Covenant of Road Improvements and Water Storage Facilities 1988-621092
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CITY OF POWAY
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RECORDING REQUEStED BY:
880EC -S AH8: 29
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WHEN RECORDED MAIL TO:
lVEIlto. L LYU'~_ i
,COUNfY I{ECORD~
PASCO ENGINEERING
535 N. Hwy. 101, Ste A
Solaria Beach, tA 92075
RECORDER'S USE ONLY
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APN 277-021-02
277-021-04
277-011-04
TN! 17172 R
COVENANT OF ROAD IMPROVEMENTS AND
WATER STORAGE FACILITIES.
WHEREAs, Thomas A.. Li;guori, TrusJee of the Thomas A. .Liguori
separate property Trust .i.g, owner of the following described
property:
'(SEE EXHIBIT "A" ATTACHED HERETO)
and
WHEREAS, owner seeks approval for a division of land of said
property having filed Tentative Parcel Map No. 17172 R which was
approved by the Director, Department of Planning and Land Use,
City of Poway,' on July 2, 1985, which division of land will
cause additional burdens on the City of Po way; and
WHEREAS, the City of Poway is empowered to prevent said
division of land, or to deny or withhold its consent to the
proposed division of,land, a? the case may be, until the owner
provides such improvement and/or pays such fees, as will
alleviate such burdens" and/or until own'er enters in toa covenant
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Of 1889
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of improvements with the City of poway; ,and
WHEREAS, ,these requirements are reasonable conditions to the
granting df approval of said division of land by the City of
poway; and
WHEREAS, it has not been conclusively and authoritatively
d~~ermined that the owner has the legal right to increase the
burden upon the servient tenement (s) sufficient to satisfy th0
needs of the proposed subdivided lots; and
WHEREAS, in lieu of the immediate installation of road
improvements and water storage facilities, it is the desire and
intention of the owner to impose upon the real property
described above the covenants set forth hereafter;
NOW, THEREFORE,
The owner hereby agrees and declares that all the real property
described above is held and shall be held, conveyed, hypothecated
or encumb~red, leased, rented, used, occupied and improved subject
to the following covenants, which shall run with the land and shall
be binding upon all parties having or. acquiring any right, title,
or interest in the de~cribed real property or any part thereof;
The following conditions, as required by the Notice of
Approval, must be complied with prior to theis~uance of a
building permit or other grant of approval for the deve16pment,
including further division, for any parcel. created by the Parcel
Map. (See Exhibit "B"..)
The following conditions, as required by the Notice of
Approval, must be complied with only o.n the particular parcel for'
which a building permit is sought. (See Exhibit "C".)
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STATE OF CALIFORNIA
COUNTY OF ~_SArLlnEGO
On ~_~_L197
saId Stale, personally appeared H 0 MA SA.
,before me. the undersigned. a Notary Public in and for
LIGUORI
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personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed 10 the within instrument and acknowledged to me that
he/she/they executed the same.
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OFFICIAL SEAL
W1WAM L HANNA
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lWI_ COUN1T
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WITN ESS my hand and official seal.
s;gnatu'e~
(This area for official notarial seal)
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The owner and, a'11 parties having or acquiring any right,
title or intere'st in the above de'scribed real pr,operty agree to
refer to', and incorporate by reference, the foregoing .co,nditions
in all instruments of conveyance of ~ll or any portion of said
real property until releases of said conditions have been
properly executed and recorded.
IN WITNESS WHEREOF,
Agreement this 610 day
1890
the undersigned
of
has executed this
m~, 1987. :
Th~~'
omas .,:1 1
(ALL SIGNATURES MUST BE NOTARIZED)
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TPg 17172R
Liguori
EXHIBIT "A"
r.EGAL DESCRIPTION
THAT PORTION OF THE EAST HALF .OF THE NORTHEAST QUARTER OF SECl'ION
18 AND A PORTION 'OF T!IENORTH HALF OF SECTION 17, ALL IN TOWNSHIP
13 SOUTH, RANGE 1 WEST, SAN BERNARDINO ,MERIDIAN, IN THE COUNTY OF
SAN DIEGO, S,TATE OF,' CALIFORNIA, ACCOR.DING TO OFFI.CIAL PLAT
THER'EOF I SAID PORTION BEING DESCRIBED, AS A WHOLE AS FOLLOWS':
BEGINNING AT THE NORTHEAST CORNER OF, SAID SECTION 17; THENCE
ALONG THE NORTHERLY LINE ,OF SAID SECT.ION17 ,SOUTH 87049'52" WEST
- 2689.26 FEET TO 'THE NORTHEAST. CORNER OF' 'THE NORTHWEST QUARTER
OF SAID SECTION' 1-7 ; THENCE ALONG THE EASTERLY LINE OF- SAID
NORTHWEST QUARTER SOUTH 00013 '15" EAST -. 381.06 FEET;,THENCE'
LEAVING SAID EASTERLY ,LINE, SOUTH 8601,9 '26" WEST - 393 .,B3FEET;
THENCE SOUTH 73027"56" .wEST - 384,.89F,EET;,,'THENCE SOUTH 5300V16"i,
WEST':: 236.77 FEET; THENCE SOUTH 37029,'48" WEST - 170.10 FEET;
THENCE SOUTH 19005'18" WEST - 169.99 FEET.; THEI~CE SOUTH 56004'28"
WEST - 192.68 FEET; THENCE SOUTH 40050"15" WEST - 365.52 FEET;
THENCE SOUTH 72 040'3"4'; IHST -, 1,68.,38 F,EET'I THENCE NORTH
79055'33" WEST - 283.6'1 FEET; THEN.CE SOUTH 87017',42" WEST-
243.96 FEET; THENCE SOUTH 3P19'58"WEST - 98.65 FEET; THENCE
SOUTH 37006'42" WEST -112.34 FEET; 'THENCE SOUTH 73'015'41" WEST-
127.77 FEET; THENCE'Sm:[TH 49030'33" IvEST - 170.00 FEET; THENCE
SOUTH 47"48'33" WEST ~ 208.80 FEET; THENq: SOUTH 82001;'40" WEST -
148.44 FEET; THENCE SOUTH 59024'01" \{EST - 190.02 FEET; THENCE
SOUTH 27053'19" WEST - 96.86 FEET; THENCE SOUTH 03039'10" WEST-
306.36 FEET; THENCE'SOUTH 57022'26" WEST - 155.25 FEET; THENCE
NORTH 5705:4'07" WEST'~i04.i8 FEET; THEN.CE NORTH 86017'28" WES'T-
123.04 FEET; THENCE SOUTH 51007'29" WEST - 106.24 FEET; THENCE
SOUTH 10025'15" WEST - 127.49 l"EE';l'; TIi~CE SOUTH 44042'47" WEST-
198..74 fEET; THENCE NORTH 84032'04" WEST- 156.60 FEET; THENCE
S'OUTH 75'0'41' 50 ,; WEST - ,238.3'2. FEET TO A. POINT IN THE WESTERLY
LINE OF THE EAS'T HALF OF THE NORTHEAST, QUARTER OF SAID SECTION
18" SAID POINT ElEARS NORTH 00033'37" WEST'- 30.88 FEET F~9M.THE
SOUTHWEST CORNER OF S,AID EAS,T HALF 'OF THE NORTHEAST QUARTER;
THENCE ALONG SAID ~IESTERLY LINE, SOUTH 00033'37" EAST - 30.88
FEET TO SAID SOUTHWEST CORNER; THENCE' :AtONG THE SOUTHERLY LINE OF
SAID NORTHEAST QUARTER:, SOUTH 89045'27" EAST - 1369.34 FEET TO
THE SOUTIIWEST CORNER OF THE NORTH HALF OF SAID SECTION 17; THENCE
ALONG, THE ~0UTHERr.Y LINE OF SAID NORTH HALF NORTH 88 000 '17" EAST
- 5342:.76 F:EET ,TO THE SOUTHEAST 'cORNER OF SAID NORTH HALF ; TH'ENCE
ALONG THE EASTERLY LINE OF SAID SECTION 17, NORTH 00057 '24" "EAST
- 2670.36 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "8."
The following condition, as required by the Notice of Approval,
mus.t be complied with pri.or to the issuanc,E' of a building
permit or other grant .ofapprova1 for development, including
further division, for any parcel created by the Final Parcel
Map.
C. Road Improvements (Private)
1. The private easement road from the West boundary of
land div'is'ion tathe West boundary of Parcel 1 shall
be constructed within the easements. All roads shall
be graded and w.eiL-drained with surfacing equal to
or better than three inches (3") of decomposed granite
having a minimum 6.E. of 25 and h~ving a graded width
equal to 16 fe~~ to 24 feet depend2ng on cross slope.
Roads greater than, 12% in grade sh,all be treated with
a road oil mix" 2'" of cold mix or 2"of hot mix ,bituminous
material. Gr~des over 25% are no~ allowed.
The road which extends easterly (rom the Westerly
boundary of prop,osed Parcel 4, shall have a graded
width of 16 feet to 24 feet depending, on cross slope
and a 10-foot shoulder for horse trail purposes, to
be provided on the on-site road only.
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EXHI BIT. II e"II
'l',he folLowing condition, as.req;u'ired by' the Notice of Appr.Qvai,
must be compI ied wLth on.!y on the particu1ar parce'.! for. which a
bui lding permit is sought.
Sec.tion 3
Item A)l
An approved water storage faci Ii ty, 'and fire dep,artment
connection. sha'll be installed in accordance '>'ii th the
specifications .of the poway Depar.tment of Public Works an_d
Co~nty Standa~ds on ~ach parcel.