plan.
3. All public utility lines (water, sewer, and drainage) to
be installed as required for this development, shall have
easements dedicated to the City. ,All easements, shall have
a minimum ~idth of 20 feet and the dedication thereof
shall be recorded prior to building permit issuance.
4.
The northerly 30 feet of the development's property shall
be irrevocably offered for dedication to the city for
cynthia Laneri'gh:t-"of-way. The document for said irrevo-
cable offer of dedication shall be executed and ready for
recordation prior to building permit issuance.
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APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the Planning Serv4ces Department and the con-
ditions contained herein.
2. Revised Slte plans and building elevations incorporating all
conditions of approval shall be sdbmitted to the Planning
Services Department prior to issuance of building permits.
3. Approval of this r,equest shall not waive compliance with all
sections of the Zoning Development Code and all otherappli-
cable City Ordinances in effect at the time of building permit
issuance.
4. Trash receptacle sh'all be enclosed by a six foot high masonry
wall with v'iew~obstru'cting gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
Department.
5. All roof appurtenances, including air conditioners. shall be
architectdraily integrated, shielded from view and sound buf-
fered from adjacent properti'es and streets as required by the
Planning Services Department.
"EXI-IIB IT B"
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Resolution No. P-88-43
Page 4
6. ,Prior to any use of the project site or business activ~ty being
commenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction b~ the Director of
Planning Services.
7. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electri6 Code, Uniform Fire Code, and all other appli-
cable codes and ordinances in effect at the time of building
permit issuance.
8. Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass alL required
tests and be connected to the public water and sewer systems.
In addition" the first lift of asphalt:. paving shall be in place
to provide adequate'" permanent access for emergency vehicles.
The final lift of a~phalt shall not be installed until all
other constructiol1 activity has been substantially completed to
the satisfaction of the City.
9. For a new resident-ial dweTling uni t( s), the applicant shall pay,
development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking Fees,
School Fees (in accordance with City-adopted policy and/or
ordinance), Water and Sewer Service Fees. These fees shall be
paid prior to building permit issuance and/or grading permit
issuance except fees that are due at final inspection (building)
or issuance of a Certificate of Occupancy, whichever occurs
later. Fees that are due to be paid at final buildin~ inspec-
tion or issuance of Certificate of Occupancy must be security
(with security deposit) prior to building permit issuance.
10. This approval shall become, null and void if building permits
are not issued for this project within one year from the date
of project approval.
11. Buildingidentif ication and/or addresses shall be placed on all
new and ,existing buildings so as to be plainLy visible ~rom the
street or access road; color of identification and/or addresses
shall contrast with their background color.
12. Address shall be marked plainly on the roof of one building
to the satisfaction of the Director of Safety Services.
13. A new on-site fire hydrant is required. Location to be deter-
mined by the City Fire Marshal.
14. Approved "No Parking - Fire Lane" signs arid curb and street
markings required as specified by the Department of Safety
Services.
"EXHJBIT B"
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Resolution No. P-88-43
Page 5
15. Fire Department apparatus turn around required at south end of
driveway into project.
B. PARKING AND VEHICULAR ACCESS
1. Parking lot landscaping shall include of a minimum of one
fifteen (15) gallon size tree for every three (3) parking spaces.
For parking lot islands, a minimum 12 inch wide walk adjacent
to parking stalls shall be provided and ,be sepa,rated from
vehicul'ar areas bya 6 inch high, 6 inch wide portland concrete
cement curbing.
2. Parki'n'g lot lights shall be low pressure sodium and have a
maximum height of eighteen (18) feet from the finished grade of
the parking surface and be directed away from all property
lines~ adjacent ~treets and residences.
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3. All two-way traffic ,ai'sles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of '24 feet wide at all times during construc-
tion in accordance with Safety Services Department require-
ments.
4. All parking spaces shall be double striped.
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services bepartment and Planning
Services Department prior to the issuance of building permits.
2. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accoidan'ce with the City of poway Ordinance and
shall be planted at an average of every 30 feet on interior
streets and 20 feet on exterior streets.
'3. A minimum of 50 trees per gross acre, comprised of the
following sizes, shall be provided within the development; 20%
- 24" box or larger, 70% - 15 gal~on, and 10% - 5 gallon to the
satisfaction of the Director of Planning Services and in accor-
dance with the approved landscape plan in all multifamily and
PRO projects.
4. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
"EXHIBIT B"
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Resolution No. p-88-43
page 6
D. SIGNS
1. Any signs proposed for this development shall be designed and
approved in conformance ~ith the sign ordinante.
E. RECREATION - NONE
F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED - NONE
~PPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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H. GRADING
1. Grading of the subject property shall be in accordance wi.th 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 engineei 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 prepar~d by a quali~ied engineer
licensed by the state of california to perform such work at
first submittal of a 1rading 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.
5. The final grading plan shall be subject to review and approval
by the Planning Services and public services Department and
shall be completed prior to issuance of building permit.
I. STREETS AND SIDEWALKS
1. SidewalkS 4.5 feet in width shall be required on one side of
cynthia Lane (south sidel.
2. Street improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by
the Director of public Services. plan check and inspection
exp~nses shall be paid by the developer.
3. All exterior street improvements shall be completed prior to
issuance of a Certificate of Occupancy to the satisfaction of
the Director of public Services.
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"EXI-IIBIT B"
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Resolution No. P- 88-43
Page 7
4. Street improvements that include, but are not limited to:
X a. Sidewalks e. Cross gutter
X b. Driveways f. Alley gutter
c. Wheel chair ramps g. Street paving
d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the ,Director of Public Services.
5. All damaged off-site public works facilities, in~luding parkway
trees, shall be repaired or replaced prior to exoneration of
bonds and improvements, to the satisfaction of the 'Depattmen't
of Public Services.
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6. Prior to any work being performed in ~he public right-of-way,
an encroachment permit'shall be obtained from the Public
Services office and appropriate fees paid, in addition to any
other permits required.
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7. 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 must be posted prior to issuance of a building
permi t.
J. DRAINAGE AND FLOOD CONTROL
A drainage system capable of handling and disposing of all sur-
face 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 Public
Ser~ices to pro~erlt handle the drainage.
,K. UTILITIES
1. All proposed' utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways ,less than 34.5 KV.
2. Utility easements shall 'be provided to the specification of the
serving utility companies and the Director of Public Services.
3. The developer shall be responsible for the relocation and
undergrounding of existing public utilit'{es, as required.
"EXHIBIT B"
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Resolution No. P- 88-43
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4.
Water, sewer, and fire protection systems plarts shall be
designed and constructed to meet requirements of the City of
poway and the Health Department of the County of San Diego.
5.
Prior to acceptance of property for sewer service, annexation
to the sewer improvement area shall occur.
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 an~-
lysis and shall be paid upon demand by the City.
7. The applicant shall, within 30 days after receiving approval of
the development review, apply for a Letter of Availability
(LOA) to reserve sewerage availability and post with the City,
a nonrefundable reservation fee equal to 20% of the appropriate
sewerage connection fee in effect at the time the LOA is
issued.
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8. Developer shall construct a light system conrorming to City of
poway Standards at no c6st to the public, subject to the
following:
a. Cut-off luminaries shall be installed which will provide
true 90 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 District engineering charges
shall be paid by the developer.
d. Annexation to the lighting district shall be accomplished
and evidence of anne~ation shall be accomplished at the
t'ime, of f,inal inspection or Certif icateof Occupancy,
whichever occurs first.
9. Cable television services shall be provided and installed
underground. The developer shall notify the Cable company when
trenching for utilities is to be accomplished.
L. GENERAL REQUIREMENTS AND APPROVALS
1. The tentative map approval shall expire on April 5, 1990 unless
an application for time extension is received 90 days prior to
expiration in accordance with the City's Subdivision Ordinance.
"EXHIBIT B"
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Resol ution No. p- 88-43
Page 9
APPROVED and ADOPTED by the City Council of the City of poway,
State of California, this 5th day of April 1988.
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c. E'mery, May /'.-'
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ATTEST:
)n &-.:(k~, i! :JV{V~--b::
Marjorie\K. Wahlsten, City Clerk
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
1
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-88-43 , was duly adopted by the City C~uncil at
a meeting of said City Council held on the Sth day of Apnl
1988, and that it was so adopted by the following vote:
AYES: BRANNON, HIffiINSCN, KRUSE, TARZY
NOES: EMERY
ABSTAIN: NCNE
ABSENT: NalE
1I1~, k' 5)V6--t\Y tc
Marjorie K. Wahlsten, City Clerk
City of poway
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R/R-4-5.30-38
"EXHIBIT B"