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Covenant of Improvement Requirements 1991-0119803 ~- . - .~~. . DO_": 1991:-0119803 /~ 'j',-liecORD I NG REQUESTED BY: ) ~ ~ . '. . ) 2343 19-MAR-1991 08=17 AM '. ,. CITY OF pOWAY ) ) SAN OIEGO ,COUHTY RECORDER'S OFFICE AND WHEN RECORDED MAIL lO: ) AHHETTE EVAHS, COUHTY RECORDER . ) RF: ' 7.00 FEES: 13.00 CITY CLERK ) AF: 5.00 CIn OF pOWAY ) MF: 1.00 p.d. BOX 789 ) pOWAY, CA 92064 ) ) No transfer tax due ) (this space for Recorder's Use) Project: BA 83-04 PI[ ~f COVENANT OF IMPROVEMENT REQUIREMENTS ., WHEREAS, James M. Davis and Raymond L. Wolski, are owners of the following described property: Parcell, Par.cel 2, Parcel 3, Parcel 4 of Parcel Map 10528 r.ecorded October 2, 1980 as Fil e/Page No. 80-324033 in the oHi ce of the Recorder of San Diego Couilty, California being a re-division of Parcel 2 of Parcel Map 3503 as described in,Document'No. 75-Q35534 recorded February 14, 1975 in said recorder' s, office; and WHEREAS, certainco.venants concerning public and private street and utflity improvements were executed and recorded in conjunction with said parcel maps as File/Page No. 78-484396 recorded November 8, 1978 and as File/Page No. 80-307069 recorded September 22, 1980; and WHEREAS, the owners seek to adjust the boundaries of said parcels having filed Boundary Adjustment Plat B/A 83-04 which was conditionally approved by the Director of Public Services of the City of Poway on November 30, 1983 which change will cause additional burdens on the City of poway; and , , WHEREAS, the CHy of Paway is, emPOwered to prevent, deny or withhold its consent to the proposed change, as the case may b,e, until the owners provide. such pub 1 i c and pri vate street and ut il ityimprovementsas will all evi ate such burdens; and/or untfl the owners enter into a covenant of improvements with the City of poway; and WHEREAS, the installation by owners of such improvements is a reasonable cond~tion to the approval of said change by the City of Poway; and WHEREAS, access to the above described real property is by means of a pri- vate road easement; and WHEREAS, at least a part of the required impr.ovements will be to improve ~aid private road easement to City standards and to install 'City standard uti- lity impro~ements; and . -[ r', " ',"" WHEREAS, n has notMn conclusJve,ly and authOr.itat*Ydetermined that r ;'" 'tlie ownerb) has the le right to increa'se the burden ' the servient tene- , ments suffi dent to sa t isfy the needs of the proposed adj usted lots; and ,'E J 11 WHEREAS,inl ieu of the illll1ediate ,installation and dedicatJon of said impro- vements,i fi s tne des ire and intentton of the owhe'r(s) to impose upon the rea 1 property described above the covenants set forth hereinafter; NOW, THEREFORE, A. The parties hereto agree that the covenants filed as Fll e/Page No. 78-484396 and as File/:page No. 80-307069 are hereby superseded bY this covenant. B. The owner(s) hereby agree(s) and declare(s) that all the real property descri bed above is he 1 d and sha.l1 be hel d ,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 a.ll parties hay'ing or acquiiliig any rigt.t., tit1e, or interest in the described real property or any part thereof: I. The fo 11 owi ng improvements, as required by the Conditi ana 1 Not ice of Approval and as requir'ed by this Covenant shall be completed prior to the i ssu,ance of a permit or other grant of approval for the deve- lopment of a parcel created by this boundary adjustment: 1- The private easement roads from Parcel 0 to the so~theasterly corner of Parcel A and from the land di,vision to Budwin Lane shall be c,onstructed within the easements to the CHy's non-dedicated rural r.oil.d standards. An adequate turnaround as approved by theCi ty Fire Marsha 1 shall be impr:oved at the north end of thiseaseinent road, All th is wo rk shall be done in accordance with ImprO'verrient Plan Number 801- 04-236 . 2. Prior to the issuance of a buildi ngpermit on any of the adjusted pa'r'cels, a City standard 10" diameter water main shall be 'instal.led in Indian Peal< Trail, ft9111 Budwin Lane to the east line of the subject properties and a 6" diameter water main from its terminus to Parcel D. A City standard fi re hydrant shall be installed at a location approved by the City Fire Marshal. The water maj n shall be constructed i,n actordance wi th the improve- ment plan therefor bearing the City of Poway Plan Number 801- 04-236 , a, copy of whi ch is on fil e in the offi ce of the City Eng,ineer, The original of this plan shall be amended and updated as required prior to water main construction to meet current standards at that time, and, submitted by the developer's engineer for City approval and signature along with all appl i- cable securities and fees. 3. Prtor to the issuance of butld,ing penni,ts, the building plans of each residence shall be reviewed and approved by the City Fi re Marshal on a parcel-bY-parCe:l 'b(isiS for fire equipment access or mitigation measures. -2- " '- J~_"> ":, ':1' '0'. . concurre.with the develoP!l1erit, each par. shall be improved 4. 2J-IS with a subsurface sewage disposal system in accordance with County Health Department and Cay of poway regulat'ion's. Should a public sewer niain become available within 200, feet of any por- tion of a parcel, a septic system will not be allowed., The lots may then only be developed when sewer capaCity becomes available, Plans, when required, shall be prepared by a register.ed civU engineer for the 'developer and approved by the City Engineer. The above improvements' shall be made' in accordance ,with all pertinent ordinances. Prior to the issuing of a, permit or other grant of approva'l,a grading permit, a construction permit, and/or a, permit to iristall. utlliffes within the private or publ ic easement to be improved may be issued before the completion of the above improve- ments. II. No protest shall be made by thepwners to any proceedings for the installatiofi'Oi"acquisition of street or 'drainage improvements under any special' ass'essment proceedings, whether 'conduclea pursuant to the Improvemen~t ,a,ct of 1911 or the Municipal Irnprovement Act of 1913 or any other applicable state or loca,]' law, and whether processed by the County of San Diego, City of poway or any other governmental, entity having jurisdiction in the matter and, for the purposes of determining property owners support for same. I II. In seeking approval of this boundary adjustment, the owner(s) repre- sented possess'(es) a legal ri9ht to increas,e the burden upon the servient tenemenfof the offstte privatero,!d easementsuffi.cient to satisfy the needs of the parcels resultin9 therefrom. The ,City of poway does not warrant the truthfulriess of such representation and hereby further deClares to all parties having or acquiring any right, title, or interest in the real proper.ty described above that such representation ,has not been concfuslveiyand authoritative,ly determined. Nevertheless, the City of Poway permits the owner(s) to adjust the boundaries of this land and peF'!ilits other parties to have or acquire a right, title or interestiri the adjusted parcels in consideration for which the owner(s) 'and all parties having or acquiring any right, title or interest hereby: .1. _ ReJe,(lse the. City ofPQ\o!(ly, from ~ll liab,il1.ty_arj sing, o_ut, of the -- City's app r'oV,a I of this boundarY"a~jl!s~ment for any and all clajmsasserting damagessus,tained by the owner(s) or any party having or acquiring: any rJght,title or 'interest as a result of the access over the offs,il.e pri,vate road easement being prohi- bited, restricted, 1 imi ted or otherwise impaired in any manner whatsoever; and 2. Agree, to indemnify and save harmless the City, of Poway from any damages which may ,result to persons or property for which the Ci ty of Poway has been held respon~i b,le ora~Jempted to be he 1 d responsible, together with the cost of defending any and all actions, as a result of approving this boundary adjustment with an access by means of an offsite 'rlia'd easement whfch has been or may be' prohibited, restricted, limited, or otherWise impaired in some manner. -3- , , <" ",,, ~ 2346 .,.',',.... I i a ,. " . IV. Th~e owner(s) ,C1 all pa r-ot 1 es(havl ng" or acqulrnl!f any rlght. title or lnterest ln the above descrlb'ed real prilpertyagree(s) to refer to and lncorporate by reference thls covenant of Improvement Requl rements 1 n all 1 nstruments oJ conveyance of all or any port 1 on of sald real prop,erty untll a release of all covenants contained, hereln has been properly executed and recorded. C. A partlal release shall be glven by the Clty of Poway upon satisfactory completlon of the 'lmprovements requlred lnParagraph I hereof. A release from all other covenants' contalned hereln may be glven. by the Clty ~f poway upon explratlon of the prescrlptlve perlod required to legally secure the lncreased use of the offslte private road easement, IN WITNESS WHEREOF. the underslgned have executed this lnstrument this t f( day of OJC:+oc.t (1)( I , 1990. ~ '- ~A4A P& 71r.J:1/U'f4 ACKNOWLEDGED: ames M, Davis ~ WM;(fi-<o~ ',QLL~ 1::LL~cL<<~ Mark S. Weston Phylli's R. Davi s , Director of Englneerlng Servlces! V ~ City,,,,,,,, ~. . j,e .. . .' ~~ {J. ?J '= a on L. Wolski ~~~ 71/~ atricla J. Wo i I '- J: ~ , -4- 90-77 ; ~ ",. . . .~"'" S'" ..... .: ~:: .... , .2347 IIndividuall .<1 ST,UE OF CALIFORNIA - - COUN~F~,4 1t:~10 ISS. ' On /}? 1> R $ / 9'0 ~ ~. j' I before me, . ~C: '/N4 /J1.41l. J/U ' . . 1--- pel'8Onallyappea~-I;Tm,f.5 m h ;'od I.hf2;;;~P;,y~h'1>ttZ5"idS"'~ lor proved to me on the basis o(satis(actory evidence I to be the penon~ h ..i1:A... . (known tome' within instrument and acknowledged that --Ih b( W 08e name !lubscribed to the I. executed the same. ".~. WITNESS m official !leal. ..:.. p' ....................-....... :F ~ a:.-J OfFICIAL SEAL , Georgina Martinez I . l NOTARY PUBlIC,CAlIFORNIA _ PRINCIPAL OFFICE IN . , SAN OIEGO COUNTY My CommiSSIon Expsres Oct 21 1991 Form 3213tCA 12-82) ..................................... . (Thil.~./fJrofficUllllOl.Iri.llN.1/ , " r--" -- IIndividnall ~-ii: ST,UE OF CALIFORNIA L.., , I ~,--- '~ ~ ~~ ' . -"" ---. I . ' , . f . (known to mel I ' (or proved to me on the basis of satisfactory e~drnCf'1 to be the penon....4..- whose n8me~!Iub&Ctibed to the ... within instrument and acknowledged that '7J/e; / executed the same. ' . WITNESS my hand and nllbeL . OFFICIAL SEAL ~ KYLE EVERSON ~ NOTARYPUBUC-,CAUfORNIA Signature l 7tt:udPr~ SAN DIEGO COUNTY .1IIt:; My Comm bplre. Jail 2., 1992 ~,J I' Fo,m 3213(eA 12-,,) {TIoi..n. ,.",,0., ".~"'{ H./J I \ '