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Covenant of Improvement Requirements 1991-0095917 ., ',,' .. \; , .' '. 12195 00[11= 1991-0095917 05-MAR-1991 03=20 PM 1, ~. ~ mORDING REQUfSTED BY liCDR TITLE INSUfMNCE COMPArJV OF CALIFORNIA When ~ecorded, please mail to: CITY CLERK C!TY OF POWA Y 'P.O. BOX 789 POWAY, CA 92074 11'7()t;,g() --- -", ., At~~ntlon: Jeannette LOUlse Mlncks APN 321-080-21, 30 SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVAHS, .cOUNTY RECORDER RF: 9.00 FEES: 17.00 AF: 7.00 MF: 1. 00 T.P.M. 88-08 rf 7P COVENANT OF IMPROVEMENT REQUIREMENTS WHEREAS Jeanette Louise Mincks, a married woman as her sole and separate property as to parcel A and Harry S. Barber, a married man, as to parcel B, are owners of the following described property: PARCEL A: . Parcel 4 as shown on a Parcel Map filed in Book of Parcel Maps on Page 4353 in the Office of County Recorder of San Diego County on December 30, 1975, being a portion of the Northwest quarter of Lot 2 of Section 5, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to official Plat ~hereof. .,z"~;,_.,-,..,,..".- Parcel. B: ,I" Those portions of Lots 2 and 3 of Section 5, Township 14 South, Range 1 West, San Bernarcino Merician, in the County of San Diego, State of California, according to United States Government Survey approved February 24, 1876, described as follows: Beginning at a point on the East line of said Lot 3, distant 442.56 feet Northerly there along from the Southeast corner of said Lot 3, said point being in the centerline of that 40 foot road easement described in Parcel 5 in Deed to Vali Hai Rancho, a partnership, recorded April 10, 1957, in Book 6530, Page 139 of Official Records; thence, along the Westerly line of land described in Deed to George H. Koster and wife, recorded August 16, 1957 cs Document No. 125064 in Book 6710, Page 326 of Offic.ial Records, Nor-fh 04000 I 21" wes't 27'9.37 feet (No~th 03058'10" West 280.48 feet Record per document recorded December 19, 1957 in Book 6877 page 84 of Official Records) to the North line of the Southeast quarter of , said Lot 3; thence, along said North line North 89057'24" East, 17.96 feet (North 89058'08" East, 18.00 feet. Record per document recorded December 19, 1957 as Document number 191903 of Official Recorcs) to the Northeast corner of said Southeast quarter of said Lot 3; thence, along the South line of the Northwest quarter of said Lot 2, North 1 . 1296 . 89057'24" East, 689.53 feet (North 89057'40" East a distance of 689.67 feet Record per document recorded March 15, 1955 in Book 5567 page 318 of Official Records), more or less, to the Northeast corner of the Southwest quarter of said Lot 2; thence, South 43036'59" West 359.33 feet (South 43035'50" West 359.43 feet Record per document recorded March 15, 1955 in Book 5567 ~ag2 318 of Officjal Records); thence, South 0026143" East 7_G~ feet, (South 0027'52" East 7.65 feet Record per document recorded March 15, 1955 in Book 5567 page 318 of Official Records); thence, South 88030'49" West 440.33 feet lSouth 85047'20" West 441.54 feet Record per document recorded March 15, 1955 in Book 5567 page 318 of Official Records) more or less, to The Point of Beginning. WHEREAS, the owners seek to adjust the boundary of said property having filed Tentative Parcel Map No. 88-08 which was conditional1y approved by the City Council, City of Poway, on March 7,1989, per Planning Resolution No. P-89-26. WHEREAS, said Resolution lists numerous requirements, including, improvements, that must be fulfilled prior to the boundary adjustment and, WHEREAS, the installation by owners of said imorovements is a reasonable condition to the -granting of authority for said boundary adjustment by the City of Poway; and WHEREAS, in 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 hereafter: NOW THEREFORE The owners hereby declare that all 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 shal1 run with the land and shall be binding on all parties having or acquiring any ~ight, title or interest in the described lands or any part thereof. The following iffiprovemen~s, as required by the Resoltition of Approval, No. P-89-26 must be completed prior to the issuance of a building permit or ether grant of approval for the parcels affected by said boundary adjustment. Improvements must be designed and constructed to the standards in effect at the time of development. 2 . .' 1297 SECTION 3: H. GRADING 1. Grading of the subject property shall be in accQrdance with the Uniform Building Coce, City Crading Ordinance, approved grading plan and geotechnical :eport, and accepted grading practices. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance, and at first submittal of a grading plan. 3. The final grading plan shall be subject to review and approval by the Planning Services and Public Services Department and shall be completed prior to issuance of building permit. 4. A pre-blast survey of surrounclng property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approv2d by the City E~ginee:. I. STREETS AND SIDEWALKS 1. Reciprocal access and maintenance agreements shall be provided insuring access to all parcels over private roads, and maintenance thereof to the satisfaction of the Director of Engineering Services. 2. Street striping and signing shall be installed to the satisfaction of the Director or Engineering Services. 3. 1'.11 street structural sections shall be submitted to, and approved by the Director of Engineering Services. 4. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for aDProval by the Director of Engineering Services. Plan check and inspection expense~ shQll be p~i~ by the jcveloper, 5. Street improvements that include, but are not limiteed to: a. Sidewalks e. Cross gutter X b. Driveways f. Alley gutter c. Wheel chair ramps X g. Stl~eet pavlng d. Curb and gutter h. Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. 3 . .. 1298 6. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration OI bonds and improvements, to the satisfaction of the Department of Engineering Services. 7. Prior to any work being performed in the public right-of-wD.Y, an encroachment f.ermi t shall b:3 obtained =rom the Engineering Services office and appropriate fees paid, in addition to any other permits required. 8. Street improvements and maintenance shall be made in accordance with City Ordinance standards for Non-Dedicated Rural Streets with drainage improvements suitable for all weather access. 9. The developer shal1 pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the Certificate of Occupancy is issued, whichever occurs later. J. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the Director of Engineering Services and in accordance with standard engineering practices. 2. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 3. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 4. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance at the date of final inspection or at the date the Certificate of Occupancy is issued, whichever occurs la~er. 5. Concentrated flows across driveways and/or sidewalks shall not be permitted. K. UTILITIES 1. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of poway and the Heelth Department of the County of San Diego. 4 . . 1299 2. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and shall be paid prior to building permit issuance. . 3. DE"ve) oper 3hal1. con'struct a ligh'c system cor..Lcrming to .:.:.~i ty of poway standards at no cost to the public, subject to the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cut-off 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, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges 5 ,0 -.-y . . 1300 shall be paid by the developer. d. Annexation to the lighting district shall be accomplished and evidence of annexation shal1 be accomplished at the time of final inspection or Certificate of Occupancy, whichever occurs later. L. SAFETY SERVICES 1. A new fire hydrant shall be installed prior to issuance of any building permit. The location of the fire hydrant shall be determined by the City Fire Marshal. 2. Vali Hai Road shall be improved to meet the access roadway requirements of the Uniform Fire Code. Plans, when required, shal1 be prepared by a Registered Civil Engineer for the developer and approved by the Director of Engineering 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 improved may be issued before the completion of the above improvements. 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 instal 1 utilities within the private easement to be improved may be issued before the completion of the above improvements. IN WITNESS WHEREOF"the instrument this ~~ undersigned has executed this 9 day of U.Q..('j.1,m ~\_ , 19 'il ACKNOWLEDGED '.- r ette Louise Mincks /;?;J~/vd '5 /vfta~ Director of Engineerlng Services 6 :-:.1-'-; .~ , . . . 1301 (Individual) STATE OF CALIFORNIA l G - SS. COUNTY OF ':>0. i'\ 0, orf' On \'~ I <t I [(If before me, cer ,5<''/ Ir. C.Z"Hli8~<aNOtaryPublicin.Ddfor..idStale' personally appeared J -Pn ,\, .0-1 +~ LtJ f Ii..) p t1\ ~ V\ r ks , . . (known to mel lor proved to me on the basis of satisfactory evidence) to be the penlOD_ Wh08e name~8ubacrihed to the within in~trument and. acknowledged that 5'A o. executed the same. WITNESS my hand and official seal. Si~...tu,.c:;?,kJt'./ '/ k (I. Z re.IAC< CkJ ~ U r:;a~~~'~~;l ~ r.'T,"T' ::" I ."_,,',, O. . IC "C S""" , II ;C,.",,",,>.\, P'R'^ -I" ^ "0 C' i {~~~., ,,~l. ~,-. C ,__:\,-.f.\._!\)~A ~i..'''- \~~)'I. :.: I ','--;,v ." I" '"' "" ' "'\'" ,I, I': ,_:~,>('iim r.c ",,,. h,'..". - c."""""", ,f " '.;"\"- .... ;;~}'" ! ( '...,0", / "11 :>'I'Cn ",:",,:'-','-'1 " ~.,..'" ""',_',",,,~ I ',- ~,-./ r,,"" (.--,-"" c""'in~, Q''',- F );-"'J I . ", .,,,. "" .,.,.,e" v ..1, -,_, -~~:~~--'----",,--:-;;-.:;;,~~.-.;;;=.;:=;;;;-- Form 3213(CA 12,82) rnil.rw.frwoffic;.' MU,..w w.o