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Covenant of Improvement Requirements 1991-0009602 _ ...._ ";'r.....-:.:;. '.' .> ell" (,;If ,P9'.:~~' etecorded R~ Of . "::"~. Ff))ELlT)' NATIONAL TI1'Lt! ) ) ) ) ) ) ) ) ) ) 5?0 .... DOC.: 1991-000.9602 08cJANc1991' 03:55 'PM SAN DiEGO COUNTY RECORDER'S OFFICE ANNEfTE EVANS,' COUNTY RECORDER RF: t..OO~ FEES: AF: 4.00 nF: 1. 00 11.00 . ; ! . RECORDING REQUESTED BY: r ' AND WHEN RECORDED MAIL TO; CITY CLERK CUY OF pOWAY 'p .0. BOX 789 BOWAY;, GA. "92064 Thi s space for Recorder' s use No Documentary Transfer Tax No Fee ~ tIP COVENANT OF IMPROVEMENT REQUIREMENTS WHEREAS, the Association, for Better Home Care, a California General Partnership, is the owner of the following described property: Lot 5 of City of poway Tract No. 84-10, in the City of Poway, County of SanDi ego ,State of California, according to Map thereof No. 11388, filed in the Office of the Coun,ty Recorder of San Diego County on December 9, 1985; and WHEREAS, the owner seeks to record a Parcel Map to divide sai,d property into two parcels pursuant to Tentative Parcel MapNo. 89-19, which was approved by the Gity Counci 1 of. the City of poway on May 29, 1990 per Reso 1 ut i on No. 1',-90-38; .and WHEREA~, the City of P,oway is empowered to wit~hold its consent to the Parcel, Map of said property.,unti,l the owner provides such improvements as wi 11 - alleviate any_ burdens or~ until the owner enters into ,a covenant of improvements with the City of Poway; and WHEREAS, the i nstallatTon of improvements by the owner is a reasonable con- dit ion to the granti ng of 'its consent for the Parce'l Map by the Ci ty of Poway; and WHEREAS, in Tieuof theimnediate installaUonofsaidimprovements, it is the desire.and inJent'ion of the owner to impose Cer,tain covenants', asset forth hereinafter, upon 'Parcell created by TentatiVe ParCel Map No. 89~19. NOW, THEREFORE, the owner hereby agrees and declares that Parcell cr'eated by sai d Tentati ve P,arcel Map No. 89-'15 is he 1 d, cOQv,eyed, hypothec!lted, encum- bered, leased" rented, used, occupi ed, andimprove,d subject to- the foJlQwi ng covenants, which shall run with the land and shalf be binding upon an parties having or acquiring any right, title, or interest in the described real pro- pertyor any part hereof: _1'0 J t . , .- '~ '- , - ", !';'; -. . 521 . 1. The, fo11 g'wi~g' ;111J:lroxerpent~" ~s r~!1u,i;[~dby Reso'lut,;'on No, P-9-D~38 0,1: the, Roway Gity Gounci 1, adopted May 29, i'9'90"Sha\ll be compl,ete'apri.or" to the.i,ssuance oJ a grading permit" oui 1 d,irigpefnii t, 6tofher' 9Fa'nt of appr,'oVa',1 .fot !the aeveTbpmeht 'of Parcel r 'created by sa.id Ten'tat,ive PaYee 1 Map No.89~19: A. FIRE PRoTECTION ,A new Ti re hydr;ant shallbei nsta11 ed at the north end of ,M!Jnte V! sta C6uGtas an extensfon ,of the ex i sti ng wate rmain to the sa fi'sfacHon of the City FirEdlarsha,1:l. ' B. STREETi",-,,'ROVEMENT-MoHTE VISTA COURT The portion of the' pri.vate easement road a~ross LSlt 1 of City ofP.oway Tract No. 84..4D,M!~p ~,o, 1:1388 a,~d Parc,e1 J of said Tentative Pa,rcel Mtip No.89~19 <Tf!M 8,9-19) shall beconstr;u,cted ln accordance. with City 'of PowayNon-Dedi cated Local Rural Street Standards. C. WATER AND SEWER FACIUTIES The water and sewer facilities shall be constructed within .Monte Vista Court fr,omthe-ex~:.t\rigwater andsew~r J:fnes ,in said Map No. 11388 to the northerly 1 ine. of said Parcel 10f TPM 89-19. 2. Plans, when requited" shall be prepared by a. registered civil engineer and stia'll be apJjrov~cj by the Director of Eng,i~eeringServices. An .of the above improvements shall be made in accordance .with all pertinent ordinan.Ges and s'fandards of the City of Poway in effect at drne oJ instaJ latton. IN WITNESS WHEREOF, the u~dersigned has executed this instrument, this 18 day oJ Gc::roBEiL, '1990. ACKNOWLEDGED: CITY: OF POWAY OWNER: ASSOCIATioN FOR BETTER HOME CARE '~_"I ='/" ~--r--- ./;;',(~: 0-:~ Mark S. Weston Director of Ehgine'ering Services By,:" u.:r J~ 'Carl. ,f. Giese" PtI'rtner' -I2~ (p, ~ , ~';O~:L b~r'" By: ',' '-<, . .,,' 0", , Robert 1'1, Stenetello, Partner . . - Q) / - '~,< f-~ _!i; ,J' ~ Id-' 0 s::1l .. ~ O~ , .- >- 0 ~~ e S Zs l :>-::l ~ ~~ -" Q)", '"0;5 .- t:... . ,,} 522 (Acknowledgement) STATE OF CALlFORr'" ) ,() ) '5, County ot San D~e.;o ) On this 18 day of October , inthe yeer 19 90 ,betore me, Cindy K. Whyte a Notary Public in and-for the said County and State, residing therein, duly commissioned and sworn,.personally appeared Carl F. Giese u personally known to me (or proved to me on the basIs of satisfactory evidence) t~ b~ the person\s): Whose name is subscribed to this Instrument, and acknowledged (D INDIVIDUAL) that'he (she or they) executed it. Who executed the within instrument as _ president and (0 CORPORATION) secretary, on b_ehalf of the corporation therein named" and acknowledged to me that such corporation executed the ~llhll' instrument pursuant toils articles and by-laws and a resolution of its Board of Directors. d]J PARTNERSHIP) That hp. executed the wlthlll iflstrumel"lt on behalf of the pa~- nership, and acknowledged to me that thepartnershjp executed,lt. "INWITNESSWHEREOF, I have hereunto set my ha~d and affixed my official seal, in and lor said County and State, the day and year first above written. '~""~~"""'"~"'''''.r;r..~...>tC~~~Xio ('.\~..1.. \(. ~~t:-- . ~6'1~ CHf;'~I~.~L~;~~.lTE ~ Notary Public I~ an~ for said County d State of Cali/ornla 11: ~NOiM\V PI)BlIC'CA"IFOf1NiA~. My commission expires: January 31" 1994 i" f, S!\~ OI;G:) ~~O,UNTYo ~ FD-1B ~it-~~,~~:~~~;>~;;~\:~J{.~it Acknowledgement - Attorney in Fact as General Partner in Partnership) STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On October 18. 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Samuel A. Stelletello, personally known to me, (or proved to me on the basis of satisfactory evidence). to be the person whose name is subscribed to the within instrument as the Attorney In Fact of Robert W. Stelletello, as general partner of the partnership that executed the within instrument and ac~ovledged to me that. he executed the same for and on behalf of said partnership, and that said partnership executed the same; WITNESS my hand and official seal. (~o\<. U)~ Notary Public in and for said County and State OFFICIAL SEAL CHIDY K, WHYTE NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMM. EXP. JAN. 31 J994