Covenant of Improvement Requirements 1984-392327
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y,' rhis document i. certifl&d to be 0 true and colTeCt
copy of the original documeof recorded /~,:tl:.!i.(l
When recorded, please mail to: as inslnJ:-~H?'lt Noglj3q~_1in th.? of!:':;J of the
;1ecorchr of SO!1 Di~~v:> Co~nty.
James L. McAfee COMMONWEALTH LA~m TITLE & INSURANCE CO.
14526 Garden Road o SAN DIEG
Poway, CA 92064
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Attn: James L. McAfee
COVENANT OF IMPROVEMENT REQUIREMENTS
T.P.M. 82-01
WHEREAS James L, McAfee and Mary S. McAfee, Husband and Wife
as Joint Tenants are owners of th~following described property:
Parcel No. 8 of R.O.S. 3888 filed in the office of the Recorder
of San Diego County, California on March 28, 1956.
and
WHEREAS, the owners seek a change affecting said property to
wit: to divide said property having filed Tentative Parcel Map
No, 82-01 which was approved by the City Council, City of poway on
March 23, 1982, which change will cause additional burdens on the
City of poway; 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 owners of improvements is a reason-
able condition to the granting of authority for said change by the
City of Poway; and
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WHEREAS, in lieu of the immediate installation and dedication
of said improvements, it is the desire and intention of the owners
to impos'e upon the property described above these covenants for
future improvements:
NOW THEREFORE:
The owners hereby declare that all the property described
above is held and shall be held, conveyed, hypothecated or en-
cumbered, 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, ti tl e,
or interest in the described lands or any part thereof.
The following improvements, as required by the Final Notice of
Approval, must be completed prior to the issuance of a permit or
other grant of approval for the development of a parcel created by
this map:
SECTION 2
1- That the mature trees within the alignment of the private road
shall be evaluated in terms of age and durability; and that
those trees deemed reasonably saveable shall be relocated to
the proposed parcels, placed beyond the limits of the bu{lding
envelopes and driveway locations subject to the approval of the
Director of Planning Services.
2. Prior to the issuance of a buildingp'ermit on any lot, the
developer shall pay the bridge and major thoroughfare construction
fee at the established rate in effect at the time of the issuance.
5. A fire hydrant together with an adequate water supply shall be
provided in accordance with the spe~ifications of the poway
Depar,tment of Public Services and City Standards in the vicinity
of the common boundary of Parcels 2 and 3 and the private ease-
ment r.oad.
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6. prlvateroads shall have. a minimum of 25 feet of pavement
and. 28 feet of easement and shall b'e approved by the Director
of Public Services.
7. The hammerhead turnaround shall be improved in accordance
with City Standards in conjunction with the private road
improvements and alignment of the hammerhead of TPM 17006.
12. Water, fire protection and sewer facilities shall be designed
and constructed to meet the requirements of the City of poway
and the Health Department of the County of San Diego and shall
be installed prior to the issuance of a building permit on
any of the parcels.
13. A turnaround dri~eway on Parcel 4 must be provided as part
of the building plans submitted for Minor Development Review.
17. A minimum 20-foot by 20-foot Portland Concrete Cement pad
for parking shall be provided on all parcels.
18. No parking shall be allowed on the private road easement.
19. School mitigation fees, or equivalent, will be imposed at the
time of issuance o.f building permits:, or close of escrow if' the
property is sold, or in 6 months, whlchever is sooner. Fee
will be paid at the then current rate.
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 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 IM-
PROVED MAY BE ISSUED BEFORE THE COMPLETION OF THE ABOVE IMPROVEMENTS.
THE FOLLOWING IMPROVEMENTS, AS REQUIRED BY THE FINAL NOTICE OF
APPROVAL, MUST BE COMPLETED WITHIN 2,4 MONTHS FROM THE DATE OF RE-
CORDING THE PARCEL MAP OR PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER
GRANT OF APPROVAL FOR THE DEVELOPMENT OF A PARCEL CREATED BY THIS
MAP, WHICHEVER OCCURS FIRST:
SECTION 2
8. Garden Road shall be improved to a one-half graded width of
51 feet with concrete curb and gutter, sidewalk and face of
curb shall be 32 feet from centerline:
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C'. LANDSCA~ING
4 . Street. trees, a minimum of 15 gallon size or larger, shall be
,ins'talled in accordance with the Master Plan of Street trees
for the City of poway and shall be planted at an average of
every 20 feet on Garden Road.
THIS IMPROVE~lliNT TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED
IMPROVEMENTS PLANS 'TITLED GARDEN ROAD STREET IMPROVEMENTS APPROVED
SEPTEMBER 23, 1982, PER TENTATIVE PARCEL MAP NO. 82-01 ON FILE IN
THE OFFICE OF THE DIRECTOR OF PUBLIC SERVICES.
SECTION 2
4. The Master Plan of Drainage shall be paid at the established
rate in accordance with the Drainage Ordinance in effect at the
time of the approval of the final map.
Park fees shall be paid prior to building permit issuance at
the rate in effect at the time of permit issuance.
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Improvements secured in accordance with the City of poway
Subdivision of Land Ordinance No. 80 shall be complete in accordance
with the provisions of the executed surety and agreement approved
by the City Council on ~/<6 , 192i-. The improvements
are to completed within 24 months from the date of recording the
parcel map, or prior to the issuance of a permit or other grant
of approval for the development' of a parcel created by this map,
whichever occurs first.
All of the above improvements' shall be made in accordance
with all pertinent ordinances. Prior to the issuing of a 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
instrument this ~ day of 4u:J' , 19~
~ x..thr'~
~ames L. McAfee
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ACKNOWLEDGED
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\' ST. ATE OF CAI;IFORN IA }
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COUNTY OF
On before me, the under!'!igned. a Notary Public in and for sl1id
St.ate. personally <1ppeared
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. knO\""n to me
to be the person whose name subscribed I
to the within ins~l1ment and aeknowledged.that i
executed the same. I
WITNESS my hand and official !>eat.
Signature
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)~..\.). State of 81fc,( ~il1} On this the ,~~ay o. f >1v ~ t/lr 19 ~efore me, !~
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'ij theundersigned Notary PUb~iC' ers04r~ared :\,H
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SJ r ~ OFFI~E~ 0 personally known to me :~
~i :, gbi:;ef~~ MARTHA E NIELSEN', ~, proved to me on the basis of satisfactory evidence, ?i
q :' ':\':;-,;:,~,,:,<, "orARY DUBUC, CAUFORNIA " 4be the person(s) whose name(s) ~ € subscribed to the f~
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l J '~~~ My romm. e~pires;OCT 18. 1~33. WIt In Instrument, and aCk.n~wledged that ~ executed,lt. ~.~:
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.~, 540 laurel Street, San Diego. CA 92110 ?... ;;.
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GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION. 23012 Ventura BI~d,. Woodland Hills. CA 91364
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