Covenant of Improvement Requirements 1991-0095917
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12195
00[11= 1991-0095917
05-MAR-1991 03=20 PM
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~ 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
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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
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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:
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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.
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Parcel. B:
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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
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1296
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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.
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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.
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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.
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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.
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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
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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
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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 ,
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. (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.
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Form 3213(CA 12,82)
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