Covenant of Improvement Requirements 1991-0009602
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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:
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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
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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:
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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
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Mark S. Weston
Director of Ehgine'ering Services
By,:" u.:r J~
'Carl. ,f. Giese" PtI'rtner'
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By: ',' '-<, . .,,' 0", ,
Robert 1'1, Stenetello, Partner
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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
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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