Covenant of Improvement Requirements 1985-255897
RECORDING REaUES~"!ijY: ) i~255897
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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)
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TPM 81-02 AR
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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
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;
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.
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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:
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; 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 .
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ACKNOWLEDGED R th E. Craig: also known as
Ruth Ellen Rinker
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Director of Public Services
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" (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)
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