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Covenant of Improvement Requirements 1985-255897 RECORDING REaUES~"!ijY: ) i~255897 t _ CoMMONWEP.tTH lARD l1Tl INsU C . ) l'''':-- 576 CITY OF POI'IAY ') I -'--'" "- ) I ;:':=LC.:~DED iN C:FF!Ci:,L f'';[(;(lf'i\"JS c ) 1("" r.::. N '-It':''O C'-)iJ~' ~ 1 "', WHEN RECORDED MAIL TO: vr J!"" . ~..t I; _-,~.< I .. I.., '" ) CITY CLERK ) IS85 JUL I 8 Afl S 36 CITY OF POWAY ) ) ~Vr::F.t. 1.,.1-"'1. E. I P. O. BOX 789 ) COUN 1 Y HECCiHlll;.J POWAY, CA 92064 (This space Recorder' e) 7':X!'X)5 - ) TPM 81-02 AR TLR COVENANT OF IMPROVEMENT REQUIREMENTS MG WHEREAS Ruth E. Craig, also known as Ruth Ellen Rinker, is owner of the following described property: A portion of the Northwest Quarter and a portion of the Southwest Quarter of Section 6, Township 14 South, Range 1 West, San Bernardino Meridian in the County of San Diego, State of California and as more particularly described in Document No, 71-240997 recorded October 19, 1971 and Document No, 73-230723 recorded August 17, 1973 in the Office of the Recorder of said County. and loVHE REA S , the owners seek approval for a division of land of said property having filed Tentative Parcel Map No. 81-02 which was approved by the City Council, City of Poway, on February 22, 1983, which division of land will cause additional burdens on the City of poway; and WHEREAS, the City of poway is empowered to prevent said division of land, er to deny or withhold its consent to the proposed division of landr 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 owners of improvements is a reasonable condition to the granting of approval of said division of land by the City of poway; and WHEREAS, access to the above described real property is by means of an off site private road easement; and WHEREAS, at least a part of the required improvements will be to improve said off site private road easement to City standards; and WHEREAS, it has not been conclusively and authoritatively determined that the owner has the legal right to increase the burden upon the servient tenement(s) sufficient to satisfy the needs of the proposed subdivided lots; and .' , ; ': :- , 577 ; WHEREAS, ~n lieu of the immediate installation and dedication of said improvements, it is the desire and intention of the owners to impose upon the real property described above the covenants set forth hereinafter; NOW, THEREFORE, The owners hereby agree and declare that all the real property described above is held and shall be 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 upon all parties having or acquiring any right, title, or interest in the described real property or any part thereof. PART I The following improvements, as required by the Final Notice of Approval, shall be completed prior to the issuance of a building permit or other grant of approval for the develop- ment of a parcel created by this map: Section 2 : l. The private road shall be improved with asphalt pavement, 24 feet wide, to City rural street standards from Espola Road westerly inside the boundary of Parcell. The road shall be improved with 4 inch high asphalt curbs. 2 . A paved cul--de-sac or hammerhead shall be constructed to the satisfaction of the City Engineer. This improvement to be constructed in accordance with approved sketch on file with City of Poway Public Services Department approved February 22, 1983, per Tentative Parcel Map No, 81--02 on file in the Office of the Director of Public Services. 6 . Prior to the issuance of building permits on Parcels 2 or 3, the developer shall pay the appropriate traffic and traffic signal fees. 7. Any fees required by the General Plan, in effect at the time of building permit issuance, shall be paid by the developer. Section 3 : I - B, PARKING AND VEHICULAR ACCESS l. Emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. -2-- . ..~ ;- . . 578 I - C. LANDSCAPING l. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. 2 . Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of Existing On-Site Trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. PART II - G. SITE DEVELOPMENT 2. Prior to is'suance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply for fire protection is available. Where additional fire protec- tion is required by the Director of Safety Services, it shall be serviceable prior to the time of construction. 3. Prior to the issuance of a building permit for a new residential dwelling unit(s) , the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Park Fee, Drainage Fee, Permit and Plan Checking Fees, School Fees (in accordance with city-adopted policy and/or ordinances) , Water and Sewer Service Fees. PART III - L. UTILITIES 3. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 4 . Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Standard plan check and inspection fees shall be paid by the developer. S . 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 Public Services. 6 . Developer shall construct a light system conforming to City of poway Standards at no cost to the public, subject to the following: --3- '. ''"' ,- . . 579 ; a. Cut-off luminaries shall be installed which will prove 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, high pressure sodium vapor light source. c. Advance energy charge shall be paid by the developer. d. No mercury vapor, quartz, metal halide or diffuse coated high pressure sodium lamps shall be installed. 9. Cable Television services shall be provided and installed underground. Developer shall notify the Cable company when trenching for utilities is to be accomplished, Plans, when required, shall be prepared by a Registered Civil Engineer for the developer and approved by the Director of Public Services. All of the above improvements shall be made In accordance with all pertinent ordinances. Prior to the issuing of a building permit or other grant of approval, a grading permit, a construction permit, and/or a permit to install utilities within the private easement to be improved may be issued before the completion of the above improvements. IN WITNESS WHEREOF, the undersigned has executed this y instrument this tJ~/ ,t day of 11/;:;/ , 19 iT . ~l p' ( '7 d " fl,:"bt) , ' j: Cf;-tUf /[.,..t- / l' ~ ACKNOWLEDGED R th E. Craig: also known as Ruth Ellen Rinker aw~- . Director of Public Services -4- .. ..-..". . . ' , , 580 " (Individual) .' STATE OF CALIFORNIA lss. , COUNTY OF San Diego On April 6, 1984 before me, Michele M. Taylor a Notary Puhlic in and lor said State. personally appeared *** Ruth E. Craig *** " . (known to mel '\ (or proved to me on the basis of satisfactory evidence) to he the person_ whose name~subscribed to the , within instrument and acknowledged that she executed the same. ~~ ~~ WITNESS my hand and official seal. ~;. , MICHELE M. TAYLOR Signature /l:l<~ /Y} ?C' (f>'l . _$ .. NOTARY PUBLIC, CAlIfORNIA PRINCIPAl OFFICE IN -,. . . ' SAN OlEGO COUNTY , , My Commission Exp. Sept &, 1985 ; Form 321J (CA 12-82) (Thu IIrea for official lIotllrial&eaI) --5- .