Covenant of Road Improvements 1990-308820
RECO~DING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL T-O:
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CITY CLERK
CITY,OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No transfer tax due
(This space for Recorder's Use)
RF 6
AR 4
MG 1
APN # 321~220-02
Project: TPM 87-12
COVENANT OF ROAD IMPROVEMENTS
WHEREAS, VJctoria 1. La-i'q:iis~i "C)iid, ganteyR. Lazo,wski, as husband and wife;
are owne'rs of the following gescribed property:
(SEE EXHfB-(r i!A" ATTACHED HERETO)
; and
WHEREAS, owner seeks approval for a division ,of 'land of said property having
filed Tenta t i veparce 1 Map No. 87-12 which was approved by the City Counci 1"
City 'of Poway, on April 5, 1988, which divisionbf land will cause additional
burdens on the City of poway; and
WHEREAS, the City of P(Jw,ay is empowered to prevent said division of land, or
to deny or withhoJd its consent to the proposed divisi,on of land, as the case
may be, until the owner provides such improvement and/or pays such fees, as wi 11
aileviate such burdens, andl,or until owner enters into a covenant of improve-
ments with the City of Powai; and
WHEREAS, these requirements are reasonable conditions to the granting of
approval'-of, said-divistonof land by the Gity of poway; and
WHEREAS, it has not been. conclus i vely a.nd authorita:tj ve ly ~etermined that
the owner has the legal right to i ncreilsethe burden,upori the~E!rvJ~nt ,
tenement(s) suf.ficierit to satisfy the needs of the proposed subdivided lots; and
WHEREAS, in 1 i eu of thE! inmediatei ns'taHa t fon o,f road improvements ,it is
the de.sire and intenti'on of JhE! 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 pro-
perty describe'dabov'e is hetd and shall be held, convey,ed, hypothecated or
encumbered, lea'sed, rented, 'used',occupi ed and improvedsubJe'Ctto the foll owi ng
covenants,wh,lCh sha'll run w,ith the, land and shall" be bind,;ng upon all parties
having or acqujring any right, title, or interest in the described real property
or any part thereof;
The following conditions, as required by the ,Notice of Approval, must be
compl ied witl, prior to the issuance of a building permit or other grant of
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approVal for the developtt, i ilc,ludi'ng
by the parcel Map (See ExhibH< ",~",).
The: ,owner and>all parfies,havf'ng or' acqu,iring any right, title or interest
in the above described rea lpropert,y agreeno referto,andtncorporate by
referenCe" ttie :foregoTng~o.Qdifion,s in an ihstrumehts of conveyance of all or
any p9,rt,i on ofsa,id real prop~rty unit il~,el'eases of' sa i d conditi ons have been
properly ~xecuted and recorded.
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furttier Clivisi on, tr
'any parcel created
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IN WITNESS WHEREOF, the undersigned have executed this Agreement this
7 -.(L day of
mrl(,1
, 1990,
~X~j/~'
Victo,ria L. Lazowski /
(All signatures must be notarized)
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(Individual,.
STATE OF CALIFORNIA
COUNTY OF SA" L1'-e-yo
On t)-ZI.f-Cln bl
e ore me,
personally appeared
t ,c 7: ;'~, J~lt: .
)55,
8 Notary PUblic in and for said State.
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I I tb b. . ,(known tome'
ur provt>f to me on e 8S18 of satisfactory evidence) to he the penOn~ h ~ .
within ingtrum~nt and acknowledl{ed that ~ w oee name .uhscnbed to the
cxeented the same.
WITNESS 71.nd nll;.;.1 ...1.
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OmClAL SEAL
NANCY LAM
NOTARY PUBLIC - CAliFORNIA
SAN DIEGO COUNty
MyComm Eltpirel April 2.4, 1992
Form3213lCA 12-82)
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EXHIBIT "A"
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER ANDIHE
NORTH HAL~ CF lHE NORTHEAST QUARTER OF THE SoUTHEASr QUARTER. IN SECTIoil
6, TUWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO UNllED S~ATLS
GO~ERNMENT SURVEY, APPROVED JANUARY 13, 1883.
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID NORTHEASr QUARTER
OF THE SODTHEAST QUARTER. SOUTH 8S-56'04' EAST 40S,25 FEET TO THE TRUE
!'OINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE NDRTH 0;"28'30' EAST,
279.92 FEET; THENCE SOUTH 63~34'30' EAST, 37.65 FEET; THENCE SOUTH
ZS"45'lO' EAST. ~23.85 FEETi THENCE SOUTH 3S-05'2D' EAST, 225.38 FEETi
THENCE SOUTH 89-06'10' EAST. 234,49 FEETi THENCE SOUTH 3S-35'00' WEST.
380.43 FEETi THENCE NURTH 69-43'00' WEST, 374.50 FEETi THENCE NORTH
0;"28'30' EAST. 286,54 FEET TO THE TRUE POINT OF BEGINNING.
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EXHIBIT"B"
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The foll ()~i Qg ~ondjt i on, as ~equi rea by the, Noti ceof Approval, must be c6mp 1 i ed
w.ith pri or to the issuance of a bui,l'di rig permit or other g'rarit of approva.l for
develgpl11ent, including further d'ivision,fo'r anyparce.l created by the Final
Parcel Map.
A. Road Improvements (Private)
The. private road from Gold~n Sunset Lane to the westerly boundary of the
p~operty shall be improved to the non-dedic,ated rural road standards in
eHectat ~he time of buildi ng permit issuance or other grant of approval
-for-deve lopment.
The required plans shall be pr~p,a,re.d by a
deve,loper and approved by the Di're,ctorOf
,
Registered. Civil Engineer for the
Engineering Services.